[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[USCODETITLE]
[Pages 199-926]
[From the U.S. Government Publishing Office, www.gpo.gov]



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                                        [250]

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              GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES 
                                       SENATE

                [Data collected through 106th Congress, 1st Session]

                        Extracts from the United States Code

            ------------------------------------------------------------

                                  SECTIONS INCLUDED

                            TITLE 1.--GENERAL PROVISIONS

            Chapter 2.--Acts and Resolutions; Formalities of Enactment; 
                           Repeals; Sealing of Instruments

                                                         Senate 
             U.S. Code                                   Manual 
               Section                                   Section

            112.      Statutes at large; contents; 
                          admissibility in evidence......... 251
            112b.     United States International 
                          agreements, transmission to 
                          Congress.......................... 252

             Chapter 3.--Code of Laws of United States and Supplements; 
                      District of Columbia Code and Supplements

            211.      Copies [of Code of Laws] to Members of 
                          Congress.......................... 253
            212.      Additional distribution at each new 
                          Congress.......................... 254

                               TITLE 2.--THE CONGRESS

                Chapter 1.--Election of Senators and Representatives

            1.        Time for election of Senators......... 255
            1a.       Election to be certified by governor.. 256
            1b.       Same; countersignature by secretary of 
                          state............................. 257

                        Chapter 2.--Organization of Congress

            21.       Oath of Senators...................... 258
            22.       Oath of President of Senate........... 259
            23.       Presiding officer of Senate may 
                          administer oaths.................. 260
            24.       Secretary of Senate or Assistant 
                          Secretary of Senate may administer 
                          oaths............................. 261
            27.       Change of place of meeting............ 262
            30.       Term of service of Members of Congress 
                          as trustees or directors of 
                          corporations or institutions 
                          appropriated for.................. 263
            30a.      Jury duty exemption of elected 
                          officials of the legislative 
                          branch............................ 264

                 Chapter 3.--Compensation and Allowances of Members

            31.       Compensation of Members of Congress... 265

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            31-2.     Gifts and travel...................... 267
            31a-1.    Expense allowance of Majority and 
                          Minority Leaders of the Senate; 
                          expense allowance of Majority and 
                          Minority Whips; methods of 
                          payment; taxability............... 268
            31a-2.    Representation Allowance Account for 
                          the Majority and Minority Leaders. 269
            31a-2a.   Transfer of funds from representation 
                          allowance of Majority and Minority 
                          Leaders of the Senate to expense 
                          allowance; availability; 
                          definitions....................... 270
            31a-2b.   Transfer of funds from appropriations 
                          account of Majority and Minority 
                          Leaders of the Senate to 
                          appropriations account for 
                          ``Miscellaneous Items'' within 
                          Senate contingent fund............ 271
            31a-3.    Expense allowance for Chairmen of 
                          Majority and Minority Conference 
                          Committees; method of payment; 
                          taxability........................ 272
            32.       Compensation of President pro tempore 
                          of Senate......................... 273
            32a.      Compensation of Deputy President pro 
                          tempore of Senate................. 274
            32b.      Expense allowance of President pro 
                          tempore of Senate; methods of 
                          payment; taxability............... 275
            33.       Senators' salaries.................... 276
            36.       Salaries of appointed Senators........ 277
            36a.      Payment of sums due deceased Senators 
                          and Senate personnel.............. 278
            39.       Deductions for absence................ 279
            40.       Deductions for withdrawal............. 280
            40a.      Deductions for delinquent indebtedness 281
            42a.      Special delivery postage allowance for 
                          President of the Senate........... 282
            43d.      Organizational expenses of Senator-
                          elect............................. 283
            46a.      Stationery allowance for President of 
                          the Senate........................ 284
            46a-1.    Revolving fund for stationery 
                          allowances; availability of 
                          unexpended balances; withdrawals.. 285
            46d-1.    Long-distance telephone calls for Vice 
                          President......................... 286
            47.       Mode of payment....................... 287
            48.       Certification of salary and mileage 
                          accounts.......................... 288
            55.       United States Code Annotated and 
                          United States Code Service; 
                          procurement for Senators.......... 289
            58.       Mail, telegraph, telephone, 
                          stationery, office supplies, and 
                          home State office and travel 
                          expenses for Senators............. 290
            58a.      Telecommunications services for 
                          Senators; payment of costs out of 
                          contingent fund................... 291
            58a-1.    Payment for telecommunications 
                          equipment and services; 
                          definitions....................... 292
            58a-2.    Certification of telecommunications 
                          equipment and services as official 293
            58a-3.    Report on telecommunications to 
                          Committee on Rules and 
                          Administration.................... 294
            58a-4.    Metered charges on copiers; 
                          certification of services as 
                          official; deposit of payments..... 295

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            58c.      Senators' Official Personnel and 
                          Office Expense Account............ 297
            59.       Home State office space for Senators; 
                          lease of office space............. 299
            59.1      Additional home State office space for 
                          Senators; declaration of disaster 
                          or emergency...................... 300
            59b.      Purchase of office equipment or 
                          furnishings by Senators........... 301
            59e.      Official mail of persons entitled to 
                          use the congressional frank....... 302
            59f.      Mass mailings by Senate offices; 
                          quarterly statements; publication 
                          of summary tabulations............ 303
            59g.      Mass mailing of information under 
                          frank; quarterly registration of 
                          Senators with Secretary of Senate. 304

             Chapter 4.--Officers and Employees of Senate and House of 
                                   Representatives

            60-1.     Authority of officers of the Congress 
                          over Congressional employees...... 305
            60-2.     Amendment to Senate conflict of 
                          interest rule..................... 306
            60a-1.    Senate pay adjustments; action by 
                          President pro tempore of Senate... 307
            60a-1a.   Rates of compensation disbursed by 
                          Secretary of Senate; applicability 
                          of Senate pay adjustments by 
                          President pro tempore of Senate... 308
            60a-1b.   Senate pay adjustments; action by 
                          President pro tempore of Senate... 309
            60c-1.    Vice President, Senators, officers and 
                          employees paid by Secretary of the 
                          Senate; payment of salary; advance 
                          payment........................... 310
            60c-2a.   Banking and financial transactions of 
                          Secretary of Senate............... 312
            60c-3.    Withholding and remittance of State 
                          income tax by Secretary of Senate. 313
            60c-4.    Withholding of charitable 
                          contributions from salaries 
                          disbursed by the Secretary of the 
                          Senate and from employees of the 
                          Architect of the Capitol.......... 314
            60c-5.    Student loan repayment program........ 315
            60j.      Longevity compensation................ 316
            60j-1.    Capitol Police longevity compensation. 317
            60j-2.    Longevity compensation for telephone 
                          operators on United States 
                          telephone exchange and members of 
                          Capitol Police paid by Chief 
                          Administrative Officer of House... 318
            60j-4.    Longevity compensation not applicable 
                          to individuals paid by Secretary 
                          of Senate; savings provisions..... 320
            61.       Limit on rate of compensation of 
                          officers and employees of Senate.. 321
            61-1.     Gross rate of compensation of 
                          employees paid by Secretary of 
                          Senate............................ 322

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            61-1a.    Availability of appropriated funds for 
                          payment to an individual of pay 
                          from more than one position; 
                          conditions........................ 323
            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''....................... 324
            61-1c.    Aggregate gross compensation of 
                          employee of Senator of State with 
                          population under 5,000,000........ 325
            61a.      Compensation of Secretary of the 
                          Senate............................ 326
            61a-9.    Advancement by Secretary of the Senate 
                          of travel funds to employees under 
                          his jurisdiction for Federal 
                          Election Campaign Act travel 
                          expenses.......................... 327
            61a-9a.   Travel expenses of Secretary of 
                          Senate; advancement of travel 
                          funds to designated employees..... 328
            61a-11.   Abolition of statutory positions in 
                          the Office of the Secretary of the 
                          Senate; authority to establish and 
                          fix compensation.................. 329
            61b.      Compensation of Parliamentarian of 
                          Senate............................ 330
            61b-3.    Professional archivist; Secretary's 
                          authority to obtain services from 
                          General Services Administration... 331
            61c-1.    Adjustment of rate of compensation by 
                          Secretary of the Senate........... 332
            61c-2.    Compensation of Assistants to Majority 
                          and Minority in Office of 
                          Secretary of Senate............... 333
            61d.      Compensation of the Chaplain of the 
                          Senate............................ 334
            61d-1.    Compensation of employees of the 
                          Chaplain of the Senate............ 335
            61d-2.    Postage allowance for Chaplain of the 
                          Senate............................ 336
            61d-3.    Office of the Chaplain Expense 
                          Revolving Fund.................... 337
            61e.      Compensation of Sergeant at Arms and 
                          Doorkeeper of the Senate.......... 338
            61e-3.    Death, resignation, disability, or 
                          absence of Sergeant at Arms and 
                          Doorkeeper of the Senate.......... 339
            61e-4.    Designation by Sergeant at Arms and 
                          Door-keeper of Senate of persons 
                          to approve vouchers for payment of 
                          moneys............................ 340
            61f-1a.   Travel expenses of Sergeant at Arms 
                          and Doorkeeper of the Senate...... 341
            61f-7.    Abolition of statutory positions in 
                          the Office of the Sergeant at Arms 
                          and Doorkeeper of the Senate...... 342
            61f-8.    Use by Sergeant at Arms and Doorkeeper 
                          of the Senate of individual 
                          consultants or organizations and 
                          department and agency personnel... 343
            61f-10.   Procurement of temporary help......... 344
            61g-6.    Payment of expenses of Conferences of 
                          the Majority and Minority from 
                          contingent fund of Senate......... 345

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            61g-6a.   Salaries and expenses for the Majority 
                          and Minority Policy Committees and 
                          Conference Committees............. 346
            61g-7.    Services of consultants to Majority or 
                          Minority Conference Committee of 
                          the Senate........................ 347
            61g-8.    Utilization of funds for specialized 
                          training of professional staff for 
                          Majority and Minority Conference 
                          Committee of the Senate........... 348
            61h-4.    Appointment of employees by Majority 
                          and Minority Leaders of Senate.... 349
            61h-5.    Assistants to Majority and Minority 
                          Leaders for Floor Operations...... 350
            61h-6.    Appointment of consultants by Majority 
                          Leader, Minority Leader, Secretary 
                          of the Senate, and Legislative 
                          Counsel of the Senate............. 351
            61h-7.    Chief of Staff of the Majority and 
                          Minority Leaders.................. 352
            61j-2.    Compensation and appointment of 
                          employees by Majority and Minority 
                          Whips of Senate................... 353
            61k.      Compensation and appointment of 
                          employees by President pro tempore 
                          of Senate......................... 354
            61l.      Administrative Assistant, Legislative 
                          Assistant, and Executive Secretary 
                          for Deputy President pro tempore 
                          of Senate......................... 355
            62.       Limitation on compensation of Sergeant 
                          at Arms and Doorkeeper of Senate.. 356
            64-1.     Employees of Senate Disbursing Office, 
                          designation by Secretary of Senate 
                          to administer oaths and 
                          affirmations...................... 359
            64-2.     Transfer of funds by Secretary of 
                          Senate; approval of Committee on 
                          Appropriations.................... 360
            64-3.     Reimbursement for United States 
                          Capitol Police salaries paid by 
                          Senate for service at Federal Law 
                          Enforcement Training Center....... 361
            64a.      Death, resignation, or disability of 
                          Secretary and Assistant Secretary 
                          of Senate; Financial Clerk deemed 
                          successor as disbursing officer... 362
            64b.      Same; Assistant Secretary of Senate to 
                          act as Secretary.................. 363
            65a.      Insurance of office funds of Secretary 
                          of the Senate and Sergeant at 
                          Arms; payment of premiums......... 364
            65b.      Advances to Sergeant at Arms of the 
                          Senate for extraordinary expenses. 365
            65c.      Expense allowance for the Secretary of 
                          the Senate, Sergeant at Arms and 
                          Doorkeeper of the Senate, and 
                          Secretaries for the Majority and 
                          the Minority of the Senate........ 366
            65d.      Office Expenses of the Sergeant at 
                          Arms and Doorkeeper of the Senate: 
                          advancement of funds.............. 367

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            65f.      Funds for Secretary of the Senate to 
                          assist in proper discharge within 
                          United States of responsibilities 
                          to foreign parlimentary groups or 
                          other foreign officials........... 368
            66a.      Restriction on payment of dual 
                          compensation by Secretary of the 
                          Senate............................ 369
            67.       Clerks to Senators-elect.............. 370
            68.       Payments from contingent fund of 
                          Senate............................ 371
            68-1.     Designation of Rules Committee 
                          employees to approve vouchers on 
                          behalf of Committee............... 372
            68-2.     Appropriations for contingent expenses 
                          of Senate, restrictions........... 373
            68-3.     Establishment of separate accounts for 
                          the Secretary of the Senate and 
                          the Sergeant at Arms and 
                          Doorkeeper of the Senate.......... 374
            68-5.     Purchase, lease, exchange, 
                          maintenance, and operation of 
                          vehicles out of account for 
                          Sergeant at Arms and Doorkeeper of 
                          the Senate within the contingent 
                          fund of the Senate; authorization 
                          of appropriations................. 375
            68-6.     Transfers from appropriations accounts 
                          for expenses of the Secretary of 
                          the Senate and Office of the 
                          Sergeant at Arms and Doorkeeper of 
                          the Senate........................ 376
            68-6a.    Transfer of funds by Sergeant at Arms 
                          and Doorkeeper of Senate 
                          appropriations account within 
                          contingent fund of Senate for 
                          official expenses and other 
                          purposes available under 
                          appropriations account............ 377
            68-7.     Senate Office of Public Records 
                          Revolving Fund.................... 378
            68-8.     Vouchering Senate office changes...... 379
            68a.      Materials, supplies, and fuel payments 
                          from Senate contingent fund....... 380
            68b.      Per diem and subsistence expenses..... 381
            68c.      Computation of compensation for 
                          stenographic assistance of 
                          committees........................ 382
            68e.      Advance payments by Secretary of 
                          Senate............................ 383
            69.       Expenses of committees................ 384
            69-1.     Availability of funds for franked mail 
                          expenses.......................... 385
            69a.      Orientation seminars.................. 386
            69b.      Senate Leader's Lecture Series........ 387
            72a.      Committee staffs...................... 388
            72a-1e.   Assistance to Senators with committee 
                          memberships by employees in office 
                          of Senator........................ 389
            72a-1g.   Referral of ethics violations by the 
                          Senate Ethics Committee to the 
                          General Accounting Office for 
                          investigation..................... 390
            72d.      Committee on Appropriations; 
                          discretionary powers.............. 391
            72d-1.    Transfer of funds from the 
                          appropriation accounts for 
                          salaries or expenses for the 
                          Appropriations Committee of the 
                          Senate............................ 392

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            74b.      Employment of additional 
                          administrative assistants......... 393
            88b.      Education of other minors who are 
                          congressional employees........... 395
            88b-1.    Congressional pages................... 396
            88b-7.    Daniel Webster Senate Page Residence 
                          revolving fund.................... 397
            101.      Subletting duties of employees of 
                          Senate or House of Representatives 398
            102a.     Withdrawal of unexpended balances of 
                          appropriations.................... 399
            104a.     Semiannual statements of expenditures 
                          of Secretary of Senate and Chief 
                          Administrative Officer of House of 
                          Representatives................... 400
            105.      Preparation and contents of statement 
                          of appropriations................. 401
            106.      Stationery for Senate; advertisements 
                          for............................... 402
            107.      Opening bids for Senate and House 
                          stationery; awarding contracts.... 403
            108.      Contracts for separate parts of 
                          stationery........................ 404
            109.      American goods to be preferred in 
                          purchases for Senate and House of 
                          Representatives................... 405
            110.      Purchase of paper, envelopes, etc., 
                          for stationery rooms of Senate and 
                          House of Representatives.......... 406
            111.      Purchase of supplies for Senate and 
                          House of Representatives.......... 407
            111a.     Receipts from sales of items by 
                          Sergeant at Arms and Doorkeeper of 
                          the Senate, to Senators, etc. to 
                          be credited to appropriation from 
                          which purchased................... 408
            112.      Purchases of stationery and materials 
                          for folding....................... 409
            113.      Detailed reports of receipts and 
                          expenditures by Secretary of 
                          Senate and Chief Administrative 
                          Officer of House of 
                          Representatives................... 410
            114.      Fees for copies from Senate journals.. 411
            117.      Sale of waste paper and condemned 
                          furniture......................... 412
            117b.     Disposal of used or surplus furniture 
                          and equipment..................... 413
            117b-1.   Receipts from sale of used or surplus 
                          furniture and furnishings of 
                          Senate............................ 414
            117b-2.   Transfer of excess or surplus 
                          educationally useful equipment to 
                          public schools.................... 415
            118.      Actions against officers for official 
                          acts.............................. 416
            118a.     Officers of Senate.................... 417
            119.      Stationery rooms of House and Senate; 
                          specifications of classes of 
                          articles purchasable.............. 418
            121.      Senate restaurant for deficit fund; 
                          deposits of proceeds from 
                          surcharge on orders............... 419
            121b-1.   Senate Hair Care Services; personnel; 
                          revolving fund.................... 420
            121c.     Office of Senate Health Promotion..... 421
            121d.     Senate Gift Shop...................... 422

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            121e.     Payment of fees for services of 
                          Attending Physician and for use of 
                          Senate health and fitness 
                          facilities........................ 423
            121f.     Senate health and fitness facility 
                          revolving fund.................... 424
            123b.     House Recording Studio; Senate 
                          Recording Studio and Senate 
                          Photographic Studio............... 425
            123b-1.   Senate Recording Studio and Senate 
                          Photographic Studio as successors 
                          to Senate Recording and 
                          Photographic Studios; rules, 
                          regulations, and fees for 
                          photographs and photographic 
                          services.......................... 426
            123c.     Data processing equipment, software, 
                          and services...................... 427
            123c-1.   Computer programing services, advance 
                          payments.......................... 428
            123d.     Senate Computer Center................ 429
            123e.     Senate legislative information system. 430
            125a.     Death gratuity payments as gifts...... 431
            126-2.    Official reporters; designation....... 432
            126b.     Substitute and temporary reporters and 
                          transcribers; payment from 
                          contingent fund................... 433
            130a.     Nonpay status for Congressional 
                          employees studying under 
                          Congressional staff fellowships... 434
            130b.     Jury and witness service by employees 
                          of the Senate and the House....... 435
            130c.     Waiver by Secretary of the Senate of 
                          claims of the United States 
                          arising out of erroneous payments 
                          to Vice President, Senator, or 
                          Senate employee whose pay is 
                          disbursed by the Secretary of the 
                          Senate............................ 436
            130e.     Special Services Office............... 437
            130g.     Emergency situations; provisions of 
                          facilities, equipment, supplies, 
                          personnel, and other support 
                          services for use of Senate........ 438

                           Chapter 5.--Library of Congress

            131.      Collections composing Library; 
                          location.......................... 439
            132.      Departments of Library................ 440
            132a.     Appropriations for increase of general 
                          library........................... 441
            132b.     Joint Committee on the Library........ 442
            133.      Joint Committee during recess of 
                          Congress.......................... 443
            136.      Librarian of Congress; appointment; 
                          rules and regulations............. 444
            136a-2.   Librarian of Congress and Deputy 
                          Librarian of Congress; 
                          compensation...................... 445
            138.      Law library open, when................ 446
            139.      Report of Librarian of Congress....... 447
            141a.     Design Installation and maintenance of 
                          security systems; transfer of 
                          responsibility.................... 448
            142j.     John C. Stennis Center for Public 
                          Service Training and Development.. 449
            145.      Copies of Journals and Documents...... 450

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            145a.     Periodical binding of printed hearings 
                          of committee testimony............ 451
            146.      Deposit of Journals of Senate and 
                          House............................. 452
            154.      Library of Congress Trust Fund Board; 
                          members; quorum; seal; rules and 
                          regulations....................... 453
            156.      Same; gifts, etc., to................. 454
            157.      Same; trust funds; management of...... 455
            158.      Same; deposits with Treasurer of 
                          United States..................... 456
            158a.     Temporary possession of gifts of money 
                          or securities to Library of 
                          Congress; investment.............. 457
            159.      Same; perpetual succession; suits by 
                          or against........................ 458
            160.      Same; gifts, etc., to Library not 
                          affected.......................... 459
            161.      Same; gifts, etc., exempt from Federal 
                          taxes............................. 460
            166.      Congressional Research Service........ 461

                 Chapter 6.--Congressional and Committee Procedure: 
                                   Investigations

            191.      Oaths to witnesses.................... 465
            192.      Refusal of witness to testify......... 466
            193.      Privilege of witnesses................ 467
            194.      Witnesses failing to testify or 
                          produce records................... 468
            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.. 469
            195a.     Restriction on payment of witness fees 
                          or travel and subsistence expenses 
                          to persons subpenaed by 
                          Congressional committees.......... 471
            195b.     Fees for witnesses requested to appear 
                          before Majority Policy Committee 
                          or Minority Policy Committee...... 472
            196.      Senate resolutions for investigations; 
                          limit of cost..................... 473
            198.      Adjournment........................... 474

                      Chapter 9.--Office of Legislative Counsel

            271.      Establishment......................... 476
            272.      Appointment of Legislative Counsel; 
                          qualifications.................... 477
            273.      Compensation of Legislative Counsel... 478
            274.      Staff; office equipment and supplies.. 479
            275.      Functions............................. 480
            276.      Disbursement of appropriations........ 481
            276a.     Expenditures.......................... 482
            276b.     Travel and related expenses........... 483

                     Chapter 9D.--Office of Senate Legal Counsel

            288.      Office of Senate Legal Counsel........ 484
            288a.     Senate Joint Leadership Group......... 485
            288b.     Requirements for authorizing 
                          representation activity........... 486
            288c.     Defending the Senate, committee, 
                          subcommittee, member, officer, or 
                          employee of the Senate............ 487

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            288d.     Enforcement of Senate subpena or order 488
            288e.     Intervention or appearance............ 489
            288f.     Immunity proceedings.................. 490
            288g.     Advisory and other functions.......... 491
            288h.     Defense of certain constitutional 
                          powers............................ 492
            288i.     Representation conflict or 
                          inconsistency..................... 493
            288j.     Consideration of resolutions to direct 
                          counsel........................... 494
            288k.     Attorney General relieved of 
                          responsibility.................... 495
            288l.     Procedural provisions................. 496
            288m.     Contingent fund....................... 497

              Chapter 11.--Citizens' Commission on Public Service and 
                                    Compensation

            351.      Citizens' Commission on Public Service 
                          and Compensation.................. 500
            352.      Membership............................ 501
            353.      Executive Director; additional 
                          personnel; detail of personnel of 
                          other agencies.................... 502
            354.      Use of United States mails by 
                          Commission........................ 503
            355.      Administrative support services....... 504
            356.      Functions of Commission............... 505
            357.      Report by Commission to the President 
                          with respect to pay............... 506
            358.      Recommendations of the President with 
                          respect to pay.................... 507
            359.      Effective date of recommendations of 
                          the President..................... 508
            360.      Effect of Presidential recommendations 
                          on existing law and prior 
                          recommendations................... 509
            361.      Publication of recommendations........ 510
            362.      Requirements applicable to 
                          recommendations................... 511
            363.      Additional function................... 512
            364.      Provision relating to certain other 
                          pay adjustments................... 513

                       Chapter 14.--Federal Election Campaigns

                 subchapter i.--disclosure of federal campaign funds

            431.      Definitions........................... 515
            432.      Organization of political committees.. 516
            433.      Registration of political committees.. 517
            434.      Reporting requirements................ 518
            437.      Reports on convention financing....... 521
            437c.     Federal Election Commission........... 524
            437d.     Powers of Commission.................. 525
            437f.     Advisory opinions..................... 527
            437g.     Enforcement........................... 528
            437h.     Judicial review....................... 529
            438.      Administrative provisions............. 530
            439.      Statements filed with State officers; 
                          ``appropriate State'' defined; 
                          duties of State offices........... 531
            439a.     Use of contributed amounts for certain 
                          purposes.......................... 532
            441a.     Limitation on contributions and 
                          expenditures...................... 536

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            441b.     Contributions or expenditures by 
                          national banks, corporations, or 
                          labor organizations............... 537
            441c.     Contributions by government 
                          contractors....................... 538
            441d.     Publication and distribution of 
                          statements and solicitations; 
                          charge for newspaper or magazine 
                          space............................. 539
            441e.     Contributions and donations by foreign 
                          nationals......................... 540
            441f.     Contributions in name of another 
                          prohibited........................ 541
            441g.     Limitation on contribution of currency 542
            441h.     Fraudulent misrepresentation of 
                          campaign authority................ 543
            441i.     Soft money of political parties....... 544
            441k.     Prohibition of contribution by minors. 546
            442.      Authority to procure technical support 
                          and other services and incur 
                          travel expenses; payment of such 
                          expenses.......................... 547

                         subchapter ii.--general provisions

            451.      Extension of credit by regulated 
                          industries; regulations........... 548
            452.      Prohibition against use of certain 
                          Federal funds for election 
                          activities; definitions........... 549
            453.      State laws affected................... 550
            454.      Partial invalidity.................... 551
            455.      Period of limitations................. 552

                    Chapter 15.--Office of Technology Assessment

            471.      Congressional findings and declaration 
                          of purpose........................ 560
            472.      Office of Technology Assessment....... 561
            473.      Technology Assessment Board........... 562
            474.      Director of Office of Technology 
                          Assessment........................ 563
            475.      Powers of Office of Technology 
                          Assessment........................ 564
            476.      Technology Assessment Advisory Council 565
            477.      Utilization of services of Library of 
                          Congress.......................... 566
            478.      Utilization of services of General 
                          Accounting Office................. 567
            479.      Coordination of activities with 
                          National Science Foundation....... 568
            481.      Authorization of appropriations; 
                          availability of appropriations.... 570

                  Chapter 16.--Congressional Standards and Conduct

            502.      Select Committee on Standards and 
                          Conduct of the Senate............. 571

                      Chapter 17.--Congressional Budget Office

            601.      Establishment......................... 572
            602.      Duties and functions.................. 573
            603.      Public access to budget data.......... 574
            605.      Sale or lease of property, supplies, 
                          or services....................... 576
            606.      Disposition of surplus or obsolete 
                          personal property................. 577
            607.      Lump-sum payments to separated 
                          employees for unused annual leave. 578

[[Page 210]]

            608.      Lump-sum payments to enhance staff 
                          recruitment and to reward 
                          exceptional performance........... 579

              Chapter 17A.--Congressional Budget and Fiscal Operations

            621.      Congressional declaration of purpose.. 580
            622.      Definitions........................... 581
            623.      Continuing study of additional budget 
                          reform proposals.................. 582

                     subchapter i.--congressional budget process

            631.      Timetable............................. 583
            632.      Annual adoption of concurrent 
                          resolution on the budget.......... 584
            633.      Committee allocations................. 585
            634.      Adoption of first concurrent 
                          resolution on budget prior to 
                          consideration of legislation 
                          providing new budget authority.... 586
            635.      Permissible revisions of concurrent 
                          resolutions on the budget......... 587
            636.      Consideration of concurrent 
                          resolutions on budget............. 588
            637.      Legislation dealing with Congressional 
                          budget must be handled by Budget 
                          Committees........................ 589
            638.      House committee action on all 
                          appropriation bills to be 
                          completed by June 10.............. 590
            639.      Reports, summaries, and projections of 
                          Congressional budget actions...... 591
            640.      House approval of regular 
                          appropriation bills............... 592
            641.      Reconciliation........................ 593
            642.      Budget-related legislation must be 
                          within appropriate levels......... 594
            643.      Determinations and points of order.... 595
            644.      Extraneous matter in reconciliation 
                          legislation....................... 596
            645.      Adjustments........................... 597
            645a.     Effect of adoption of a special order 
                          of business in the House of 
                          Representatives................... 598

                          subchapter ii.--fiscal procedures

                             Part A.--General Provisions

            651.      Budget-related legislation not subject 
                          to appropriations................. 599
            653.      Analysis by Congressional Budget 
                          Office............................ 601
            654.      Study by General Accounting Office of 
                          forms of Federal financial 
                          commitment not reviewed annually 
                          by Congress....................... 602
            655.      Off-budget agencies, programs, and 
                          activities........................ 603
            656.      Member User Group..................... 604

                              Part B.--Federal Mandates

            658.      Definitions........................... 605
            658a.     Exclusions............................ 606
            658b.     Duties of congressional committees.... 607
            658c.     Duties of the Director; statements on 
                          bills and joint resolutions other 
                          than appropriations bills and 
                          joint resolutions................. 608

[[Page 211]]

            658d.     Legislation subject to point of order. 609
            658e.     Provisions relating to the House of 
                          Representatives................... 610
            658f.     Requests to the Congressional Budget 
                          Office from Senators.............. 611
            658g.     Clarification of application.......... 612

                           subchapter iii.--credit reform

            661.      Purposes.............................. 613
            661a.     Definitions........................... 614
            661b.     OMB and CBO analysis, coordination, 
                          and review........................ 615
            661c.     Budgetary treatment................... 616
            661d.     Authorizations........................ 617
            661e.     Treatment of deposit insurance and 
                          agencies and other insurance 
                          programs.......................... 618
            661f.     Effect on other laws.................. 619

                Chapter 17B.--Impoundment Control and Line Item Veto

            681.      Disclaimer............................ 626
            682.      Definitions........................... 627
            683.      Rescission of budget authority........ 628
            684.      Proposed deferrals of budget authority 629
            685.      Transmission of messages; publication. 630
            686.      Reports by Comptroller General........ 631
            687.      Suits by Comptroller General.......... 632
            688.      Procedure in House of Representatives 
                          and Senate........................ 633
            691.      Line item veto authority.............. 637
            691a.     Special messages...................... 638
            691b.     Cancellation effective unless 
                          disapproved....................... 639
            691c.     Deficit reduction..................... 640
            691d.     Expedited congressional consideration 
                          of disapproval bills.............. 641
            691e.     Definitions........................... 642
            691f.     Identification of limited tax benefits 643
            692.      Judicial review....................... 644

             Chapter 20.--Emergency Powers to Eliminate Budget Deficits

            subchapter i.--elimination of deficits in excess of maximum 
                                   deficit amount

            900.      Statement of budget enforcement 
                          through sequestration............. 645
            901       Enforcing discretionary spending 
                          limits............................ 646
            902.      Enforcing pay-as-you-go............... 648
            903.      Enforcing deficit targets............. 649
            904.      Reports and orders.................... 650
            905.      Exempt programs and activities........ 651
            906.      General and special sequestration 
                          rules............................. 652
            907.      The baseline.......................... 653
            907a.     Suspension in the event of war or low 
                          growth............................ 654
            907b.     Modification of Presidential order.... 655
            907c.     Flexibility among defense programs, 
                          projects, and activities.......... 656
            907d.     Special reconciliation process........ 657

[[Page 212]]

                         subchapter ii.--operational review

            922.      Judicial review....................... 660

               Chapter 22.--John C. Stennis Center for Public Service 
                              Training and Development

            1101.     Congressional findings................ 661
            1102.     Definitions........................... 662
            1103.     Establishment of the John C. Stennis 
                          Center for Public Service Training 
                          and Development................... 663
            1104.     Purposes and authority of the Center.. 664
            1105.     John C. Stennis Center for Public 
                          Service Development Trust Fund.... 665
            1106.     Expenditures and audit of Trust Fund.. 666
            1107.     Executive Director of Center.......... 667
            1108.     Administrative provisions............. 668
            1109.     Authorization for appropriations...... 669
            1110.     Appropriations........................ 670

                      Chapter 24.--Congressional Accountability

                               subchapter i.--general

            1301.     Definitions........................... 671
            1302.     Application of laws................... 672

                 subchapter ii.--extension of rights and protections

               Part A.--Employment Discrimination, Family and Medical 
            Leave, Fair Labor Standards, Employee Polygraph Protection, 
                  Worker Adjustment and Retraining, Employment and 
                     Reemployment of Veterans, and Intimidation

            1311.     Rights and protections under Title VII 
                          of the Civil Rights Act of 1964, 
                          the Age Discrimination in 
                          Employment Act of 1967, the 
                          Rehabilitation Act of 1973, and 
                          Title I of the Americans with 
                          Disabilities Act of 1990.......... 673
            1312.     Rights and protections under the 
                          Family and Medical Leave Act of 
                          1993.............................. 674
            1313.     Rights and protections under the Fair 
                          Labor Standards Act of 1938....... 675
            1314.     Rights and protections under the 
                          Employee Polygraph Protection Act 
                          of 1988........................... 676
            1315.     Rights and protections under the 
                          Worker Adjustment and Retraining 
                          Notification Act.................. 677
            1316.     Rights and protections relating to 
                          veterans' employment and 
                          reemployment...................... 678
            1316a.    Legislative branch appointments....... 679
            1317.     Prohibition of intimidation or 
                          reprisal.......................... 680

               Part B.--Public Services and Accommodations Under the 
                       Americans With Disabilities Act of 1990

            1331.     Rights and protections under the 
                          Americans with Disabilities Act of 
                          1990 relating to public services 
                          and accommodations; procedures for 
                          remedy of violations.............. 681

[[Page 213]]

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

            1341.     Rights and protections under the 
                          Occupational Safety and Health Act 
                          of 1970; procedures for remedy of 
                          violations........................ 682

                         Part D.--Labor-Management Relations

            1351.     Application of chapter 71 of Title 5, 
                          United States Code, relating to 
                          Federal service labor-management 
                          relations; procedures for remedy 
                          of violations..................... 683

                                  Part E.--General

            1361.     Generally applicable remedies and 
                          limitations....................... 684

                                   Part F.--Study

            1371.     Study and recommendations regarding 
                          General Accounting Office, 
                          Government Printing Office, and 
                          Library of Congress............... 685

                        subchapter iii.--office of compliance

            1381.     Establishment of Office of Compliance. 686
            1382.     Officers, staff, and other personnel.. 687
            1383.     Procedural rules...................... 688
            1384.     Substantive regulations............... 689
            1385.     Expenses.............................. 690

                subchapter iv.--administrative and judicial dispute-
                                resolution procedures

            1401.     Procedure for consideration of alleged 
                          violations........................ 691
            1402.     Counseling............................ 692
            1403.     Mediation............................. 693
            1404.     Election of proceeding................ 694
            1405.     Complaint and hearing................. 695
            1406.     Appeal to the Board................... 696
            1407.     Judicial review of Board decisions and 
                          enforcement....................... 697
            1408.     Civil action.......................... 698
            1409.     Judicial review of regulations........ 699
            1410.     Other judicial review prohibited...... 700
            1411.     Effect of failure to issue regulations 701
            1412.     Expedited review of certain appeals... 702
            1413.     Privileges and immunities............. 703
            1414.     Settlement of complaints.............. 704
            1415.     Payments.............................. 705
            1416.     Confidentiality....................... 706

                       subchapter v.--miscellaneous provisions

            1431.     Exercise of rulemaking powers......... 707
            1432.     Political affiliation and place of 
                          residence......................... 708
            1433.     Nondiscrimination rules of the House 
                          and Senate........................ 709
            1434.     Judicial branch coverage study........ 710
            1435.     Savings provisions.................... 711

[[Page 214]]

            1437.     Sense of Senate regarding adoption of 
                          simplified and streamlined 
                          acquisition procedures for Senate 
                          acquisitions...................... 713
            1438.     Severability.......................... 714

                        Chapter 25.--Unfunded Mandates Reform

            1501.     Purposes.............................. 715
            1502.     Definitions........................... 716
            1503.     Exclusions............................ 717
            1504.     Agency assistance..................... 718

                subchapter i.--legislative accountability and reform

            1511.     Cost of regulations................... 719
            1512.     Consideration for Federal funding..... 720
            1513.     Impact on local governments........... 721
            1514.     Enforcement in the House of 
                          Representatives................... 722
            1515.     Exercise of rulemaking powers......... 723
            1516.     Authorization of appropriations....... 724

                subchapter ii.--regulatory accountability and reform

            1531.     Regulatory process.................... 725
            1532.     Statements to accompany significant 
                          regulatory actions................ 726
            1533.     Small government agency plan.......... 727
            1534.     State, local, and tribal government 
                          input............................. 728
            1535.     Least burdensome option or explanation 
                          required.......................... 729
            1536.     Assistance to the Congressional Budget 
                          Office............................ 730
            1537.     Pilot program on small government 
                          flexibility....................... 731
            1538.     Annual statements to Congress on 
                          agency compliance................. 732

                     subchapter iii.--review of federal mandates

            1551.     Baseline study of costs and benefits.. 735
            1552.     Report on Federal mandates by Advisory 
                          Commission on Intergovernmental 
                          Relations......................... 736
            1553.     Special authorities of Advisory 
                          Commission........................ 737
            1554.     Annual report to Congress regarding 
                          Federal court rulings............. 738
            1555.     Definition............................ 739
            1556.     Authorization of appropriations....... 740

                           subchapter iv.--judicial review

            1571.     Judicial review....................... 741

                   Chapter 26.--Disclosure of Lobbying Activities

            1601.     Findings.............................. 742
            1602.     Definitions........................... 743
            1603.     Registration of lobbyists............. 744
            1604.     Reports by registered lobbyists....... 745
            1605.     Disclosure and enforcement............ 746
            1606.     Penalties............................. 747
            1607.     Rules of construction................. 748
            1608.     Severability.......................... 749

[[Page 215]]

            1609.     Identification of clients and covered 
                          officials......................... 750
            1610.     Estimates based on tax reporting 
                          system............................ 751
            1611.     Exempt organizations.................. 752
            1612.     Sense of the Senate that lobbying 
                          expenses should remain 
                          nondeductible..................... 753

                        Chapter 26.--Architect of the Capitol

                               subchapter i.--general

            1801.     Appointment of Architect of the 
                          Capitol........................... 755
            1802.     Compensation of Architect of Capitol.. 756
            1803.     Delegation of authority by Architect 
                          of Capitol........................ 757
            1804.     Assistant Architect of Capitol to act 
                          in case of absence, disability, or 
                          vacancy........................... 758

                          subchapter ii.--powers and duties

            1811.     Architect of the Capitol; powers and 
                          duties............................ 759
            1812.     Care and superintendence of Capitol by 
                          Architect of Capitol.............. 760
            1813.     Exterior of Capitol; duty of Architect 761
            1814.     Architect of Capitol; repairs of 
                          Capitol........................... 762

                             subchapter iii.--personnel

                                  Part A.--General

            1831.     Architect of the Capitol human 
                          resources program................. 763
            1832.     Assignment and reassignment of 
                          personnel by Architect of the 
                          Capitol for personnel services.... 764
            1834.     Heating and ventilating Senate wing... 765

                                Part B.--Compensation

            1841.     Single per annum gross rates of pay... 766
            1846.     Exemptions............................ 767
            1847.     Authorization to tax basic rate of 
                          compensation for certain positions 768
            1848.     Compensation of certain positions in 
                          Office of Architect of Capitol.... 769
            1849.     Compensation of certain positions 
                          under jurisdiction of Architect of 
                          Capitol........................... 770
            1850.     Registered nurses compensated under 
                          appropriations for Capitol 
                          complex; allocation to General 
                          Schedule Salary grade............. 771

                   subchapter iv.--appropriations and expenditures

            1861.     Appropriations under control of 
                          Architect of Capitol.............. 772
            1862.     Transfer of funds by Architect of 
                          Capitol........................... 773
            1865.     Capitol Police Buildings and Grounds 
                          fund.............................. 774
            1866.     Certification of vouchers by Architect 
                          of Capitol........................ 775
            1868.     Semiannual report of expenditures by 
                          Architect of Capitol.............. 776

[[Page 216]]

                             Chapter 29.--Capitol Police

                   subchapter i.--organization and administrative

                                  Part A.--General

            1901.     Capitol Police; appointment; Chief of 
                          Capitol Police.................... 777

                  Part B.--Compensation and Other Personnel Matters

            1921.     Payment of Capitol Police............. 778
            1922.     Unified payroll administration for 
                          Capitol Police.................... 779
            1925.     Emergency duty overtime pay for 
                          Capitol Police from funds 
                          disbursed by Secretary of the 
                          Senate; compensatory time off in 
                          place of additional pay; election, 
                          accrural and transfer of time off; 
                          rules and regulations............. 780
            1928.     Suspension of Capitol Police members.. 781
            1929.     Pay of Capitol Police members under 
                          suspension........................ 782

                             Part C.--Uniforms and Arms

            1941.     Capitol Police uniform; belts and arms 783
            1943.     Expense for Capitol Police uniforms... 784
            1944.     Capitol Police wearing uniform on duty 785

                          subchapter ii.--powers and duties

            1961.     Policing of Capitol buildings and 
                          grounds; powers of Capitol Police; 
                          arrests by Capitol Police for 
                          crimes of violence; arrests by 
                          District of Columbia Police....... 786
            1962.     Police detailed to Capitol grounds and 
                          Library of Congress grounds....... 787
            1963.     Protection of grounds................. 788
            1966.     Protection of Members of Congress, 
                          officers of Congress, and members 
                          of their families................. 789
            1967.     Law emforcement authority of Capitol 
                          Police oversight.................. 790
            1969.     Regulation of traffic by Capitol 
                          Police Board...................... 791

              Chapter 30.--Operation and Maintenance of Capitol Complex

                               subchapter ii.--senate

            2021.     Additional Senate office building..... 792
            2023.     Control, care, and supervision of 
                          Senate office building............ 793
            2024.     Assignment of space in Senate office 
                          building.......................... 794
            2025.     Senate garage; control, supervision, 
                          servicing of official motor 
                          vehicles.......................... 795

                            subchapter iii.--restaurants

            2042.     Senate Restaurants; management by 
                          Architect of Capitol.............. 796
            2043.     Authorization and direction to 
                          effectuate purposes of sections 
                          2042 to 2047 of this title........ 797
            2044.     Special deposit account; 
                          establishment; appropriations; 
                          approval of payments.............. 798

[[Page 217]]

            2045.     Deposits and disbursements under 
                          special deposit account........... 799
            2046.     Bond of Architect, Assistant 
                          Architect, and other employees.... 800
            2047.     Supersedure of prior provisions for 
                          maintenance and operation of 
                          Senate Restaurants................ 801
            2048.     Management personnel and miscellaneous 
                          expenses; availability of 
                          appropriations; annual and sick 
                          leave............................. 802
            2049.     Loans for Senate Restaurants.......... 803

                             subchapter iv.--child care

            2061.     Designation of Capitol Grounds as play 
                          area for children of members and 
                          employees of Senate or House of 
                          Representatives................... 804
            2063.     Senate Employee Child Care Center..... 805
            2064.     Child care center employee benefits... 806
            2065.     Reimbursement of Senate day care 
                          center employees.................. 807

                subchapter v.--historical preservation and fine arts

                   Part A.--United States Preservation Commission

            2081.     United States Capitol Preservation 
                          Commission........................ 808
            2082.     Authority of Commission to accept 
                          gifts and conduct other 
                          transactions relating to works of 
                          fine art and other property....... 809
            2083.     Capitol Preservation Fund............. 810
            2084.     Audits by the Comptroller General..... 811
            2085.     Advisory boards....................... 812
            2086.     ``Members of the House of 
                          Representatives'' defined......... 813

                          Part B.--Senate Commission on Art

            2101.     Senate Commission on Art.............. 814
            2102.     Duties of Commission.................. 815
            2103.     Supervision and maintenance of Old 
                          Senate Chamber.................... 816
            2104.     Publication of lists of works of art, 
                          historical objects, and exhibits.. 818
            2105.     Authorization of appropriations....... 818
            2106.     Additional authority for Senate 
                          Commission on Art to acquire works 
                          of art, historical objects, 
                          documents, or exhibits............ 819
            2107.     Conservation, restoration, 
                          replication, or replacement of 
                          items in United States Senate 
                          collection........................ 820

                               Part D.--Miscellaneous

            2131.     National Statuary Hall................ 821
            2133.     Works of fine arts.................... 822
            2134.     Art exhibits.......................... 823
            2135.     Private studios and works of art...... 824

[[Page 218]]

                subchapter vi.--botanical garden and national garden

            2141.     Supervision of Botanical Garden....... 825
            2142.     Superintendent, etc., of Botanical 
                          Garden and greenhouses............ 826
            2145.     Restriction on use of appropriation 
                          for Botanical Garden.............. 827

                    subchapter vii.--other entities and services

            2161.     John W. McCormack Residential Page 
                          School............................ 828
            2163.     Capitol Grounds shuttle service; 
                          purchase, etc., of vehicles....... 829
            2165.     Capitol educational and information 
                          center and information and 
                          distribution stations, operations 
                          agreements........................ 830
            2166.     Capitol Guide service................. 831

                           subchapter viii.--miscellaneous

            2181.     Assignment of space for meetings of 
                          joint committees, conference 
                          committees, etc................... 832
            2183.     Protection of buildings and property.. 833
            2184.     Purchase of furniture or carpets for 
                          House or Senate................... 834

                               TITLE 3.--THE PRESIDENT

                  Chapter 1.--Presidential Elections and Vacancies

            1.        Time of appointing electors........... 850
            2.        Failure to make choice on prescribed 
                          day............................... 851
            3.        Number of electors.................... 852
            4.        Vacancies in electoral college........ 853
            5.        Determination of controversy as to 
                          appointment of electors........... 854
            6.        Credentials of electors; transmission 
                          to Archivist of the United States 
                          and to Congress; public inspection 855
            7.        Meeting and vote of electors.......... 856
            8.        Manner of voting...................... 857
            9.        Certificates of votes for President 
                          and Vice President................ 858
            10.       Sealing and endorsing certificates.... 859
            11.       Disposition of certificates........... 860
            12.       Failure of certificates of electors to 
                          reach President of Senate or 
                          Archivist of the United States; 
                          demand on State for certificate... 861
            13.       Same; demand on district judge for 
                          certificate....................... 862
            14.       Forfeiture for messenger's neglect of 
                          duty.............................. 863
            15.       Counting electoral votes in Congress.. 864
            16.       Same; seats for officers and Members 
                          of two Houses in joint meeting.... 865
            17.       Same; limit of debate in each House... 866
            18.       Same; parliamentary procedure at joint 
                          meeting........................... 867
            19.       Vacancy in offices of both President 
                          and Vice President; officers 
                          eligible to act................... 868

[[Page 219]]

            20.       Resignation or refusal of office...... 869
            21.       Definitions........................... 870

                  Chapter 2.--Office and Compensation of President

            101.      Commencement of term of office........ 871
            104.      Salary of the Vice President.......... 872
            111.      Expense allowance of Vice President... 873

             TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

                               Chapter 4.--The States

            113.      Residence of Members of Congress for 
                          State income tax laws............. 875

                   TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES

                Chapter 8.--Congressional Review of Agency Rulemaking

            801.      Congressional review.................. 880
            802.      Congressional disapproval procedure... 881
            803.      Special rule on statutory, regulatory, 
                          and judicial deadlines............ 882
            804.      Definitions........................... 883
            805.      Judicial review....................... 884
            806.      Applicability; severability........... 885
            807.      Exemption for monetary policy......... 886
            808.      Effective date of certain rules....... 887

                Chapter 29.--Commissions, Oaths, Records, and Reports

                   subchapter i.--commissions, oaths, and records

            2905.     Oath; renewal......................... 890

                               subchapter ii.--reports

            2954.     Information to committees of Congress 
                          on request........................ 891

                        Chapter 31.--Authority For Employment

            3110.     Employment of relatives; restrictions. 892

                 Chapter 33.--Examination, Selection, and Placement

                           subchapter ii.--oath of office

            3333.     Employee affidavit; loyalty and 
                          striking against the Government... 893

                           Chapter 55.--Pay Administration

                          subchapter i.--general provisions

            5503.     Recess appointments................... 894

                    subchapter iv.--dual pay and dual employment

            5531.     Definitions........................... 895
            5533.     Dual pay from more than one position; 
                          limitations; exceptions........... 897

                Chapter 57.--Travel, Transportation, and Subsistence

            5702.     Per diem; employees traveling on 
                          official business................. 898

[[Page 220]]

            5704.     Mileage and related allowances........ 899
            5706.     Allowable travel expenses............. 900
            5708.     Effect on other statutes.............. 901
            5742.     Transportation of remains, dependents, 
                          and effects; death occurring away 
                          from official station or abroad... 902

                   Chapter 73.--Suitability, Security, and Conduct

                       subchapter ii.--employment limitations

            7311.     Loyalty and striking.................. 903

                    subchapter iv.--foreign gifts and decorations

            7342.     Receipt and disposition of foreign 
                          gifts and decorations............. 904
                      Chapter 81.--Compensation For Work 
                          Injuries.......................... 905

                       (Not included. See 5 U.S.C. 8101-8152.)

                      Chapters 83 and 84.--Retirement....... 906

                 (Not included. See 5 U.S.C. 8331-8351; 8401-8479.)

                      Chapter 87.--Life Insurance........... 907

                       (Not included. See 5 U.S.C. 8701-8716.)

                      Chapter 89.--Health Insurance......... 908

                       (Not included. See 5 U.S.C. 8901-8914.)

                                     Appendix 2

                      Federal Advisory Committee Act........ 909

              (Appears in Title 5, United States Code, as appendix 2.)

                                     Appendix 4

               Financial Disclosure Requirements of Federal Personnel

            101.      Persons required to file.............. 910
            102.      Contents of reports................... 911
            103.      Filing of reports..................... 912
            104.      Failure to file or filing false 
                          reports........................... 913
            105.      Custody of and public access to 
                          reports........................... 914
            106.      Review of reports..................... 915
            107.      Confidential reports and other 
                          additional requirements........... 916
            108.      Authority of Comptroller General...... 917
            109.      Definitions........................... 918
            110.      Notice of actions taken to comply with 
                          ethics agreements................. 919
            111.      Administration of provisions.......... 920

              Governmentwide Limitations on Outside Earned Income and 
                                     Employment

            501.      Outside earned income limitation...... 922
            502.      Limitations on outside employment..... 923

[[Page 221]]

            503.      Administration........................ 924
            504.      Civil penalties....................... 925
            505.      Definitions........................... 926

                               TITLE 10.--ARMED FORCES

                          Chapter 2.--Department of Defense

            114.      Annual authorization of appropriations 930
            115.      Personnel strengths: requirement for 
                          annual authorization.............. 931
            115a.     Annual manpower requirements report... 932
            116.      Annual operations and maintenance 
                          report............................ 933
            119.      Special access programs: congressional 
                          oversight......................... 934

                         Chapter 9.--Defense Budget Matters

            221.      Future-years defense program: 
                          submission to Congress; 
                          consistency in budgeting.......... 935
            222.      Future-years mission budget........... 936
            226.      Scoring of outlays.................... 937

                    Chapter 403.--United States Military Academy

            4342.     Cadets: appointment; numbers, 
                          territorial distribution.......... 938
            4355.     Board of Visitors..................... 939

               Chapter 443.--Disposal of Obsolete or Surplus Material

            4689      Transfer of material and equipment to 
                          Architect......................... 940

                      Chapter 603.--United States Naval Academy

            6954.     Midshipmen: number.................... 941
            6956.     Midshipmen: nomination and selection 
                          to fill vacancies................. 942
            6968.      Board of Visitors.................... 943

                    Chapter 903.--United States Air Force Academy

            9342.     Cadets: appointment; numbers, 
                          territorial distribution.......... 944
            9355.     Board of Visitors..................... 945

              Chapter 1013.--Budget Information and Annual Reports to 
                                      Congress

            10541.    National Guard and reserve component 
                          equipment; annual report to 
                          Congress.......................... 946

                            TITLE 12.--BANKS AND BANKING

                         Chapter 3.--Federal Reserve System

            303.      Qualifications and disabilities [of 
                          members of Board of Governors of 
                          Federal Reserve System]........... 950

                               TITLE 14.--COAST GUARD

                           Chapter 9.--Coast Guard Academy

            194.      Annual Board of Visitors.............. 951


[[Page 222]]



                            TITLE 15.--COMMERCE AND TRADE

                     Chapter 21.--National Policy on Employment

            1022.     Economic Report of the President; 
                          coverage; supplementary reports; 
                          reference to congressional joint 
                          committee; percentage rate of 
                          employment; definitions........... 955
            1024.     Joint Economic Committee.............. 956
            1025.     Same; printing of monthly publication 
                          entitled ``Economic Indicators''; 
                          distribution...................... 957

                      TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

               Chapter 11.--Bribery, Graft, and Conflicts of Interest

            201.      Bribery of public officials and 
                          witnesses......................... 960
            202.      Definitions........................... 961
            203.      Compensation to Members of Congress, 
                          officers, and others in matters 
                          affecting the Government.......... 962
            204.      Practice in U.S. Claims Court or U.S. 
                          Court of Appeals for the Federal 
                          Circuit........................... 963
            205.      Activities of officers and employees 
                          in claims against and other 
                          matters affecting the Government.. 964
            207.      Restrictions on former officers, 
                          employees, and elected officials 
                          of the executive and legislative 
                          branches.......................... 965
            210.      Offer to procure appointive public 
                          office............................ 966
            211.      Acceptance or solicitation to obtain 
                          appointive public office.......... 967
            219.      Officers and employees acting as 
                          agents of foreign principals...... 968

               Chapter 18.--Congressional, Cabinet, and Supreme Court 
                       Assassination, Kidnapping, and Assault

            351.      Congressional, cabinet, and supreme 
                          court assassination, kidnapping, 
                          and assault; penalties............ 969

                               Chapter 23.--Contracts

            431.      Contracts by Members of Congress...... 970
            432.      Officer or employee contracting with 
                          Member of Congress................ 971
            433.      Exemptions with respect to certain 
                          contracts......................... 972

                   Chapter 29.--Elections and Political Activities

            594.      Intimidation of voters................ 974
            595.      Interference by administrative 
                          employees of Federal, State, or 
                          Territorial Governments........... 975
            597.      Expenditures to influence voting...... 976
            598.      Coercion by means of relief 
                          appropriations.................... 977
            599.      Promise of appointment by candidate... 978
            600.      Promise of employment or other benefit 
                          for political activity............ 979
            601.      Deprivation of employment or other 
                          benefit for political contribution 980

[[Page 223]]

            602.      Solicitation of political 
                          contributions..................... 981
            603.      Making political contributions........ 982
            604.      Solicitation from persons on relief... 983
            605.      Disclosure of names of persons on 
                          relief............................ 984
            606.      Intimidation to secure political 
                          contributions..................... 985
            607.      Place of solicitation................. 986

                      Chapter 35.--Emblems, Insignia and Names

            713.      Uses of likenesses of the great seal 
                          of the United States, the seals of 
                          the President and Vice President, 
                          and the seals of the United States 
                          Senate, House of Representatives, 
                          and Congress...................... 987

                        Chapter 37.--Espionage and Censorship

            798.      Disclosure of classified information.. 988

                         Chapter 73.--Obstruction of Justice

            1505.     Obstruction of proceedings before 
                          departments, agencies, and 
                          committees........................ 989

                             Chapter 83.--Postal Service

            1719.     Franking privilege.................... 990

                     Chapter 93.--Public Officers and Employees

            1906.     Disclosure of information from a bank 
                          examination report................ 991
            1913.     Lobbying with appropriated moneys..... 992
            1918.     Disloyalty and asserting the right to 
                          strike against the Government..... 993

                           Part V.--Immunity of Witnesses

            6001.     Definitions........................... 994
            6002.     Immunity generally.................... 995
            6005.     Congressional proceedings............. 996

                              TITLE 19.--CUSTOMS DUTIES

                           Chapter 12.--Trade Act of 1974

                   subchapter i.--negotiating and other authority

                 Part 5.--Congressional Procedures With Respect to 
                                Presidential Actions

            2191.     Bills implementing trade agreements on 
                          nontariff barriers and resolutions 
                          approving commercial agreements 
                          with Communist countries.......... 1000
            2192.     Resolutions disapproving certain 
                          actions........................... 1001
            2193.     Resolutions relating to extension of 
                          waiver authority under section 402 
                          of the Trade Act of 1974.......... 1002
            2194.     Special rules relating to 
                          Congressional procedures.......... 1003

                     Part 6.--Congressional Liaison and Reports

            2211.     Congressional advisers for trade 
                          policy and negotiations........... 1004

[[Page 224]]

            2212.     Transmission of agreements to Congress 1005
            2213.     Reports............................... 1006

               Part 8.--Identification of Market Barriers and Certain 
                                Unfair Trade Actions

            2241.     Estimates of barriers to market access 1007

                     Chapter 22.--Uruguay Round Trade Agreements

            3534.     Annual report on the WTO.............. 1008
            3535.     Review of participation in the WTO.... 1009

                  Chapter 24.--Bipartisan Trade Promotion Authority

            3803      Trade agreements authority............ 1010
            3804      Consultations and assessment.......... 1011
            3805      Implementation of trade agreements.... 1012
            3806      Treatment of certain trade agreements 
                          for which negotiations have 
                          already begun..................... 1013
            3807      Congressional oversight group......... 1014
            3808      Additional implementation and 
                          enforcement requirements.......... 1015
            3811      Report on impact of trade promotion 
                          authority......................... 1016

                                TITLE 20.--EDUCATION

                         Chapter 3.--Smithsonian Institution

            42.       Board of Regents; Members............. 1020
            43.       Appointment of regents; terms of 
                          office; vacancies................. 1021

                    TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE

                 Chapter 7.--International Bureaus, Congresses, Etc.

            276c-1.   Reports of expenditures by members of 
                          American groups or delegations and 
                          employees; consolidated reports by 
                          Congressional Committees; public 
                          inspection........................ 1025
            276d.     Canada-United States 
                          Interparliamentary Group.......... 1026
            276e.     Authorizations of appropriations; 
                          disbursements..................... 1027
            276h.     Mexico-United States 
                          Interparliamentary Group.......... 1028
            276i      Authorization of appropriations; 
                          disbursements..................... 1029
            276l.     British-American Interparliamentary 
                          Group............................. 1030
            276m.     United States Delegation to the 
                          Parliamentary Assembly of the 
                          Conference on Security and 
                          Cooperation in Europe (CSCE)...... 1031

                        Chapter 24.--Mutual Security Program

            1754.     Foreign currencies; availability to 
                          Members and employees of Congress; 
                          authorization requirements; 
                          reports........................... 1032
            1928a.    North Atlantic Treaty Parliamentary 
                          Conference; participation; 
                          appointment of United States Group 1033
            1928b.    Authorization of appropriations....... 1034


[[Page 225]]



                          TITLE 26.--INTERNAL REVENUE CODE

                              Subtitle A.--Income Taxes

                        Chapter 1.--Normal Taxes and Surtaxes

                    subchapter b.--computation of taxable income

                Part II.--Items Specifically Included in Gross Income

            84.       Transfer of appreciated property to 
                          political organization............ 1035

                 Part VI.--Itemized Deductions for Individuals and 
                                    Corporations

            162.      Trade or business expenses............ 1036

                         subchapter f.--exempt organizations

                          Part VI.--Political Organizations

            527.      Political organizations............... 1037

             subchapter n.--tax based on income from sources within or 
                              without the united states

                Part II.--Nonresident Aliens and Foreign Corporations

                        subpart d.--miscellaneous provisions

            896.      Adjustment of tax on nationals, 
                          residents, and corporations of 
                          certain foreign countries......... 1038

                       subchapter p.--capital gains and losses

             Part III.--General Rules for Determining Capital Gains and 
                                       Losses

            1221.     Capital asset defined................. 1039

                      Subtitle F.--Procedure and Administration

                        Chapter 61.--Information and Returns

                         subchapter a.--returns and records

            6033      Return by exempt organizations........ 1040

                       subchapter b.--miscellaneous provisions

            6103.     Confidentiality and disclosure of 
                          returns and return information.... 1041
            6104.     Publicity of information required from 
                          certain exempt organizations and 
                          certain trusts.................... 1042

            Chapter 78.--Discovery of Liability and Enforcement of Title

                      subchapter a.--examination and inspection

            7608.     Authority of internal revenue 
                          enforcement officers.............. 1043

                              Chapter 79.--Definitions

            7701.     Definitions........................... 1044

                             Chapter 80.--General Rules

                 subchapter a.--application of internal revenue laws

            7802.     Internal Revenue Service Oversight 
                          Board............................. 1045
            7803.     Commissioner of Internal Revenue; 
                          other officials................... 1046
            7805.     Rules and regulations................. 1047

[[Page 226]]

                    Subtitle G.--The Joint Committee on Taxation

               Chapter 91.--Organization and Membership of the Joint 
                                      Committee

            8001.     Authorization......................... 1048
            8002.     Membership............................ 1049
            8003.     Election of chairman and vice chairman 1050
            8004.     Appointment and compensation of staff. 1051
            8005.     Payment of expenses................... 1052

                Chapter 92.--Powers and Duties of the Joint Committee

            8021.     Powers................................ 1053
            8022.     Duties................................ 1054
            8023.     Additional powers to obtain data...... 1055

              Subtitle H.--Financing of Presidential Election Campaigns

                  Chapter 95.--Presidential Election Campaign Fund

            9009.     Reports to Congress; regulations...... 1056

             Chapter 96.--Presidential Primary Matching Payment Account

            9039.     Reports to Congress; regulations...... 1057

                            Subtitle I.--Trust Fund Code

                            Chapter 98.--Trust Fund Code

                          subchapter b.--general provisions

            9602.     Management of trust funds............. 1058

                     TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                          Chapter 39.--Independent Counsel

                        (Note: Chapter expired June 30, 1999)

            596.      Removal of an independent counsel; 
                          termination of office............. 1060

                     Chapter 85.--District Courts; Jurisdiction

            1365.     Senate actions........................ 1061

                 Chapter 91.--United States Court of Federal Claims

            1492.     Congressional reference cases......... 1062

                         Chapter 115.--Evidence; Documentary

            1736.     Congressional Journals................ 1063

                Chapter 165.--United States Court of Federal Claims 
                                      Procedure

            2509.     Congressional reference cases......... 1065

                            TITLE 31.--MONEY AND FINANCE

                        Chapter 7.--General Accounting Office

            701.      Definitions........................... 1070
            712.      Investigating the use of public money. 1071

[[Page 227]]

            717.      Evaluating programs and activities of 
                          the United States Government...... 1072
            718.      Availability of draft reports......... 1073
            719.      Comptroller General reports........... 1074
            720.      Agency reports........................ 1075
            734.      Assignments and details to Congress... 1076

              Chapter 11.--The Budget and Fiscal, Budget, and Program 
                                     Information

            1101.     Definitions........................... 1077
            1102.     Fiscal year........................... 1078
            1103.     Budget ceiling........................ 1079
            1104.     Budget and appropriations authority of 
                          the President..................... 1080
            1105.     Budget contents and submission to 
                          Congress.......................... 1081
            1106.     Supplemental budget estimates and 
                          changes........................... 1082
            1107.     Deficiency and supplemental 
                          appropriations.................... 1083
            1108.     Preparation and submission of 
                          appropriations requests to the 
                          President......................... 1084
            1109.     Current programs and activities 
                          estimates......................... 1085
            1110.     Year-ahead requests for authorizing 
                          legislation....................... 1086
            1111.     Improving economy and efficiency...... 1087
            1112.     Fiscal, budget, and program 
                          information....................... 1088
            1113.     Congressional information............. 1089

                 Chapter 33.--Depositing, Keeping, and Paying Money

                               subchapter 2.--payments

            3332.     Required direct deposit............... 1091

                              TITLE 39.--POSTAL SERVICE

                                Part IV.--Mail Matter

                        Chapter 32.--Penalty and Franked Mail

            3201.     Definitions........................... 1095
            3210.     Franked mail transmitted by the Vice 
                          President, Members of Congress, 
                          and congressional officials....... 1096
            3211.     Public documents...................... 1097
            3212.     Congressional Record under frank of 
                          Members of Congress............... 1098
            3213.     Seeds and reports from Department of 
                          Agriculture....................... 1099
            3215.     Lending or permitting use of frank 
                          unlawful.......................... 1100
            3216.     Reimbursement for franked mailings.... 1101
            3218.     Franked mail for survivors of Members 
                          of Congress....................... 1102
            3219.     Mailgrams............................. 1103
            3220.     Use of official mail in the location 
                          and recovery of missing children.. 1104
            ......    Domestic Mail Manual Provisions 
                          Relating to the Congressional 
                          franking privilege................ 1105

[[Page 228]]

                  TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS

                      Subtitle II.--Public Buildings and Works

                           Part B.--United States Capitol

               Chapter 51.--United States Capitol Building and Grounds

            5101.     Definition............................ 1106
            5102.     Legal description and jurisdiction of 
                          United States Capitol grounds..... 1107
            5103.     Restrictions on public use of United 
                          States Capitol grounds............ 1108
            5104.     Unlawful activities................... 1109
            5105.     Assistance to authorities by Capitol 
                          employees......................... 1110
            5106.     Suspension of prohibitions............ 1111
            5107.     Concerts on grounds................... 1112
            5108.     Audit of private organizations........ 1113
            5109.     Penalties............................. 1114

                         Part C.--Federal Building Complexes

              Chapter 65.--Thurgood Marshall Federal Judiciary Building

            6501.     Definition............................ 1115
            6502.     Thurgood Marshall Federal Judiciary 
                          Building.......................... 1116
            6503.     Commission for the judiciary office 
                          buildings......................... 1117
            6504.     Lease of building..................... 1118
            6505.     Structural and mechanical care and 
                          security.......................... 1119
            6506.     Allocation of space................... 1120
            6507.     Account in Treasury................... 1121

             Chapter 89.--National Capital Memorials and Commemorative 
                                        Works

            8901.     Purposes.............................. 1122
            8902.     Definitions and nonapplication........ 1123
            8903.     Congressional authorization of 
                          commemorative works............... 1124
            8904.     National Capital Memorial Commission.. 1125
            8905.     Site and design approval.............. 1126
            8906.     Criteria for issuance of construction 
                          permit............................ 1127
            8907.     Temporary site design................. 1128
            8908      Areas I and II........................ 1129
            8909.     Administrative........................ 1130

                             TITLE 41.--PUBLIC CONTRACTS

                           Chapter 1.--General Provisions

            6a-1.     Architect of the Capitol, exception 
                          from advertisement requirement.... 1131
            6a-2.     Architect of the Capitol, authority 
                          for personal services contracts 
                          with legal entities............... 1132
            22.       Interest of Member of Congress........ 1133

                      TITLE 42.--THE PUBLIC HEALTH AND WELFARE

                Chapter 126.--Equal Opportunity for Individuals with 
                                    Disabilities

            12209.    Instrumentalities of the Congress..... 1135


[[Page 229]]



                      TITLE 44.--PUBLIC PRINTING AND DOCUMENTS

                       Chapter 1.--Joint Committee on Printing

            101.      Joint Committee on Printing: 
                          membership........................ 1139
            102.      Joint Committee on Printing: 
                          succession; powers during recess.. 1140
            103.      Joint Committee on Printing: remedial 
                          powers............................ 1141

                       Chapter 3.--Government Printing Office

            301.      Public Printer: appointment........... 1142
            302.      Deputy Public Printer: appointment; 
                          duties............................ 1143
            303.      Public Printer and Deputy Public 
                          Printer: pay...................... 1144
            304.      Public Printer: vacancy in office..... 1145
            305.      Public Printer: employees; pay........ 1146

               Chapter 5.--Production and Procurement of Printing and 
                                       Binding

            501.      Government printing, binding, and 
                          blank-book work to be done at 
                          Government Printing Office........ 1147
            502.      Procurement of printing, binding, and 
                          blank-book work by Public Printer. 1148
            506.      Time for printing documents or reports 
                          which include illustrations or 
                          maps.............................. 1149
            507.      Orders for printing to be acted upon 
                          within one year................... 1150
            508.      Annual estimates of quantity of paper 
                          required for public printing and 
                          binding........................... 1151

                   Chapter 7.--Congressional Printing and Binding

            701.      ``Usual number'' of documents and 
                          reports; distribution of House and 
                          Senate documents and reports; 
                          binding; reports on private bills; 
                          number of copies printed; 
                          distribution...................... 1152
            702.      Extra copies of documents and reports. 1153
            703.      Printing extra copies................. 1154
            704.      Reprinting bills, laws, and reports 
                          from committees not exceeding 
                          fifty pages....................... 1155
            705.      Duplicate orders to print............. 1156
            706.      Bills and resolutions: number and 
                          distribution...................... 1157
            707.      Bills and resolutions: style and form. 1158
            708.      Bills and resolutions: binding sets 
                          for Congress...................... 1159
            709.      Public and private laws, postal 
                          conventions, and treaties......... 1160
            711.      Printing Acts, joint resolutions, and 
                          treaties.......................... 1161
            713.      Journals of Houses of Congress........ 1162
            714.      Printing documents for Congress in two 
                          or more editions: printing of full 
                          number and allotment of full quota 1163
            715.      Senate and House documents and reports 
                          for Department of State........... 1164
            716.      Printing of documents not provided for 
                          by law............................ 1165
            717.      Appropriation chargeable for printing 
                          of document or report by order of 
                          Congress.......................... 1166

[[Page 230]]

            718.      Lapse of authority to print........... 1167
            719.      Classification and numbering of 
                          publications ordered printed by 
                          Congress; designation of 
                          publications of departments; 
                          printing of committee hearings.... 1168
            720.      Senate and House Manuals.............. 1169
            721.      Congressional Directory............... 1170
            722.      Congressional Directory: sale......... 1171
            723.      Memorial addresses: preparation; 
                          distribution...................... 1172
            724.      Memorial addresses: illustrations..... 1173
            725.      Statement of appropriations; ``usual 
                          number''.......................... 1174
            726.      Printing for committees of Congress... 1175
            727.      Committee reports: indexing and 
                          binding........................... 1176
            728.      United States Statutes at Large: 
                          distribution...................... 1177
            730.      Distribution of documents to Members 
                          of Congress....................... 1178
            731.      Allotments of public documents printed 
                          after expiration of terms of 
                          Members of Congress; rights of 
                          retiring Members to documents..... 1179
            732.      Time for distribution of documents by 
                          Members of Congress extended...... 1180
            733.      Documents and reports ordered by 
                          Members of Congress; franks and 
                          envelopes for Members of Congress. 1181
            734.      Stationery and blank books for 
                          Congress.......................... 1182
            735.      Binding for Senators.................. 1183
            736.      Binding at expense of Members of 
                          Congress.......................... 1184
            737.      Binding for Senate library............ 1185
            738.      Binding of publications for 
                          distribution to libraries......... 1186
            739.      Senate and House document rooms; 
                          superintendents................... 1187
            740.      Senate Service Department and House 
                          Publications Distribution Service; 
                          superintendents................... 1188
            741.      Disposition of documents stored at 
                          Capitol........................... 1189

                          Chapter 9.--Congressional Record

            901.      Congressional Record: arrangement, 
                          style, contents, and indexes...... 1190
            902.      Congressional Record: indexes......... 1191
            903.      Congressional Record: daily and 
                          permanent forms................... 1192
            904.      Congressional Record: maps; diagrams; 
                          illustrations..................... 1193
            905.      Congressional Record: additional 
                          insertions........................ 1194
            906.      Congressional Record: gratuitous 
                          copies; delivery.................. 1195
            907.      Congressional Record: extracts for 
                          Members of Congress; mailing 
                          envelopes......................... 1196
            908.      Congressional Record: payment for 
                          printing extracts or other 
                          documents......................... 1197
            910.      Congressional Record: subscriptions; 
                          sale of current, individual 
                          numbers, and bound sets; postage 
                          rate.............................. 1198

[[Page 231]]

              Chapter 11.--Executive and Judiciary Printing and Binding

            1104.     Restrictions on use of illustrations.. 1199

                    Chapter 13.--Particular Reports and Documents

            1301.     Agriculture, Department of: report of 
                          Secretary......................... 1200
            1326.     Librarian of Congress: reports........ 1201
            1339.     Printing of the President's Message... 1202

               Chapter 17.--Distribution and Sale of Public Documents

            1705.     Printing additional copies for sale to 
                          public; regulations............... 1203
            1706.     Printing and sale of extra copies of 
                          documents......................... 1204
            1710.     Index of documents: number and 
                          distribution...................... 1205
            1715.     Publications for department or officer 
                          or for congressional committees... 1206
            1718.     Distribution of Government 
                          publications to the Library of 
                          Congress.......................... 1207
            1719.     International exchange of Government 
                          publications...................... 1208

                       Chapter 19.--Depository Library Program

            1901.     Definition of Government publication.. 1209
            1902.     Availability of Government 
                          publications through 
                          Superintendent of Documents; lists 
                          of publications not ordered from 
                          Government Printing Office........ 1210
            1903.     Distribution of publications to 
                          depositories; notice to Government 
                          components; cost of printing and 
                          binding........................... 1211
            1904.     Classified list of Government 
                          publications for selection by 
                          depositories...................... 1212
            1905.     Distribution to depositories; 
                          designation of additional 
                          libraries; justification; 
                          authorization for certain 
                          designations...................... 1213
            1906.     Land-grant colleges constituted 
                          depositories...................... 1214
            1909.     Requirements of depository libraries; 
                          reports on conditions; 
                          investigations; termination; 
                          replacement....................... 1215
            1910.     Designations of replacement 
                          depositories; limitations on 
                          numbers; conditions............... 1216
            1912.     Regional depositories; designation; 
                          functions; disposal of 
                          publications...................... 1217
            1914.     Implementation of depository library 
                          program by Public Printer......... 1218
            1915.     Highest State appellate court 
                          libraries as depository libraries. 1219
            1916.     Designation of libraries of accredited 
                          law schools as depository 
                          libraries......................... 1220

              Chapter 21.--National Archives and Records Administration

            2112.     Presidential archival records......... 1221
            2118.     Records of Congress................... 1222

[[Page 232]]

                          Chapter 33.--Disposal of Records

            3303a.    Examination by Archivist of lists and 
                          schedules of records lacking 
                          preservation value; disposal of 
                          records........................... 1223

               Chapter 35.--Coordination of Federal Information Policy

            3501.     Purposes.............................. 1224
            3503.     Office of Information and Regulatory 
                          Affairs........................... 1225
            3505.     Assignment of tasks and deadlines..... 1226
            3514.     Responsiveness to Congress............ 1227
                            1 u.s.c..--general provisions

            general and permanent laws relating to the senate


[[Page 233]]

                                        [251]

            ____________________________________________________________
 
              GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES 
                                       SENATE

                      Extracts from the United States Code \1\

                \1\ Since some provisions of the most recently enacted 
            statutes may receive slightly different editorial treatment 
            in the codification process, and since a few stylistic 
            changes have been made in this Manual to achieve more 
            convenient adaptation to Senate needs, some pro forma 
            deviations from the exact format of the United States Code 
            may be noted.

                      [Data collected through 107th Congress, 
                                    2nd Session]

            ____________________________________________________________
 
                            TITLE I.--GENERAL PROVISIONS

            Chapter 2.--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; 
                          REPEALS; SEALING OF INSTRUMENTS 

       251  Sec. 112. Statutes at large; contents; admissibility in 
                evidence.
                The Archivist of the United States shall cause to be 
            compiled, edited, indexed, and published, the United States 
            Statutes at Large, which shall contain all the laws and 
            concurrent resolutions enacted during each regular session 
            of Congress; all proclamations by the President in the 
            numbered series issued since the date of the adjournment of 
            the regular session of Congress next preceding; and also any 
            amendments to the Constitution of the United States proposed 
            or ratified pursuant to article V thereof since that date, 
            together with the certificate of the Archivist of the United 
            States issued in compliance with the provision contained in 
            section 106b of this title. In the event of an extra session 
            of Congress, the Archivist of the United States shall cause 
            all the laws and concurrent resolutions enacted during said 
            extra session to be consolidated with, and published as part 
            of, the contents of the volume for the next regular session. 
            The United States Statutes at Large shall be legal evidence 
            of laws, concurrent resolutions, treaties, international 
            agreements other than treaties, proclamations by the 
            President, and proposed or ratified amendments to the 
            Constitution of the United States therein contained, in all 
            the courts of the United States, the several States, and the 
            Territories and insular possessions of the United States. 
            (July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 
            1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3, 
            65 Stat. 710; Oct. 19, 1984, Pub. L. 98-497, Title I, 
            Sec. 107(d), 98 Stat. 2291.)

[[Page 234]]


       252  Sec. 112b. United States international agreements; 
                transmission to Congress.
                (a) The Secretary of State shall transmit to the 
            Congress the text of any international agreement (including 
            the text of any oral international agreement, which 
            agreement shall be reduced to writing), other than a treaty, 
            to which the United States is a party as soon as practicable 
            after such agreement has entered into force with respect to 
            the United States but in no event later than sixty days 
            thereafter. However, any such agreement the immediate public 
            disclosure of which would, in the opinion of the President, 
            be prejudicial to the national security of the United States 
            shall not be so transmitted to the Congress but shall be 
            transmitted to the Committee on Foreign Relations of the 
            Senate and the Committee on Foreign Affairs of the House of 
            Representatives under an appropriate injunction of secrecy 
            to be removed only upon due notice from the President. Any 
            department or agency of the United States Government which 
            enters into any international agreement on behalf of the 
            United States shall transmit to the Department of State the 
            text of such agreement not later than twenty days after such 
            agreement has been signed.
                (b) Not later than March 1, 1979, and at yearly 
            intervals thereafter, the President shall, under his own 
            signature, transmit to the Speaker of the House of 
            Representatives and the chairman of the Committee on Foreign 
            Relations of the Senate a report with respect to each 
            international agreement which, during the preceding year, 
            was transmitted to the Congress after the expiration of the 
            60-day period referred to in the first sentence of 
            subsection (a), describing fully and completely the reasons 
            for the late transmittal.
                (c) Notwithstanding any other provision of law, an 
            international agreement may not be signed or otherwise 
            concluded on behalf of the United States without prior 
            consultation with the Secretary of State. Such consultation 
            may encompass a class of agreements rather than a particular 
            agreement.
                (d) The Secretary of State shall determine for and 
            within the executive branch whether an arrangement 
            constitutes an international agreement within the meaning of 
            this section.
                (e) The President shall, through the Secretary of State, 
            promulgate such rules and regulations as may be necessary to 
            carry out this section. (Pub. L. 92-403, Sec. 1, Aug. 22, 
            1972, 86 Stat. 619; Pub. L. 95-45, Sec. 5, June 15, 1977, 91 
            Stat. 224; Pub. L. 95-426, Title VII, Sec. 708, Oct. 7, 
            1978, 92 Stat. 993; Pub. L. 103-236, Sec. 138, Apr. 30, 
            1994, 108 Stat. 397; Pub. L. 103-437, Sec. 1, Nov. 2, 1994, 
            108 Stat. 4581.)
             Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS; 
                      DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS

       253  Sec. 211. Copies [of the Code of Laws] to Members of 
                Congress.
                In addition to quotas provided for by section 210 of 
            this title there shall be printed, published, and 
            distributed of the Code of Laws relating to the District of 
            Columbia with tables, index and other ancillaries, suitably 
            bound and with thumb inserts and other convenient devices to 
            distinguish the parts, and of the supplements to both codes 
            as provided for by sections 202, 203 of this title, ten 
            copies of each for each

[[Page 235]]

            Member of the Senate and House of Representatives of the 
            Congress in which the original authorized publication is 
            made, for his use and distribution, and in addition for the 
            Committee on the Judiciary of the House of Representatives 
            and the Committee on the Judiciary of the Senate a number of 
            bound copies of each equal to ten times the number of 
            members of such committees, and one bound copy of each for 
            the use of each committee of the Senate and House of 
            Representatives. (July 30, 1947, ch. 388, 61 Stat. 640.)
       254  Sec. 212. Additional distribution at each new Congress.
                In addition the Superintendent of Documents shall, at 
            the beginning of the first session of each Congress, supply 
            to each Senator and Representative in such Congress, who may 
            in writing apply for the same, one copy each of the Code of 
            Laws of the United States, the Code of Laws relating to the 
            District of Columbia, and the latest supplement to each 
            code: Provided, That such applicant shall certify in his 
            written application for the same that the volume or volumes 
            for which he applies is intended for his personal use 
            exclusively: And provided further, That no Senator or 
            Representative during his term of service shall receive 
            under this section more than one copy each of the volumes 
            enumerated herein. (July 30, 1947, Ch. 388, 61 Stat. 640.)
                               2 u.s.c.--the congress

                    generalandpermanentlawsrelatingtothesenate   


[[Page 236]]


 
                               TITLE 2.--THE CONGRESS

            
                Chapter 1.--ELECTION OF SENATORS AND REPRESENTATIVES

       255  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.)
                              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 1241.14).
                Vacancies in the Senate, see Const. Amend. XVII (Senate 
            Manual section 1267).
       256  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.)
       257  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

       258  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.)
       259  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.)
       260  Sec. 23. Presiding officer of Senate may administer oaths.
                The presiding officer, for the time being, of the Senate 
            of the United States, shall have power to administer all 
            oaths and affirmations that are or may be required by the 
            Constitution, or by law, to be taken by any Senator, officer 
            of the Senate, witness, or other person, in respect

[[Page 237]]

            to any matter within the jurisdiction of the Senate. (Apr. 
            18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
       261  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.)
       262  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.)
       263  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.)
       264  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

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

[[Page 238]]

                            (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 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.)
       266  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))

  

       267  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 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.
                (3) For purposes of this subsection--
                            (A) the term ``gift'' means a payment, 
                        subscription, advance, forbearance, rendering, 
                        or deposit of money, services, or anything of 
                        value, including food, lodging, transportation, 
                        or entertainment, and reimbursement for other 
                        than necessary expenses, unless consider

[[Page 239]]

                        ation 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 Senate
                The term ``necessary expenses'', with respect to limits 
            on domestic and foreign travel by Members and staff of the 
            Senate, means reasonable expenses for food, lodging, or 
            transportation which are incurred by a Member, officer, or 
            employee of the Senate in connection with services provided 
            to (or participation in an event sponsored by) the 
            organization which provides reimbursement for such expenses 
            or which provides the

[[Page 240]]

            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; 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.)
       268  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 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, 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.)
       269  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 discharge 
            their appropriate responsibilities in the United States to 
            members of foreign legislative bodies and prominent 
            officials of foreign governments and intergovernmental 
            organizations.

[[Page 241]]

            (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. (Pub. L. 99-88, Title I, 
            Sec. 197, Aug. 15, 1985, 99 Stat. 350.)
       270  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. (Pub. L. 100-71, 
            Title I, Sec. 1, July 11, 1987, 101 Stat. 422.)
       271  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.
            Requests for transfers
                (a) Upon the written request of the Majority or Minority 
            Leader of the Senate, the Secretary of the Senate shall 
            transfer during any fiscal year, from the appropriations 
            account appropriated under the headings ``Salaries, Officers 
            and Employees'' and ``Offices of the Majority and Minority 
            Leaders'', such amount as either Leader shall specify to the

[[Page 242]]

            appropriations account, within the contingent fund of the 
            Senate, ``Miscellaneous Items''.
            Authority to incur expenses
                (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) of this section by such leader and upon 
            vouchers approved by such leader.
            Authority to advance sums
                (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, Title II, Apr. 10, 1991, 105 Stat. 144.)
       272  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. (Pub. L. 99-
            88, Title I, Aug. 15, 1985, 99 Stat. 348.)
       273  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 872).
       274  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. 
            (Pub. L. 95-26, Title I, May 4, 1977, 91 Stat. 79.)
            Note
                See Senate Manual section 88. 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.

[[Page 243]]


       275  Sec. 32b. Expense allowance of President pro tempore of 
                Senate; methods of payment; taxability.
                Effective with fiscal year 1978 and each fiscal year 
            thereafter, there is hereby authorized an expense allowance 
            for the President Pro Tempore which shall not exceed $10,000 
            each fiscal year. The President Pro Tempore may receive the 
            expense allowance (1) as reimbursement for actual expenses 
            incurred upon certification and documentation of such 
            expenses by the President Pro Tempore, or (2) in equal 
            monthly payments. Such amounts paid to the President Pro 
            Tempore as reimbursement of actual expenses incurred upon 
            certification and documentation pursuant to this provision, 
            shall not be reported as income, and the expenses so 
            reimbursed shall not be allowed as a deduction, under Title 
            26. (Pub. L. 95-355, Title I, Sept. 8, 1978, 92 Stat. 532; 
            Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
       276  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.)
       277  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. 10, 1923, ch. 68, 42 
            Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 
            1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Feb. 13, 
            1935, ch. 6, Sec. 1, 49 Stat. 22, 23.)
            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.''
       278  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

[[Page 244]]

            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, 
            Ch. I, Sec. 1, 64 Stat. 1224; Oct. 31, 1972, Pub. L. 92-607, 
            Ch. V, Sec. 503, 86 Stat. 1505.)
       279  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; Pub. L. 97-51, Sec. 112(d), Oct. 1, 1981, 95 Stat. 
            963; Pub. L. 104-186, Title II, Sec. 203(7), Aug. 20, 1996, 
            110 Stat. 1726.)
       280  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.)
       281  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.)
       282  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

[[Page 245]]

            in connection with his official business. (Pub. L. 97-51, 
            Sec. 127(a)(1), Oct. 1, 1981, 95 Stat. 965.)
       283  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 246]]

            (d) Payment of telegrams, telephone services, and stationery 
                expenses incurred by Senator-elect; funding; maximum 
                amount
                (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.)

       284  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. (July 1, 1941, ch. 
            268, 55 Stat. 450; June 13, 1945, ch. 189, 59 Stat. 244; 
            June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch. 
            485, 65 Stat. 391; Aug. 1, 1953, ch. 304, Title I, 67 Stat. 
            320; Aug. 5, 1955, ch. 568, 69 Stat. 504; Jan. 6, 1964, Pub. 
            L. 88-258, Title IV, 77 Stat. 864; May 29, 1967, Pub. L. 90-
            21, Title I, 81 Stat. 38; Dec. 12, 1969, Pub. L. 91-145, 83 
            Stat. 342; July 9, 1971, Pub. L. 92-51, 85 Stat. 128; Dec. 
            15, 1971, Pub. L. 92-184, Ch. IV, 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, Ch. VII, 89 Stat. 182.)
       285  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

[[Page 247]]

            appropriated for stationery for use of committees and 
            officers of the Senate which remains unexpended at the end 
            of any fiscal year and (2) allowances which are not 
            available for obligation due to vacancies or waiver of 
            entitlement thereto, shall be withdrawn from the revolving 
            fund. Disbursements from the fund shall be made upon 
            vouchers approved by the Secretary of the Senate, or his 
            designee. (Pub. L. 85-58, Ch. XI, June 21, 1957, 71 Stat. 
            188; Pub. L. 92-607, Ch. V, Sec. 506(l), Oct. 31, 1972, 86 
            Stat. 1508; Pub. L. 96-304, Sec. 112(b)(3), July 8, 1980, 94 
            Stat. 889, 892; Pub. L. 97-276 Sec. 101(e), Oct. 2, 1982, 96 
            Stat. 1189; Pub. L. 105-55, Title I, Sec. 7, Oct. 7, 1997, 
            111 Stat. 1181.)
       286  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, Title I, 63 Stat. 
            77.)
       287  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.)
       288  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.)
       289  Sec. 55. United States Code Annotated or 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

[[Page 248]]

            9, 1971. Expenses incurred under this authorization shall be 
            paid from the contingent fund of the Senate. (Pub. L. 92-51, 
            July 9, 1971, 85 Stat. 129; Pub. L. 92-607, Ch. V, Oct. 31, 
            1972, 86 Stat. 1504.)

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

  

            (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

[[Page 249]]

            under paragraph (4) or (9) for any expense incurred for 
            entertainment or meals.

            (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 expulsion) 
            before the last month of such period, the amount computed 
            pursuant to subparagraph (A)(iii) of this paragraph (but 
            before application of this subparagraph) shall be 
            recalculated as follows: such amount, as computed under 
            subparagraph (A)(iii) of this paragraph, shall be divided by 
            9, and multiplied by the number of months in such period 
            which are included in the Senator's term of office, counting 
            any fraction of a month as a full month.

[[Page 250]]

                (3)(A) In the case of the fiscal year beginning October 
            1, 1988, or any fiscal year thereafter, the total of--
                            (i) the expenses paid to or on behalf of a 
                        Senator under this section for such fiscal year, 
                        plus
                            (ii) the aggregate amount of gross 
                        compensation which is paid to employees in the 
                        office of such Senator for such fiscal year (as 
                        determined for purposes of section 61-1(d) of 
                        this title),

            shall not exceed the aggregate of--

                            (iii) subject to subparagraph (B)--

                                (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 251]]

            (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.)

  

            (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.

  

            (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.
            (h) Individuals serving on panels or other bodies 
                recommending nominees for Federal judgeships, service 
                academies, United States Attorneys, or United States 
                Marshals
                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 Marshal 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 252]]

            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.
            (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.
            (j) Advances from Senate contingent fund 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. (Pub. L. 92-
            607, Sec. 506(a)-(j), Oct. 31, 1972, 86 Stat. 1505; Pub. L. 
            93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371, 
            Sec. (3)(e), Aug. 13, 1974, 88 Stat. 429; Pub. L. 94-59, 
            Title I, Sec. 103, July 25, 1975, 89 Stat. 274; Pub. L. 95-
            94, Title I, Sec. 112(a) to (c), Aug. 5, 1977, 91 Stat. 663; 
            Pub. L. 95-240, Title II, Sec. 208, Mar. 7, 1978, 92 Stat. 
            117; Pub. L. 95-391, Title I, Sec. 108(a), Sept. 30, 1978, 
            92 Stat. 773; Pub. L. 96-304, Title I, Sec. Sec. 101, 
            102(a), 103, 104, July 8, 1980, 94 Stat. 889; Pub. L. 97-19, 
            July 6, 1981, 95 Stat. 103; Pub. L. 97-51, Sec. 122, Oct. 1, 
            1981, 95 Stat. 965; Pub. L. 97-257, Title I, Sec. 104(a), 
            Sept. 10, 1982, 96 Stat. 849; Pub. L. 97-276, Sec. 101(e), 
            Oct. 2, 1982, 96 Stat. 1189; Pub. L. 98-51, Sec. 102, July 
            14, 1983, 97 Stat. 266; Pub. L. 98-181, Title I, 
            Sec. 1204(a), Nov. 30, 1983, 97 Stat. 1290; Pub. L. 99-65, 
            Sec. 1(a), July 12, 1985, 99 Stat.

[[Page 253]]

            163; Pub. L. 100-137, Sec. 1(b), October 21, 1987; Pub. L. 
            100-458, Sec. Sec. 8(a), 13, 14(a), October 1, 1988, 101 
            Stat. 815; Sec. Sec. 8(a), 13, 14(a), 102 Stat. 2162; Pub. 
            L. 101-163, Title I, Sec. 5(a), Nov. 21, 1989, 103 Stat. 
            1045; Pub. L. 101-520, Title I, Sec. Sec. 4(c), 8, 9(a), 11, 
            Title III, Sec. 311(h)(2), Nov. 5, 1990, 104 Stat. 2258 to 
            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.)
       291  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. (Pub. L. 98-181, 
            Sec. 1205(a), Nov. 30, 1983, 97 Stat. 1290; Pub. L. 99-65, 
            Sec. 1(b), July 12, 1985, 99 Stat. 163; Pub. L. 99-439, Oct. 
            2, 1986, 100 Stat. 1085.)
       292  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.)
       293  Sec. 58a-2. Certification of telecommunications equipment 
                and 
                services as official.
            (a) Regulations issues by Committee on Rules and 
                Administration
                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) Equipment and services provided on reimbursable basis
                For purposes of sections 58a-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.

[[Page 254]]

            (c) Establishment of reasonable charges
                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) Disposition of moneys received
                All moneys, derived from payments for telephone 
            equipment and services provided from funds from the 
            Appropriation Account within the contingent fund of the 
            Senate for ``Contingent Expenses, Sergeant at Arms and 
            Doorkeeper of the Senate'' under the line item for 
            Telecommunications (including receipts from carriers and 
            others for loss or damage to such services or equipment for 
            which repair or replacement 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) Committee authority to classify or reclassify equipment 
                and services
                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; Pub. L. 101-
            163, Title I, Sec. 3, Nov. 21, 1989, 103 Stat. 1044.)
       294  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. (Pub. 
            L. 100-123, Sec. 3, Oct. 5, 1987, 101 Stat. 795.)
       295  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

[[Page 255]]

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

  

       297  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 Office 
            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 Office Expense Account'' shall, when referred to in 
            other law, rule, regulation, or order (whether referred to 
            by such name or any other) shall on and 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

[[Page 256]]

            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, 
            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 
            Senators' account shall be available for the payment of 
            franked mail expenses of Senators.

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

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

  

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

  

            (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.

[[Page 257]]

            (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;
                            (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.
            (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.

[[Page 258]]

            (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
                            (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.
            (e) Omitted.

  

            (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:

[[Page 259]]

            
                         ``UNITED STATES 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.
            (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. 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.)
       300  Sec. 59-1. Additional home State office space for Senators.
            (a) Presidential declaration of disaster or emergency
                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) Effective date
                This section is effective on and after June 12, 1997.

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

[[Page 260]]


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

  

            (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.

  

            (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.
            (c) Remittance of amounts received to General Services 
                Administration; disposition
                Amounts received by the Federal Government from the sale 
            of items of office equipment or office furnishings under 
            this section shall be remitted to the General Services 
            Administration and credited to the appropriate account or 
            accounts. (Pub. L. 93-462, Sec. 2, Oct. 20, 1974, 88 Stat. 
            1388.)
       302  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

[[Page 261]]

                            (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--
                            (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 in the House, or 
            official expenses for franked mail, employee salaries, 
            office space, furniture, or equipment and any associated 
            information technology services (excluding handheld 
            communications devices) in the Senate 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.

[[Page 262]]

            (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) 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).
                            (C) Redesignated (B)
                            (D) Repealed. (Pub. L. 105-275, Title I, 
                        Sec. 104(a)(3), Oct. 21, 1998, 112 Stat. 2439.)
                (3) Repealed. (Pub. L. 106-57, Title I, Sec. (a)(3), 
            Sept. 29, 1999, 113 Stat. 415.)
                (4) Repealed. (Pub. L. 105-275, Title I, Sec. 104(b), 
            Oct. 21, 1998, 112 Stat. 2439.)
            (f) Mass mailing; submission of samples or description of 
                proposed mail matter; advisory opinion
                A Member of the House of Representatives shall, before 
            making any mass mailing, submit a sample or description of 
            the mail matter involved to the House Commission on 
            Congressional Mailing Standards for an advisory opinion as 
            to whether such proposed mailing is in compliance with 
            applicable provisions of law, rule, or regulation.
            (g) ``Member of the House of Representatives'' and ``person 
                entitled to use the congressional frank'' defined
                As used in subsections (a) through (f) of this section--
                            (1) the term ``Member of the House of 
                        Representatives'' means a Representative in, or 
                        a Delegate or Resident Commissioner to, the 
                        Congress; and
                            (2) the term ``person entitled to use the 
                        congressional frank'' means a Senator, Member of 
                        the House of Representatives, or other person 
                        authorized to use the frank under section 
                        3210(b) of Title 39.

[[Page 263]]

            (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; Pub. L. 107-68, Title I Sec. 110, Nov. 
            12, 2001, 115 Stat. 569.)

       303  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 III, Sec. 318, Nov. 
            5, 1990, 104 Stat. 2283; Pub. L. 103-283, Sec. 3(b), July 
            22, 1994, 108 Stat. 1427.)
       304  Sec. 59g. Mass mailing of information under frank; quarterly 

                registration 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

[[Page 264]]

            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

       305  Sec. 60-1. Authority of officers of 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. (Pub. L. 
                        91-510, Sec. 431, Oct. 26, 1970, 84 Stat. 1190.)
       306  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 with the Select Committee. (Pub. L. 101-194, Title IX, 
            Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
       307  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 (or section 5304 or 
            5304a of such title, as applied to employees employed in the 
            pay locality of the Washington, D.C.-Baltimore, Maryland 
            consolidated metropolitan statistical area) the President 
            pro tempore of the Senate shall, as he considers 
            appropriate--
                            (1)(A) adjust the rates of pay of personnel 
                        whose pay is disbursed by the Secretary of the 
                        Senate, and any minimum or maximum rate 
                        applicable to any such personnel; or

[[Page 265]]

                            (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 (and, as the case may be, section 
            5304 or 5304a of such title, as applied to employees 
            employed in the pay locality of Washington, D.C.-Baltimore, 
            Maryland consolidated metropolitan statistical area) 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) Any percentage used in any statute specifically 
            providing for an adjustment in rates of pay in lieu of an 
            adjustment made under section 5303 of Title 5, and, as the 
            case may be, section 5304 or 5304a of such title for any 
            calendar year shall be treated as the percentage used in an 
            adjustment made under such section 5303, 5304, or 5304a, as 
            applicable, for purposes of subsection (a).
                (f) 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, 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 V, Sec. 529 [Title I, 
            Sec. 101(b)(4)(E)], Nov. 5, 1990, 104 Stat. 1440; Pub. L. 
            106-554, Sec. 1(a)(2) [Title 1, Sec. 2], Dec. 21, 2000, 114 
            Stat. 2763, 2763A-96.)
       308  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 any position or employee 
            whose compensation is disbursed by the Sec

[[Page 266]]

            retary 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.)
       309  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.)
       310  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. (Pub. L. 86-
            426, Sec. 1, Apr. 20, 1960, 74 Stat. 53; Pub. L. 92-136, 
            Sec. 6, Oct. 11, 1971, 85 Stat. 378; Pub. L. 96-38, 
            Sec. 108(a), July 25, 1979, 93 Stat. 113; Pub. L. 97-51, 
            Sec. Sec. 111(a), 112(a), Oct. 1, 1981, 95 Stat. 962; Pub. 
            L. 97-257, Title I, Sec. 105(a), Sept. 10, 1982, 96 Stat. 
            849; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
       311  Sec. 60c-2. Salary deposit in financial organizations. 
                Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 
                Stat. 1081.
            Note
                The Secretary of the Senate is authorized and directed, 
            if requested by an individual whose compensation is 
            disbursed by the Secretary, to pay the compensa

[[Page 267]]

            tion by sending a check to a financial organization 
            designated by the individual. See Sec. 3332 of Title 31, 
            Money and Finance, Senate Manual section 1091.
       312  Sec. 60c-2a. Banking and financial transactions of Secretary 
                of 
                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.)
       313  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 268]]

            (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 269]]

            (f) ``State'' defined
                For the purposes of this section, ``State'' means any of 
            the States of the United States and the District of 
            Columbia. (Pub. L. 93-371, Sec. 101(2), Aug. 13, 1974, 88 
            Stat. 427.)
       314  Sec. 60c-4. Withholding of charitable contributions from 
                salaries paid by Secretary of Senate and from employees 
                of Architect of 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 12353, 
            dated March 23, 1982, and at such other times 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 270]]

            (e) Provisions as not imposing duty, burden, requirement or 
                penalty on United States, Senate, or any officer or 
                employee of 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 of the Standing 
            Rules of the Senate.
            (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. (Pub. L. 95-470, Oct. 
            17, 1978, 92 Stat. 1323; 1978 Reorg. Plan No. 2, Sec. 102, 
            eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)
       315  Sec. 60c-5 Student loan repayment program.
            (a) Definitions
                In this section:
            (1) Eligible employee
                The term ``eligible employee'' means an individual--
                            (A) who is an employee of the Senate; and
                            (B) whose rate of pay as an employee of the 
                        Senate, on the date on which such eligibility is 
                        determined, does not exceed the rate of basic 
                        pay for an employee for a position at ES-1 of 
                        the Senior Executive Schedule as provided for in 
                        subchapter VIII of chapter 53 of Title 5, United 
                        States Code (including any locality pay 
                        adjustment applicable to the Washington, D.C.-
                        Baltimore, Maryland consolidated metropolitan 
                        statistical area).
            (2) Employee of the Senate
                            The term ``employee of the Senate'' has the 
                        meaning given the term in section 101 of the 
                        Congressional Accountability Act of 1995 (2 
                        U.S.C. 1301).
            (3) Employing Office
                            The term ``employing office'' means the 
                        employing office, as defined in section 101 of 
                        the Congressional Accountability Act of 1995 (2 
                        U.S.C. 1301), of an employee of the Senate.
            (4) Secretary
                            The term ``Secretary'' means the Secretary 
                        of the Senate.
            (5) Student loan
                            The term ``student loan'' means--

                                (A) a loan made, insured, or guaranteed 
                            under part B, D, or E of Title IV of the 
                            Higher Education Act of 1965 (20 U.S.C. 1071 
                            et seq., 1087a et seq., or 1087aa et seq.); 
                            and

[[Page 271]]

                                (B) a health education assistance loan 
                            made or insured under part A of Title VII of 
                            the Public Health Service Act (42 U.S.C. 292 
                            et seq.), or under part E of Title VIII of 
                            such Act (42 U.S.C. 297a et seq.).

            (b) Senate student loan repayment program
            (1) Service Agreements
                            (A) In general
                The head of an employing office and an eligible employee 
            may enter into a written service agreement under which--
                            (i) the employing office shall agree to 
                        repay, by direct payments on behalf of the 
                        eligible employee, any student loan indebtedness 
                        of the eligible employee that is outstanding at 
                        the time the eligible employee and the employing 
                        office enter into the agreement, subject to this 
                        section; and
                            (ii) the eligible employee shall agree to 
                        complete the 1-year required period of 
                        employment described in subsection (c)(1) with 
                        the employing office in exchange for the student 
                        loan payments.
                            (B) Contents of service agreements
                            (i) Contents
                A service agreement under this paragraph shall contain--
                            (I) the start and end dates of the required 
                        period of employment covered by the agreement,
                            (II) the monthly amount of the student loan 
                        payments to be provided by the employing office;
                            (III) the employee's agreement to reimburse 
                        the Senate under the conditions set forth in 
                        subsection (d)(1);
                            (IV) disclosure of the program limitations 
                        provided for in subsection (d)(4) and paragraphs 
                        (2), (3), (6), and (7) of subsection (f);
                            (V) other terms to which the employing 
                        office and employee agree (such as terms 
                        relating to job responsibilities or job 
                        performance expectations); and
                            (VI) any other terms prescribed by the 
                        Secretary.
                            (ii) Standard service agreements
                The Secretary shall establish standard service 
            agreements for employing offices to use in carrying out this 
            section.
            (2) Submission of agreements
                On entering into a service agreement under this section, 
            the employing office shall submit a copy of the service 
            agreement to the Secretary.
            (c) Program conditions
            (1) Period of employment
                The term of the required period of employment under a 
            service agreement under this section shall be 1 year. On 
            completion of the required period of employment under such a 
            service agreement, the eligible employee and the employing 
            office may enter into additional service agreements for 
            successive 1-year periods of employment.
            (2) Amount of payments
                (A) In general
                The amount of student loan payments made under service 
            agreements under this section on behalf of an eligible 
            employee may not exceed--

[[Page 272]]

                            (i) $500 in any month, or
                            (ii) a total of $40,000.
                            (B) Payments included in gross compensation 
                        limitations
                Any student loan payment made under this section in any 
            month may not result in the sum of the payment and the 
            compensation of an employee for that month exceeding \1/12\ 
            of the applicable annual maximum gross compensation 
            limitation under section 105(d)(2), (e), or (f) of the 
            Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-
            1(d)(2), (e), or (f)).
            (3) Timing of payments
                Student loan payments made under this section under a 
            service agreement shall begin the first day of the pay 
            period after the date on which the agreement is signed and 
            received by the Secretary, and shall be made on a monthly 
            basis.
            (d) Loss of eligibility for student loan payments and 
                obligation to reimburse
            (1) In general
                An employee shall not be eligible for continued student 
            loan payments under a service agreement under this section 
            and (except in a case in which an employee's duty is 
            terminated under paragraph (2) or an employing office 
            assumes responsibilities under paragraph (3)) shall 
            reimburse the Senate for the amount of all student loan 
            payments made on behalf of the employee under the agreement, 
            if, before the employee completes the required period of 
            employment specified in the agreement--
                            (A) the employee voluntarily separates from 
                        service with the employing office;
                            (B) the employee engages in misconduct or 
                        does not maintain an acceptable level of 
                        performance, as determined by the head of the 
                        employing office; or
                            (C) the employee violates any condition of 
                        the agreement.
            (2) Termination of agreement
                The duty of an eligible employee to fulfill the required 
            period of employment under the service agreement shall be 
            terminated if--
                            (A) funds are not made available to cover 
                        the cost of the student loan repayment program 
                        carried out under this section; or
                            (B) the employee and the head of the 
                        employing office involved mutually agree to 
                        terminate the service agreement under subsection 
                        (f)(7).
            (3) Another employing office
                An employing office who hires an eligible employee 
            during a required period of employment under such a service 
            agreement may assume the remaining obligations (as of the 
            date of the hiring) of the employee's prior employing office 
            under the agreement.
            (4) Failure of employee to reimburse
                If an eligible employee fails to reimburse the Senate 
            for the amount owed under paragraph (1), such amount shall 
            be collected--
                            (A) under section 104(c) of the Legislative 
                        Appropriation Act, 1977 (2 U.S.C. 60c-2a(c)) or 
                        section 5514 of Title 5, United States Code,

[[Page 273]]

                        if the eligible employee is employed by any 
                        other office of the Senate or agency of the 
                        Federal Government; or
                            (B) under other applicable provisions of law 
                        if the eligible employee is not employed by any 
                        other office of the Senate or agency of the 
                        Federal Government.
            (5) Crediting of amounts
                Any amount repaid by, or recovered from, an eligible 
            employee under this section shall be credited to the 
            subaccount for the employing office from which the amount 
            involved was originally paid. Any amount so credited shall 
            be merged with other sums in such subaccount for the 
            employing office and shall be available for the same 
            purposes, and subject to the same limitations (if any), as 
            the sums with which such amount is merged.
            (e) Records and reports
            (1) In general
                Not later than January 1, 2003, and each January 1 
            thereafter, the Secretary shall prepare and submit to the 
            Committee on Rules and Administration of the Senate and the 
            Committee on Appropriations of the Senate, a report for the 
            fiscal year preceding the fiscal year in which the report is 
            submitted, that contains information specifying--
                            (A) the number of eligible employees that 
                        received student loan payments under this 
                        section; and
                            (B) the costs of such payments, including--

                                (i) the amount of such payments made for 
                            each eligible employee;

                                (ii) the amount of any reimbursement 
                            amounts for early separation from service or 
                            whether any waivers were provided with 
                            respect to such reimbursements; and

                                (iii) any other information determined 
                            to be relevant by the Committee on Rules and 
                            Administration of the Senate or the 
                            Committee on Appropriations of the Senate.

            (2) Confidentiality
                Such report shall not include any information which is 
            considered confidential or could disclose the identity of 
            individual employees or employing offices. Information 
            required to be contained in the report of the Secretary 
            under section 105(a) of the Legislative Branch Act, 1965 (2 
            U.S.C. 104a) shall not be considered to be personal 
            information for purposes of this paragraph.
            (f) Other administrative matters
            (1) Account
                (A) In general
                            The Secretary shall establish and maintain a 
                        central account from which student loan payments 
                        available under this section shall be paid on 
                        behalf of eligible employees.
                (B) Office subaccounts
                            The Secretary shall ensure that, within the 
                        account established under subparagraph (A), a 
                        separate subaccount is established for each 
                        employing office to be used by each such office 
                        to make student loan payments under this 
                        section. Such student loan payments shall

[[Page 274]]

                        be made from any funds available to the 
                        employing office for student loan payments that 
                        are contained in the subaccount for the office.
                (C) Limitation
                            Amounts in each subaccount established under 
                        this paragraph shall not be made available for 
                        any purpose other than to make student loan 
                        payments under this section.
            (2) Beginning of payments
                Student loan payments may begin under this section with 
            respect to an eligible employee upon--
                (A) the receipt by the Secretary of a signed service 
            agreement; and
                (B) verification by the Secretary with the holder of the 
            loan that the eligible employee has an outstanding student 
            loan balance that qualifies for payment under this section.
            (3) Limitation
                Student loan payments may be made under this section 
            only with respect to the amount of student loan indebtedness 
            of the eligible employee that is outstanding on the date on 
            which the employee and the employing office enter into a 
            service agreement under this section. Such payments may not 
            be made under this section on a student loan that is in 
            default or arrears.
            (4) Payment on multiple loans
                Student loan payments may be made under this section 
            with respect to more than 1 student loan of an eligible 
            employee at the same time or separately, if the total 
            payments on behalf of such employee do not exceed the limits 
            under subsection (c)(2)(A).
            (5) Treatment of payments
                Student loan payments made on behalf of an eligible 
            employee under this section shall be in addition to any 
            basic pay and other forms of compensation otherwise payable 
            to the eligible employee, and shall be subject to 
            withholding for income and employment tax obligations as 
            provided for by law.
            (6) No relief from liability
                An agreement to make student loan payments under this 
            section shall not exempt an eligible employee from the 
            responsibility or liability of the employee with respect to 
            the loan involved and the eligible employee shall continue 
            to be responsible for making student loan payments on the 
            portion of any loan that is not covered under the terms of 
            the service agreement.
            (7) Reduction in payments
                Notwithstanding the terms of a service agreement under 
            this section, the head of an employing office may reduce the 
            amount of student loan payments made under the agreement if 
            adequate funds are not available to such office. If the head 
            of the employing office decides to reduce the amount of 
            student loan payments for an eligible employee, the head of 
            the office and the employee may mutually agree to terminate 
            the service agreement.

[[Page 275]]

            (8) No right to continued employment
                A service agreement under this section shall not be 
            construed to create a right to, promise of, or entitlement 
            to the continued employment of the eligible employee.
            (9) No entitlement
                A student loan payment under this section shall not be 
            construed to be an entitlement for any eligible employee.
            (10) Treatment of payments
                A student loan payment under this section--
                            (A) shall not be basic pay of an employee 
                        for purposes of chapters 83 and 84 of Title 5, 
                        United States Code (relating to retirement) and 
                        chapter 87 of such title (relating to life 
                        insurance coverage); and
                            (B) shall not be included in Federal wages 
                        for purposes of chapter 85 of such title 
                        (relating to unemployment compensation).
            (g) Allocation of funds
            (1) Maximum amount
                In this subsection, the term ``maximum amount,'' used 
            with respect to a fiscal year, means--
                            (A) in the case of an employing office 
                        described in subsection (h)(1)(A), the amount 
                        described in that subsection for that fiscal 
                        year; and
                            (B) In the case of an employing office 
                        described in subsection (h)(1)(B), the amount 
                        described in that subsection for that fiscal 
                        year.
            (2) Allocation
                From the total amount made available to carry out this 
            section for a fiscal year, there shall be allocated to each 
            employing office for that fiscal year--
                            (A) the maximum amount for that employing 
                        office for that fiscal year; or
                            (B) if the total amount is not sufficient to 
                        provide the maximum amount to each employing 
                        office, an amount that bears the same 
                        relationship to the total amount as the maximum 
                        amount for that employing office for that fiscal 
                        year bears to the total of the maximum amounts 
                        for all employing offices for that fiscal year.
            (3) Apportionment
                In the case of an employing office that is a Committee 
            of the Senate, the funds allocated under this subsection 
            shall be apportioned between the majority and minority staff 
            of the committee in the same manner as amounts are 
            apportioned between the staffs for salaries.
            (h) Authorization of appropriations
            (1) In general
                There are authorized to be appropriated (or otherwise 
            made available from appropriations) to carry out this 
            section the following amounts for each fiscal year:
                            (A) For each employing office that is the 
                        personal office of a Senator, an amount equal to 
                        2 percent of the total sums appro

[[Page 276]]

                        priated for the fiscal year involved for 
                        administrative and clerical salaries for such 
                        office.
                            (B) For each other employing office, an 
                        amount equal to 2 percent of the total sums 
                        appropriated for the fiscal year involved for 
                        salaries for such office.
            (2) Limitation
                Amounts provided under this section shall be subject to 
            annual appropriations.
            (i) Effective date
                This section shall apply to fiscal year 2002 and each 
            fiscal year thereafter.
                (Pub. L. 107-68, Title I, Sec. 102, Nov. 12, 2001, 115 
            Stat. 563; Pub. L. 107-117, Div. B, Ch. 9, Sec. 916, Jan. 
            10, 2002, 115 Stat. 2324.)
       316  Sec. 60j. Longevity compensation. \2\
                \2\ The application of this section is restricted by 
                section 60j-4 of this section.
            (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.
                (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

[[Page 277]]

                        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, Pub. L. 88-454, 
            Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-57, 
            Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub. L. 90-206, 
            Title II, Sec. Sec. 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; Pub. L. 96-304, Title I, Sec. 107(b), July 8, 
            1980, 94 Stat. 890.)
       317  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 September 1, 1964, longevity 
            compensation provided by section 105 of the Legislative 
            Branch Appropriation Act, 1959,\2\ shall, on and after 
            September 1, 1964, 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. (Pub. L. 
            88-454, Sec. 104(c), Aug. 20, 1964, 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 105 of Legislative Branch Appropriation Act, 
                1959, repealed by section 106(d) of Legislative Branch 
                Appropriation Act, 1963.

[[Page 278]]


       318  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.)
       319  Sec. 60j-3. Repealed. (Pub. L. 97-276, Sec. 101(e), Oct. 2, 
                1982, 96 Stat. 1189)

  

       320  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 subsections on the basis of service performed 
            prior to such date shall continue to be entitled to such 
            compensation, but no individual shall accrue any longevity 
            compensation on the basis of service performed on or after 
            such date. (Pub. L. 98-51, Sec. 107, July 14, 1983, 97 Stat. 
            267.)
       321  Sec. 61. Limit on rate of compensation of Senate 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.)
       322  Sec. 61-1. Gross rate of compensation of employees paid by 
                Secretary of Senate.

  

            (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.
                (2) New or changed rates of compensation (other than 
            changes in rates which are made by law) of any such employee 
            (other than an employee who is an elected officer of the 
            Senate) shall be certified in writing to the Disbursing 
            Office of the Senate (and, for purposes of this paragraph, a 
            new rate of compensation refers to compensation in the case 
            of an appointment, transfer from one Senate appointing 
            author

[[Page 279]]

            ity 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.
            (b) Conversion; increase in computation
                Note.--This subsection has been executed.
            (c) Reference in other provisions to basic rates and 
                additional compensation as reference to per annum gross 
                rate
                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.
            (d) Compensation of employees in office of Senator; 
                limitation; titles of positions
            Note
                This subsection sets forth the maximum and minimum 
            salaries which may be paid to employees in the office of a 
            Senator. These figures are changed annually by Orders of the 
            President pro tempore of the Senate issued under authority 
            of section 4 of the Federal Pay Comparability Act of 1970. 
            For the current figures consult the Senate Disbursing 
            Office.
                Each Member of the Senate is authorized by section 
            111(c) of the Legislative Branch Appropriation Act, 1978 
            (Pub. Law 95-94, 91 Stat. 662-663, Aug. 5, 1977), to 
            designate employees in his office to assist him in 
            connection with his membership on committees of the Senate. 
            With certain exceptions, an employee so des

[[Page 280]]

            ignated 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.)
            (e) Gross rate of compensation of employee of committee of 
                Senate employed by joint committee, select committee, or 
                standing committee
            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.
            (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.
                (Pub. L. 90-57, Sec. 105 (a)-(f), (j), July 28, 1967, 81 
            Stat. 141-144; Pub. L. 90-206, Title II, Sec. 214(j)-(l), 
            Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-145, 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, Dec. 15, 1971, 85 
            Stat. 633; Pub. L. 92-607, Ch. V, Sec. 505, Oct. 31, 1972, 
            86 Stat. 1505; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; 
            Pub. L. 93-245, Ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub. L. 
            93-255, Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93-371, 
            Aug. 13, 1974, 88 Stat. 430; Pub. L. 94-59, Title I, 
            Sec. 102,

[[Page 281]]

            July 25, 1975, 89 Stat. 274; Pub. L. 94-440, Title I, 
            Sec. 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95-94, 
            Title I, Sec. 111(d), Aug. 5, 1977, 91 Stat. 663; Pub. L. 
            95-391, Title I, Sec. 104(b), Sept. 30, 1978, 92 Stat. 772; 
            Pub. L. 95-482, Sec. 112, Oct. 18, 1978, 92 Stat. 1605; Pub. 
            L. 96-304, Title I, Sec. Sec. 107(a), 112(b)(1), July 8, 
            1980, 94 Stat. 890, 892; Pub. L. 98-181, Title I, 
            Sec. 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub. L. 98-367, 
            Title I, Sec. Sec. 3(a), 12(a), (b), July 17, 1984, 98 Stat. 
            475, 476; Pub. L. 100-71, Title I, Sec. 3(a), July 11, 1987, 
            101 Stat. 423; Pub. L. 100-137, Sec. 1(c)(1), Oct, 21, 1987, 
            101 Stat. 818; Pub. L. 100-202, Sec. 101(i), Dec. 22, 1987, 
            101 Stat. 1329-290; 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.)
       323  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. 101(i) [Title I, Sec. 9], Dec. 22, 1987, 101 Stat. 
            1329-290, 1329-295.)
       324  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. (Pub. L. 98-367, 
            Title I, Sec. 4, July 17, 1984, 98 Stat. 475.)
       325  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 such paragraph, 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. (Pub. L. 102-90, Title I, Sec. 5, Aug. 14, 
            1991, 105 Stat. 450.)

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       326  Sec. 61a. Compensation of Secretary of 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.
       327  Sec. 61a-9. Advancement by Secretary of 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. (Pub. L. 
            92-607, Sec. 504, Oct. 31, 1972, 86 Stat. 1505.)
       328  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. (Pub. L. 94-59, Sec. 101, July 25, 
            1975, 89 Stat. 273; Pub. L. 95-94, Title I, Sec. 106, Aug. 
            5, 1977, 91 Stat. 661; Pub. L. 95-355, Title I, Sec. 101, 
            Sept. 8, 1978, 92 Stat. 533; Pub. L. 97-12, Sec. 102, June 
            5, 1981, 95 Stat. 61; Pub. L. 98-367, Sec. 1, July 17, 1984, 
            98 Stat. 474.)
       329  Sec. 61a-11. Abolition of statutory positions in Office of 
                Secretary of 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

[[Page 283]]

            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. (Pub. L. 97-51, Sec. 114, Oct. 1, 1981, 95 Stat. 
            963.)
       330  Sec. 61b. Compensation of Parliamentarian of Senate.
                The Parliamentarian of the Senate may be paid at a 
            maximum annual rate of compensation not to exceed $39,000. 
            (Aug. 5, 1955, Ch. 568 Sec. 1, 69 Stat. 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.)
       331  Sec. 61b-3. Professional archivist; Secretary's authority to 
                obtain services from General Services Administration.
                For each fiscal year (beginning with the fiscal year 
            which ends September 30, 1982), the Secretary of the Senate 
            is authorized to expend from the contingent fund of the 
            Senate such amount as may be necessary to enable the 
            Secretary to obtain from the General Services Administration 
            the services of a professional archivist. Such services 
            shall be obtained on a reimbursable basis and shall not be 
            obtained except with the consent of the General Services 
            Administration and the Committee on Rules and 
            Administration. (Pub. L. 97-92, Title I, Sec. 125, Dec. 15, 
            1981, 95 Stat. 1198.)
       332  Sec. 61c-1. Adjustment of rate of compensation by Secretary 
                of 
                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. (Pub. L. 91-382, Aug. 18, 1970, 
            84 Stat. 808.)
       333  Sec. 61c-2. Compensation of Assistants to Majority and 
                Minority in Office of Secretary of Senate.
                The Assistant to the Majority of the Senate and the 
            Assistant to the Minority of the Senate in the Office of the 
            Secretary of the Senate may each be paid a maximum annual 
            rate of compensation not to exceed $36,500. (Pub. L. 94-59, 
            Title I, Sec. 105, July 25, 1975, 89 Stat. 275.)
       334  Sec. 61d. Compensation of Chaplain of 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. (Pub. L. 100-202, Sec. 101(i) [Title I, Sec. 2(a)], 
            Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.)
       335  Sec. 61d-1. Compensation of employees of Chaplain of 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. 100-202, Sec. 101(i)

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            [Title I, Sec. 2(b)], Dec. 22, 1987, 101 Stat. 1329-290, 
            1329-294; Pub. L. 101-163, Title I, Sec. 10, Nov. 21, 1989, 
            103 Stat. 1046.)
       336  Sec. 61d-2. Postage allowance for Chaplain of 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. (Pub. L. 97-51, 
            Sec. 127(b)(1), Oct. 1, 1981, 95 Stat. 966.)
       337  Sec. 61d-3. Office of the Chaplain Expense Revolving Fund.
            (a) Establishment
                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) Disbursements
                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.
            (c) Deposits
                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) Vouchers
                Disbursements from the fund shall be made on vouchers 
            approved by the Chaplain of the Senate. (Pub. L. 104-53, 
            Title I, Sec. 2, Nov. 19, 1995, 109 Stat. 517; Pub. L. 105-
            275, Title I, Sec. 2(a), Oct. 21, 1998, 112 Stat. 2433.)
       338  Sec. 61e. Compensation of Sergeant at Arms and Doorkeeper of 

                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.
       339  Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on 
                death, resignation, disability, or absence of Sergeant 
                at Arms and Doorkeeper of 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

[[Page 285]]

            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. (Pub. L. 97-
            51, Sec. 128, Oct. 1, 1981, 95 Stat. 966.)
       340  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.)
       341  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

[[Page 286]]

            the Sergeant at Arms and Doorkeeper. (Pub. L. 94-303, Title 
            I, Sec. 117, June 1, 1976, 90 Stat. 615; Pub. L. 95-391, 
            Title I, Sec. 106, Sept. 30, 1978, 92 Stat. 772; Pub. L. 96-
            86; Sec. 111(c), Oct. 12, 1979, 93 Stat. 661; Pub. L. 97-12, 
            Sec. 108, June 5, 1981, 95 Stat. 62; 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.)
       342  Sec. 61f-7. Abolition of statutory positions in Office of 
                Sergeant at Arms and Doorkeeper of 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. (Pub. L. 97-51, 
            Sec. 116, Oct. 1, 1981, 95 Stat. 963.)
       343  Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of 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. (Pub. L. 97-51, Sec. 117, Oct. 1, 1981, 95 Stat. 
            964; Pub. L. 97-257, Title I,

[[Page 287]]

            Sec. 103, Sept. 10, 1982, 96 Stat. 849; Pub. L. 98-367, 
            Title I, Sec. 7, July 17, 1984, 98 Stat. 475; Pub. L. 100-
            458, Sec. 7, Oct. 1, 1988, 102 Stat. 2162.)

       344  Sec. 61f-10. Procurement of temporary help.
            (a) In general
                (1) Subject to regulations that the Committee on Rules 
            and Administration of the Senate may prescribe, the 
            Secretary of the Senate and the Sergeant at Arms and 
            Doorkeeper of the Senate may procure temporary help services 
            from a private sector source that offers such services. Each 
            procurement of services under this subsection shall be for 
            no longer than 30 days.
                (2) A person performing services procured under 
            paragraph (1) shall not, during the period of the 
            performance of the services, be an employee of the United 
            States or be considered to be an employee of the United 
            States for any purpose.
                (b) This section shall take effect on October 1, 2001, 
            and shall apply in fiscal year 2002 and successive fiscal 
            years. (Pub. L. 107-68, Title I, Sec. 109, Nov. 12, 2001, 
            115 Stat. 569.)
       345  Sec. 61g-6. Payment of expenses of Conference of Majority 
                and 
                Conference of Minority from Senate contingent fund.
                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 $100,000, 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. (Pub. L. 97-
            51, Sec. 120, Oct. 1, 1981, 95 Stat. 965; Pub. L. 97-276, 
            Sec. 101(e), Oct. 2, 1982, 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; Pub. L. 107-68, 
            Title I, Sec. 105(a), Nov. 12, 2001, 115 Stat. 568.)
       346  Sec. 61g-6a. Salaries and expenses for Senate Majority and 
                Minority Policy Committees and Senate Majority and 
                Minority 
                Conference Committees
            (a) Transfer of funds for Policy Committees
                (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 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

[[Page 288]]

            of the Senate, to the account from which salaries are 
            payable for such committees.
            (b) Transfer of funds for Conference Committees
                (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) Availability of transferred funds
                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) Notification to Committee on Appropriations
                The Chairman of a committee transferring funds under 
            this section shall notify the Committee on Appropriations of 
            the Senate of the transfer. (Pub. L. 101-520, Title I, 
            Sec. 1, Nov. 5, 1990, 104 Stat. 2257; Pub. L. 102-90, Title 
            I, Sec. 1(a), Aug. 14, 1991, 105 Stat. 450; Pub. L. 104-53, 
            Title I, Sec. 7(a), Nov. 19, 1995, 109 Stat. 518.)
       347  Sec. 61g-7. Services of consultants to Majority or Minority 
                Conference Committee of 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 contract 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 shall not be subject to the provisions of section 
            5 of Title 41 or any other provision of law requiring 
            advertising.

[[Page 289]]

            (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. (Pub. L. 99-88, Title I, 
            Sec. 195, Aug. 15, 1985, 99 Stat. 349; Pub. L. 104-197, 
            Title I, Sec. 1, Sept. 16, 1996, 110 Stat. 2396.)
       348  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.)
       349  Sec. 61h-4. Appointment of employees by Senate Majority and 
                Minority Leaders; 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. 
            (Pub. L. 95-26, Title I, May 4, 1977, 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.
       350  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. (Pub. L. 98-51, Title I, Sec. 101(a), July 14, 1983, 
            97 Stat. 265.)
       351  Sec. 61h-6. Appointment of consultants by Majority Leader, 
                Minority Leader, Secretary of Senate, and Legislative 
                Counsel of Senate; compensation.
                (a) The Majority Leader and the Minority Leader, are 
            each authorized to appoint and fix the compensation of not 
            more than six 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

[[Page 290]]

            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 not more than two individual 
            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 subsection. The President pro 
            tempore emeritus, of the Senate is authorized to appoint and 
            fix the compensation of one individual 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, President 
            pro tempore emeritus, 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. 
            (Pub. L. 95-26, Title I, Sec. 101, May 4, 1977, 91 Stat. 82; 
            Pub. L. 95-94, Title I, Sec. 110(a), Aug. 5, 1977, 91 Stat. 
            662; Pub. L. 100-458, Sec. Sec. 4, 9, Oct. 1, 1988, 102 
            Stat. 2161, 2162; Pub. L. 101-302, Title III, Sec. 314(a), 
            May 25, 1990, 104 Stat. 245; Pub. L. 102-90, Title I, 
            Sec. 3, Aug. 14, 1991, 105 Stat. 450; Pub. L. 104-2, Feb. 9, 
            1995, 109 Stat. 45; Pub. L. 105-275, Title I, Sec. 4(a), 
            (b), Oct. 21, 1998, 112 Stat. 2433; Pub. L. 107-20, Title 
            II, Sec. 2803, July 24, 2001; 115 Stat. 185; Pub. L. 107-68, 
            Title I, Sec. 101(a), Nov. 12, 2001, 115 Stat. 563.)
       352  Sec. 61h-7. Chiefs of Staff for Senate Majority and Minority 
                Leaders; appointment; compensation.
                (a) There is established within the Offices of the 
            Majority and Minority Leaders 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.)

[[Page 291]]


       353  Sec. 61j-2. Compensation and appointment of employees by 
                Senate Majority and Minority Whips.
                Effective April 1, 1977, the Majority Whip and the 
            Minority Whip are each authorized to appoint and fix the 
            compensation of such employees as they deem appropriate: 
            Provided, That the gross compensation paid to such employees 
            shall not exceed $111,100 each fiscal year for each Whip. 
            (Pub. L. 95-26, Title I, May 4, 1977, 91 Stat. 80.)
       354  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. (Pub. L. 96-38, Title I, 
            Sec. 101, July 25, 1979, 93 Stat. 111.)
       355  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. (Pub. L. 95-26, Title I, May 4, 1977, 91 Stat. 
            80.)
       356  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.)
       357  Sec. 63. Repealed. (Pub. L. 104-186, Title II, Sec. 204(21), 
                Aug. 20, 1996, 110 Stat. 1733)

  

       358  Sec. 64. Omitted.

  

       359  Sec. 64-1. Employees of Senate Disbursing Office; 
                designation by Secretary of 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). During any period in which he is so 
            designated, any such employee may administer such oaths and 
            affirmations. (Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532.)
       360  Sec. 64-2. Transfers of funds by Secretary of Senate; 
                approval of Committee on Appropriations.
                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

[[Page 292]]

            on Appropriations of the Senate. (Pub. L. 97-276, 
            Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.)
       361  Sec. 64-3. Reimbursement for 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. 
            (Pub. L. 95-26, Title I, Sec. 111, May 4, 1977, 91 Stat. 
            87.)
       362  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(a), 98 Stat. 474.)
       363  Sec. 64b. Death, resignation, or disability of Secretary of 
                Senate; Assistant Secretary of 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 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. 
            (Pub. L. 92-184, Sec. 401, Dec. 15, 1971, 85 Stat. 635; Pub. 
            L. 93-371, Sec. 1, Aug. 13, 1974, 88 Stat. 427; Pub. L. 98-
            367, Sec. 2(b), July 17, 1984, 98 Stat. 474.)
       364  Sec. 65a. Insurance of office funds of Secretary of 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

[[Page 293]]

            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, Sec. 101, 70 Stat. 360.)
       365  Sec. 65b. Advances to Sergeant at Arms of Senate for 
                extraordinary expenses.
                The Secretary of the Senate, on and after July 31, 1958, 
            is 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. (Pub. L. 85-570, July 31, 1958, 72 Stat. 442; Pub. 
            L. 94-440, Sec. 108, Oct. 1, 1976, 90 Stat. 1445; Pub. L. 
            95-26, Sec. 104, May 4, 1977, 91 Stat. 82.)
       366  Sec. 65c. Expense allowance for Secretary of Senate, 
                Sergeant at Arms and Doorkeeper of 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 from 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; Pub. L. 98-63, Title I, July 30, 
            1983, 97 Stat. 334; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095.)
       367  Sec. 65d. Funds advanced by Secretary of 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.

[[Page 294]]

                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.)
       368  Sec. 65f. Funds for Secretary of 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. (Pub. L. 100-71, Sec. 2, 
            July 11, 1987, 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.)
       369  Sec. 66a. Restriction on payment of dual compensation by 
                Secretary of 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.)
       370  Sec. 67. Clerks to Senators-elect.
                A Senator entitled to receive his own salary may appoint 
            the usual clerical assistants allowed Senators. (Mar.. 2, 
            1895, Ch. 177, Sec. 1, 28 Stat. 766, June 19, 1934, Ch. 648, 
            Title I, Sec. 1, 48 Stat. 1022.)
       371  Sec. 68. Payments from Senate contingent fund.
                No payment shall be made from the contingent fund of the 
            Senate unless sanctioned by the Committee on Rules and 
            Administration of the Senate. Payments made upon vouchers or 
            abstracts of disbursements of salaries approved by said 
            Committee shall be deemed, held, and taken, and are declared 
            to be conclusive upon all the departments and officers of 
            the Government: Provided, That no payment shall be made from 
            said contingent fund as additional salary or compensation to 
            any officer or employee of the Senate. (Oct. 2, 1888, Ch. 
            1069, Sec. 1, 25 Stat. 546; Aug. 2, 1946, Ch. 753, Sec. 102, 
            60 Stat. 814; Pub. L. 93-554, Title

[[Page 295]]

            I, Ch. III, Sec. 101, Dec. 27, 1974, 88 Stat. 1776; Pub. L. 
            104-186, Title I, Sec. 105(c), Aug. 20, 1996, 110 Stat. 
            1722.)
       372  Sec. 68-1. Committee on Rules and Administration; 
                designation of employees to approve vouchers for 
                payments from Senate contingent fund.
                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. (Pub. L. 93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 
            529; Pub. L. 97-51, Sec. 126, Oct. 1, 1981, 95 Stat. 965; 
            Pub. L. 98-473, Sec. 123A(c), Oct. 12, 1984, 98 Stat. 1970.)
       373  Sec. 68-2. Appropriations for contingent expenses of Senate; 

                restrictions.
                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.)
       374  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'';
                            (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

[[Page 296]]

                        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) of this section 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) of this section for the 
            ``Sergeant at Arms and Doorkeeper of the Senate''. (Pub. L. 
            98-51, Sec. 103, July 14, 1983, 97 Stat. 266.)
       375  Sec. 68-5. Purchase, lease, exchange, maintenance, and 
                operation of vehicles out of account for Sergeant at 
                Arms and Doorkeeper of Senate within Senate contingent 
                fund; authorization of appropriations.
                For each fiscal year (commencing with the fiscal year 
            ending September 30, 1985) there is authorized to be 
            appropriated to the account, within the contingent fund of 
            the Senate, for the Sergeant at Arms and Doorkeeper of the 
            Senate, such funds (which shall be in addition to funds 
            authorized to be so appropriated for other purposes) as may 
            be necessary for the purchase, lease, exchange, maintenance, 
            and operation of vehicles as follows: one for the Vice 
            President, one for the President pro tempore of the Senate, 
            one for the Majority Leader of the Senate, one for the 
            Minority Leader of the Senate, one for Majority Whip of the 
            Senate, one for the Minority Whip of the Senate, one for the 
            attending physician, one as authorized by Senate Resolution 
            90 of the 100th Congress, such number as is needed for 
            carrying mails, and for official use of the offices of the 
            Secretary of the Senate, the Sergeant at Arms and Doorkeeper 
            of the Senate, the Secretary for the Majority, and the 
            Secretary for the Minority, and such additional number as is 
            otherwise specifically authorized by law. (Pub. L. 99-88, 
            Title I, Sec. 192, Aug. 15, 1985, 99 Stat. 349; Pub. L. 100-
            202, Sec. 101(i) [Title I, Sec. 3(a)], Dec. 22, 1987, 101 
            Stat. 1329-290, 1329-294.)
       376  Sec. 68-6. Transfers from appropriations accounts for 
                expenses of Office of Secretary of Senate and Office of 
                Sergeant at Arms and Doorkeeper of 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

[[Page 297]]

            ``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. (Pub. L. 100-458, Title I, 
            Sec. 3, Oct. 1, 1988, 102 Stat. 2161; Pub. L. 101-302, Title 
            III, Sec. 317, May 25, 1990, 104 Stat. 247.)
       377  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 to which the 
            funds are transferred. (Pub. L. 101-520, Title I, Sec. 5, 
            Nov. 5, 1990, 104 Stat. 2258.)
       378  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.

[[Page 298]]

            (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.)
       379  Sec. 68-8. Vouchering Senate office charges.
            (a) Senate support office charges
                Charges for expenses of any office, the funds of which 
            are disbursed by the Secretary of the Senate, may be 
            vouchered by a Senate support office paying such expenses or 
            to which such charges are owed for goods or services 
            provided, if--
                            (1) such charges are paid on behalf of the 
                        office incurring such expenses by such Senate 
                        support office; or
                            (2) such charges are payable to such Senate 
                        support office for goods or services provided by 
                        such office to the office incurring such 
                        expenses.
            (b) Payment charged to official funds
                Payments under this section shall be charged to the 
            official funds of the office on whose behalf the expenses 
            were paid, or which received the goods or services for which 
            payment is required.
            (c) Certification
                Any voucher submitted by a Senate support office 
            pursuant to this section shall be accompanied by a 
            certification from such office of the amount and that such 
            purchases were of the nature that they could be charged to 
            the official funds of the office on whose behalf charges 
            were paid, or to which goods or services were provided.
            (d) Regulations
                Vouchers under this section shall be submitted and paid 
            subject to such regulations as may be promulgated by the 
            Committee on Rules and Administration.

            (Pub. L. 103-69, Title I, Sec. 1, Aug. 11, 1993, 107 Stat. 
            695.)

       380  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) 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(a), 63 Stat. 
            380.)

[[Page 299]]


       381  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'' 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 Administration; except that 
            (1) higher rates may be established by the Committee on 
            Rules and Administration for travel beyond the limits of the 
            continental United States, and (2) in accordance with 
            regulations prescribed by the Committee on Rules and 
            Administration of the Senate, reimbursement for such 
            expenses may be made on an actual expense basis of not to 
            exceed the daily rate prescribed by the Committee on Rules 
            and Administration in the case of travel within the 
            continental limits of the United States. This section 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. 
            (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.)
       382  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'' 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, Sec. 101, 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.
       383  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.)

[[Page 300]]


       384  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 in detail for the expenses so incurred. (Mar. 3, 
            1879, Ch. 183, 20 Stat. 419; June 10, 1921, Ch. 18, 
            Sec. 305, 42 Stat. 24; 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 371).
       385  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.)

       386  Sec. 69a. Orientation seminars, etc., for new Senators, 
                Senate 
                officials or members of staffs of Senators or Senate 
                officials; payment of expenses.
                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. (Pub. L. 96-38, Title I, Sec. 107(a), July 25, 
            1979, 93 Stat. 112; Pub. L. 99-88, Sec. 193, Aug. 15, 1985, 
            99 Stat. 349; Pub. L. 100-202, Sec. 101(i) [Title I, 
            Sec. 6], Dec. 22, 1987, 101 Stat. 1329-290, 1329-294; Pub. 
            L. 102-392, Title I, Sec. 3, Oct. 6, 1992, 106 Stat. 1706.)
       387  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

[[Page 301]]

            ``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.)

       388  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 Senate 
                contingent fund
                (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.)
            (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

[[Page 302]]

            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 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.
            (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 Senate or Chief 
                Administrative Officer of 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 pursuant to 
            resolutions, which shall specify the maximum amounts which 
            may be used for such purpose, approved by such respective 
            Houses, to provide assistance for members of its 
            professional staff in obtaining specialized training, 
            whenever that committee determines that such training will 
            aid the committee in the discharge of its responsibilities. 
            Any joint committee of the Congress whose expenses are paid 
            out of funds disbursed by the Secretary of the Senate or by 
            the Chief Administrative Officer of the House of 
            Representatives, the Committee on Appropriations of the 
            Senate, and the Majority Policy Committee and Minority 
            Policy

[[Page 303]]

            Committee of the Senate are each authorized to expend, for 
            the purpose of providing assistance in accordance with 
            paragraphs (2), (3), and (4) of this subsection for members 
            of its staff in obtaining such training, any part of amounts 
            appropriated to that committee.
                (2) Such assistance may be in the form of continuance of 
            pay during periods of training or grants of funds to pay 
            tuition, fees, or such other expenses of training, or both, 
            as may be approved by the Committee on Rules and 
            Administration or the Committee on House Administration, as 
            the case may be.
                (3) A committee providing assistance under this 
            subsection shall obtain from any employee receiving such 
            assistance such agreement with respect to continued 
            employment with the committee as the committee may deem 
            necessary to assure that it will receive the benefits of 
            such employee's services upon completion of his training.
                (4) During any period for which an employee is separated 
            from employment with a committee for the purpose of 
            undergoing training under this subsection, such employee 
            shall be considered to have performed service (in a nonpay 
            status) as an employee of the committee at the rate of 
            compensation received immediately prior to commencing such 
            training (including any increases in compensation provided 
            by law during the period of training) for the purposes of--
                            (A) subchapter III (relating to civil 
                        service retirement) of chapter 83 of Title 5,
                            (B) chapter 87 (relating to Federal 
                        employees group life insurance) of Title 5, and
                            (C) chapter 89 (relating to Federal 
                        employees group health insurance) of Title 5. 
                        (Aug. 2, 1946, Ch. 753, Sec. 202, 60 Stat. 834; 
                        July 30, 1947, Ch. 361, Sec. 101, 61 Stat. 611; 
                        Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955, 
                        Ch. 568, Sec. 12, 69 Stat. 509; Pub. L. 85-462, 
                        Sec. 4(o), June 20, 1958, 72 Stat. 209; Pub. L. 
                        88-426, Title II, Sec. 202(j), Aug. 14, 1964, 78 
                        Stat. 414; Pub. L. 91-510, Sec. Sec. 301(a)-(c), 
                        303-304, Title IV, Sec. 477(a)(3), Oct. 26, 
                        1970, 84 Stat. 1175, 1176, 1179, 1180, 1195; 
                        Pub. L. 92-136, Sec. 5, Oct. 11, 1971, 85 Stat. 
                        378; H. Res. 549, Mar. 25, 1980; Pub. L. 100-
                        458, Sec. 312, Oct. 1, 1988, 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.)
       389  Sec. 72a-1e. Assistance to Senators with committee 
                memberships by employees in office of Senator.
            (1) Designation
                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) Certification; professional staff privileges
                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,

[[Page 304]]

            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) Termination
                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.)
       390  Sec. 72a-1g. Referral of ethics violations by Senate Ethics 
                Committee to General Accounting Office for 
                investigation.
                If the Committee on Ethics of the Senate determines that 
            there is a reasonable basis to believe that a Member, 
            officer, or employee of the Senate may have committed an 
            ethics violation, the committee may request the Office of 
            Special Investigations of the General Accounting Office to 
            conduct factfinding and an investigation into the matter. 
            The Office of Special Investigations shall promptly 
            investigate the matter as directed by the committee. (Pub. 
            L. 101-194, Title V, Sec. 501, Nov. 30, 1989, 103 Stat. 
            1753.)
       391  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 October 21, 1998, whichever is later.

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

       392  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

[[Page 305]]

            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.)

       393  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.)
       394  Sec. 88a. Repealed. (Pub. L. 104-186, Title II, 
                Sec. 204(34)(A), Aug. 20, 1996, 110 Stat. 1734.)

  

       395  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.)
       396  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--

[[Page 306]]

                            (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. 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.)

       397  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.)
       398  Sec. 101. Subletting duties of employees of Senate or House.
                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.)
       399  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

[[Page 307]]

            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. (Pub. L. 85-58, Ch. XI, June 21, 
            1957, 71 Stat. 190; Pub. L. 94-303, Sec. 118(a), June 1, 
            1976, 90 Stat. 615; Pub. L. 104-186, Title II, Sec. 204 
            (53), Aug. 20, 1996, 110 Stat. 1737.)
       400  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 section 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

[[Page 308]]

            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.
                (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.
                (5)(A) Notwithstanding the requirements of paragraph (1) 
            relating to the level of detail of statement and 
            itemization, each report by the Secretary of the Senate 
            required under such paragraph shall be compiled at a summary 
            level for each office of the Senate authorized to obligate 
            appropriated funds.
                            (B) Subparagraph (A) shall not apply to the 
                        reporting of expenditures relating to personnel 
                        compensation, travel and transportation of 
                        persons, other contractual services, and 
                        acquisition of assets.
                            (C) In carrying out this paragraph the 
                        Secretary of the Senate shall apply the Standard 
                        Federal Object Classification of Expenses as the 
                        Secretary determines appropriate. (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; 
                        Pub. L. 106-554, Sec. 1(a)(2) [Title I, 
                        Sec. 1(a)], Dec. 21, 2000, 114 Stat. 2763, 
                        2763A-95.)
       401  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 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, 30 Stat. 136; June 7, 1924, Ch. 303, Sec. 1, 43 Stat. 
            586.)
       402  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

[[Page 309]]

            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.)
       403  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 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.)
       404  Sec. 108. Contracts for separate parts of Senate 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.)
       405  Sec. 109. American goods to be preferred in purchases for 
                Senate and House.
                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.)
       406  Sec. 110. Purchase of paper, envelopes, etc., for stationery 
                rooms of Senate and House.
                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.)
       407  Sec. 111. Purchase of supplies for Senate and House.
                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; Ex. Ord. No. 6166, Sec. 1, June 10, 
            1933; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)

[[Page 310]]


       408  Sec. 111a. Receipts from sales of items by Sergeant at Arms 
                and Doorkeeper of Senate, to Senators, etc., to be 
                credited to appropriation from which purchased.
                In any case in which appropriated funds are used by a 
            Senator or a committee or office of the Senate to purchase 
            from the Sergeant at Arms and Doorkeeper of the Senate items 
            which were purchased by him from the appropriation for 
            ``miscellaneous items'' under ``Contingent Expenses of the 
            Senate'' in any appropriation Act, the amounts received by 
            the Sergeant at Arms and Doorkeeper shall be deposited in 
            the Treasury of the United States for credit to such 
            appropriation. This section does not apply to amounts 
            received from the sale of used or surplus furniture and 
            equipment. (Pub. L. 96-214, Mar. 24, 1980, 94 Stat. 122.)
       409  Sec. 112. Purchases of stationery and materials for folding.
                Purchases of stationery and materials for folding shall 
            be made in accordance with sections 106 to 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, 
            Sec. Sec. 102, 121, 60 Stat. 814, 822; Aug. 20, 1996, Pub. 
            L. 104-186, Title II, Sec. 204(58), 110 Stat. 1738.)
       410  Sec. 113. Detailed reports of receipts and expenditures by 
                Secretary of Senate and Chief Administrative Officer of 
                House.\1\
                \1\ Superseded by section 105(a) of Pub. L. 88-454, Aug. 
                20, 1964, 78 Stat. 550, as amended. See Senate Manual 
                section 400.
                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.)
       411  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.)
       412  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

[[Page 311]]

            Treasury. (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 337; May 
            29, 1928, ch. 901, Sec. 1, 45 Stat. 995; Pub. L. 104-186, 
            Title II, Sec. 204(62), Aug. 20, 1996, 110 Stat. 1739.)
       413  Sec. 117b. Disposal of used or surplus furniture and 
                equipment by Sergeant at Arms and Doorkeeper of Senate; 
                procedure; deposit of receipts.
                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 
            appropriation for ``Miscellaneous Items'' under the heading 
            ``Contingent Expenses of the Senate''. (Pub. L. 95-94, Title 
            I, Sec. 103, Aug. 5, 1977, 91 Stat. 660; Pub. L. 97-51, 
            Sec. 118, Oct. 1, 1981, 95 Stat. 964.)
       414  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.'' (Pub. L. 97-276, 
            Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.)
       415  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 7801 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.

[[Page 312]]

            (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.)
       416  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 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.)
       417  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.)
       418  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, Title I, Sec. Sec. 102, 121, 60 
            Stat. 814, 822; Pub. L. 104-186, Title II, Sec. 204(65), 
            Aug. 20, 1996, 110 Stat. 1739.)
       419  Sec. 121. Senate restaurant deficit fund; deposit 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 2042 of this title (Senate Manual 
            section 796).

[[Page 313]]


       420  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.
                (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 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 5104(c), 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.
                (3) Agency contributions for employees of Senate Hair 
            Care Services shall be paid from the appropriations account 
            for ``Salaries, Officers and Employees''.\1\
                \1\ Pub. L. 106-554, Sec. 1(a)(2) [Title I Sec. 3(a)], 
                Dec. 21, 2000, 114 Stat. 2763, 2763A-96 amended 
                subsection (c) and added a second paragraph (3) pursuant 
                to a drafting error.
                (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 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; Pub. L. 106-554, Sec. 1(a)(2) [Title I, 
            Sec. 3(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96.)

[[Page 314]]


       421  Sec. 121c. Office of Senate Health Promotion.
            (a) Establishment
                The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized to establish an Office of Senate Health 
            Promotion.
            (b) Fees, assessments, and charges
                (1) In carrying out this section, the Sergeant at Arms 
            and Doorkeeper of the Senate is authorized to establish, or 
            provide for the establishment of, exercise classes and other 
            health services and activities on a continuing and regular 
            basis. In providing for such classes, services, and 
            activities, the Sergeant at Arms and Doorkeeper of the 
            Senate is authorized to impose and collect fees, 
            assessments, and other charges to defray the costs involved 
            in promoting the health of Members, officers, and employees 
            of the Senate. For purposes of this section, the term 
            ``employees of the Senate'' shall have such meaning as the 
            Sergeant at Arms, by regulation, may prescribe.
                (2) All fees, assessments, and charges imposed and 
            collected by the Sergeant at Arms pursuant to paragraph (1) 
            shall be deposited in the revolving fund established 
            pursuant to subsection (c) of this section and shall be 
            available for purposes of this section.
            (c) Senate Health Promotion Revolving Fund
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Senate Health Promotion Revolving 
            Fund (hereinafter referred to in this section as the 
            ``fund''). The fund shall consist of all amounts collected 
            or received by the Sergeant at Arms and Doorkeeper of the 
            Senate as fees, assessments, and other charges for 
            activities and services to carry out the provisions of this 
            section. All moneys in the fund shall be available without 
            fiscal year limitation for disbursement by the Secretary of 
            the Senate for promoting the health of Members, officers, 
            and employees of the Senate. On or before December 31 of 
            each year, the Secretary of the Senate shall withdraw from 
            the fund and deposit in the Treasury of the United States as 
            miscellaneous receipts all 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 5104(c) 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, Title I, Sec. 2, Aug. 14, 1991, 105 Stat. 
            450.)

[[Page 315]]


       422  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
                (1) There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Senate Gift Shop Revolving Fund 
            (hereafter referred to in this section as the ``fund''). The 
            fund shall consist of all amounts collected or received by 
            the Secretary of the Senate from sales and services by the 
            Senate Gift Shop. All moneys in the fund shall be available 
            without fiscal year limitation for disbursement by the 
            Secretary of the Senate in connection with the operation of 
            the Senate Gift Shop, including supplies, equipment, and 
            other expenses. In addition, such moneys may be used by the 
            Secretary of the Senate to reimburse the Senate 
            appropriations account, appropriated under the heading 
            ``SALARIES, OFFICERS AND EMPLOYEES'' and ``OFFICE OF THE 
            SECRETARY'', for amounts used from such account to pay the 
            salaries of employees of the Senate Gift Shop.
                (2) The Secretary of the Senate may transfer from the 
            fund to the Capitol Preservation Fund the net profits (as 
            determined by the Secretary) from sales of items by the 
            Senate Gift Shop which are intended to benefit the Capitol 
            Visitor Center.
            (d) Exception to prohibition of sale or solicitation on 
                Capitol Grounds
                The provisions of section 5104(c) 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.

[[Page 316]]

            (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; Pub. L. 107-68, Title 
            I, Sec. 107(a), Nov. 12, 2001, 115 Stat. 568.)
       423  Sec. 121e. Payment of fees for services of Attending 
                Physician and for use of Senate health and fitness 
                facilities.
            (a) Regulations
                The Senate Committee on Rules and Administration shall 
            promulgate regulations--
                            (1) pertaining to the services provided by 
                        the Attending Physician and the operation and 
                        use of the Senate health and fitness facilities; 
                        and
                            (2) requiring the payment of fees for 
                        services received from the Attending Physician 
                        and for the use of the Senate health and fitness 
                        facilities pursuant to such regulations.
            (b) Withholding of fees from salary
                The Secretary of the Senate is authorized to withhold 
            fees from the salary of an individual authorized by such 
            regulations to receive such services from the Attending 
            Physician and to use the Senate health and fitness 
            facilities.
            (c) Deposit in General Fund
                The Secretary of the Senate shall remit all fees 
            required by subsection (a)(2) of this section that are 
            collected pursuant to subsection (b) of this section or by 
            direct payment to the General Fund of the Treasury as 
            miscellaneous receipts unless otherwise provided by law.
            (d) Effective date
                The provision of this section shall take effect on April 
            9, 1992. (Pub. L. 102-392, Title III, Sec. 314, Oct. 6, 
            1992, 106 Stat. 1723.)
       424  Sec. 121f. Senate Health and Fitness Facility Revolving 
                Fund.
                (a) There is established in the Treasury of the United 
            States a revolving fund to be known as the Senate Health and 
            Fitness Facility Revolving Fund (``the revolving fund'').
                (b) The Architect of the Capitol shall deposit in the 
            revolving fund--
                            (1) any amounts received as dues or other 
                        assessments for use of the Senate Health and 
                        Fitness Facility, and
                            (2) any amounts received from the operation 
                        of the Senate waste recycling program.
                (c) Subject to the approval of the Committee on 
            Appropriations of the Senate, amounts in the revolving fund 
            shall be available to the Architect of the Capitol, without 
            fiscal year limitation, for payment of costs of the Senate 
            Health and Fitness Facility.
                (d) The Architect of the Capitol 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 Architect determines

[[Page 317]]

            are in excess of the current and reasonably foreseeable 
            needs of the Senate Health and Fitness Facility.
                (e) Subject to the approval of the Committee on Rules 
            and Administration of the Senate, the Architect of the 
            Capitol may issue such regulations as may be necessary to 
            carry out the provisions of this section. (Pub. L. 106-554, 
            Sec. 1(a)(2) [Title I, Sec. 4], Dec. 21, 2000, 114 Stat. 
            2763, 2763A-96.)
       425  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 shall set the price of making disk, film, and tape 
            recordings and all

[[Page 318]]

            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 319]]

            (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 320]]

            (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.)
       426  Sec. 123b-1. Senate Recording Studio and Senate Photographic 

                Studio as successors to Senate Recording and 
                Photographic Studios; rules, regulations, and fees for 
                photographs and photographic services.
                (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. (Pub. L. 96-304, Title I, Sec. 108, July 8, 
            1980, 94 Stat. 890; Pub. L. 101-520, Title I, Sec. 7(d), 
            Nov. 5, 1990, 104 Stat. 2259.)
       427  Sec. 123c. Data processing equipment, software, and 
                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. (Pub. L. 94-32, Title I, June 12, 
            1975, 89 Stat. 182; Pub. L. 95-26, Title I, Sec. 103, May 4, 
            1977, 91 Stat. 82.)

[[Page 321]]


       428  Sec. 123c-1. Advance payments for computer programming 
                services.
                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.)
       429  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 322]]

            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. (Pub. L. 94-303, Title I, Sec. 116, June 1, 1976, 90 
            Stat. 614.)
       430  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.)
       431  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 323]]


       432  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, Aug. 27, 1966, 80 
            Stat. 354.)
       433  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, 
            July 27, 1965, 79 Stat. 266; Pub. L. 97-12, Sec. 105, June 
            5, 1981, 95 Stat. 61.)
       434  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 324]]


       435  Sec. 130b. Jury and witness service by Senate and House 
                employees.
            (a) Definitions
                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) Service as juror or witness in connection with a 
                judicial proceeding; prohibition against reduction in 
                pay
                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) Official duty
                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) Prohibition on receipt of jury or witness fees
                (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

[[Page 325]]

            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) Travel expenses
                (1) An employee summoned (and authorized to respond to 
            such summons by the House of the Congress disbursing his 
            pay), or assigned by such House, to testify or produce 
            official records on behalf of the United States is entitled 
            to travel expenses. If the case involves an activity in 
            connection with which he is employed, the travel expenses 
            shall be paid from funds otherwise available for the payment 
            of travel expenses of such House in accordance with travel 
            regulations of that 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) Rules and regulations
                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) Congressional consent not conferred for production of 
                official records or to testimony concerning activities 
                related to employment
                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 that House concerning activities related 
            to his employment. (Pub. L. 91-563, Sec. 6, Dec. 19, 1970, 
            84 Stat. 1478; Pub. L. 94-310, Sec. 2, June 15, 1976, 90 
            Stat. 687; Pub. L. 104-186, Title II, Sec. 204(74), (75), 
            Aug. 20, 1996, 110 Stat. 1741.)
       436  Sec. 130c. Waiver by Secretary of Senate of claims of United 
                States arising out of erroneous payments to Vice 
                President, Senator, or Senate employee paid by Secretary 
                of 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

[[Page 326]]

            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 employee, or any other 
                        person having an interest in obtaining a waiver 
                        of the claim; or
                            (2) if the application for waiver is 
                        received in his office after the expiration of 3 
                        years immediately following the date on which 
                        the erroneous payment of pay or allowances was 
                        discovered.
            (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.)
       437  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.)
       438  Sec. 130g. Emergency situations; provisions of facilities, 
                equipment, supplies, personnel, and other support 
                services for use of Senate.
                (a) Notwithstanding any other provision of law--
                            (1) Subject to subsection (b) of this 
                        section, the Sergeant at Arms of the Senate and 
                        the head of an executive agency (as defined

[[Page 327]]

                        in section 105 of Title 5), may enter into a 
                        memorandum of understanding under which the 
                        agency may provide facilities, equipment, 
                        supplies, personnel, and other support services 
                        for the use of the Senate during an emergency 
                        situation; and
                            (2) The Sergeant at Arms of the Senate and 
                        the head of the agency may take any action 
                        necessary to carry out the terms of the 
                        memorandum of understanding.
                (b) The Sergeant at Arms of the Senate may enter into a 
            memorandum of understanding described in subsection (a)(1) 
            of this section consistent with the Senate Procurement 
            Regulations.
                (c) This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. (Pub. L. 107-117, Div. 
            B, ch. 9, Sec. 902, Jan. 10, 2002, 115 Stat. 2316.)
            
                           Chapter 5.--LIBRARY OF CONGRESS

       439  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. 1329-290, 1329-
            310.)
       440  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.)
       441  Sec. 132a. Appropriations for increase of general library.
                The unexpended balance of any sums appropriated by 
            Congress for the increase of the general library, together 
            with such sums as may hereafter be appropriated to the same 
            purpose, shall be 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 444).
       442  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.)
       443  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

[[Page 328]]

            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.)
       444  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.)
       445  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 of pay 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.)
       446  Sec. 138. Law library; hours kept open.
                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.)
       447  Sec. 139. Report of Librarian of Congress.
                The Librarian of Congress shall make to Congress not 
            later than April 1, a report for the preceding fiscal year, 
            as to the affairs of the Library of Congress, including the 
            copyright business, and said report shall also include a 
            detailed statement of all receipts and expenditures on 
            account of the Library and said copyright business. (Feb. 
            19, 1897, ch. 265, Sec. 1, 29 Stat. 546; April 21, 1976, 
            Pub. L. 94-273, Sec. 30, 90 Stat. 380.)
       448  Sec. 141a. Design, installation, and maintenance of security 
                systems; transfer of responsibility.
                The responsibility for design, installation, and 
            maintenance of security systems to protect the physical 
            security of the buildings and grounds of the Library of 
            Congress is transferred from the Architect of the Capitol to 
            the Capitol Police Board. Such design, installation, and 
            maintenance shall be carried out under the direction of the 
            Committee on House Oversight of the House of Representatives 
            and the Committee on Rules and Administration of the Senate, 
            and without regard to section 3709 of the Revised Statutes 
            of the United States (41 U.S.C. 5). Any alteration to a 
            structural, mechanical, or architectural feature of the 
            buildings and grounds of the Library of Congress that is 
            required for a security system under the preceding sentence 
            may be carried out only with the approval of the Architect 
            of the Capitol. (Pub. L. 105-277, Div. B, Title II, Oct. 21, 
            1998, 112 Stat. 2681-570.)

[[Page 329]]


       449  Sec. 142j. John C. Stennis Center for Public Service 
                Training and Development; disbursement of funds, 
                computation and disbursement of basic pay, and provision 
                of financial management services and support by Library 
                of Congress; payment for services.
                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 661 through 670).
       450  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, and must not be taken therefrom. (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 1152 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 1162).
       451  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.)
       452  Sec. 146. Deposit of Journals of Senate and House.
                Twenty-five copies of the public Journals of the Senate, 
            and of the House of Representatives, shall be deposited in 
            the Library of the United States, at the seat of government, 
            to be delivered to Members of Congress during any session, 
            and to all other persons authorized by law to use the books 
            in the Library, upon their application to the Librarian,

[[Page 330]]

            and giving their responsible receipts for the same, in like 
            manner as for other books. (R.S. Sec. 98.)
       453  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 and the vice chair 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). Upon request of the chair of the 
            Board, any member whose term has expired may continue to 
            serve on the Trust Fund Board until the earlier of the date 
            on which such member's successor is appointed or the 
            expiration of the 1-year period which begins on the date 
            such member's term expires. Seven 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; Nov. 9, 2000, Pub. L. 106-481, 
            Title II, Sec. 201, 114 Stat. 2190.)
       454  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. (Mar. 3, 1925, 
            ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 213, 49 
            Stat. 1205.)
       455  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

[[Page 331]]

            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.)
       456  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.)
       457  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.)

       458  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

[[Page 332]]

            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; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 
            991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)
       459  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.

            (Mar. 3, 1925, ch. 423, Sec. 4, 43 Stat. 1108; Oct. 7, 1997, 
            Pub. L. 105-55, Title II, Sec. 208, 111 Stat. 1194.)

       460  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. (Mar. 3, 1925, ch. 423, Sec. 5, 43 Stat. 1108; 
            Oct. 2, 1942, ch. 576, 56 Stat. 765.)
       461  Sec. 166. Congressional Research Service.

  

            (a) Redesignation of Legislative Reference Service
                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''.
            (b) Functions and objectives
                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.

[[Page 333]]

            (c) Appointment and compensation of Director, Deputy 
                Director, and other necessary personnel; minimum grade 
                for Senior Specialists; placement in grades GS-16, 17, 
                and 18 of Specialists and Senior Specialists; 
                appointment without regard to civil service laws and 
                political affiliation and on basis of fitness to perform 
                duties
                (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 per annum 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 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.
            (d) Duties of Service; assistance to Congressional 
                Committees; list of terminating programs and subjects 
                for analysis; legislative data, studies etc.; 
                information research; digest of bills, preparation; 
                legislation, purpose and effect, and preparation of 
                memoranda; information and research capability, 
                development
                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;

[[Page 334]]

                                (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;
                (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.

[[Page 335]]

            (e) Specialists and Senior Specialists; appointment; fields 
                of 
                appointment
                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
                            (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.

            (f) Duties of Director; establishment and change of research 
                and reference divisions or other organizational units, 
                or both
                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,

[[Page 336]]

                  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.
            (g) Budget estimates
                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.
            (h) Experts or consultants, individual or organizational, 
                and 
                persons and organizations with specialized knowledge; 
                procurement of temporary or intermittent assistance; 
                contracts, nonpersonal and personal service; 
                advertisement requirements inapplicable; end product; 
                pay; travel time
                (1) The Director of the Congressional Research Service 
            may procure the temporary or intermittent assistance of 
            individual experts or consultants (including stenographic 
            reporters) and of persons learned in particular or 
            specialized fields of knowledge--
                            (A) by nonpersonal service contract, without 
                        regard to any provision of law requiring 
                        advertising for contract bids, with the 
                        individual expert, consultant, or other person 
                        concerned, as an independent contractor, for the 
                        furnishing by him to the Congressional Research 
                        Service of a written study, treatise, theme, 
                        discourse, dissertation, thesis, summary, 
                        advisory opinion, or other end product; or
                            (B) by employment (for a period of not more 
                        than one year) in the Congressional Research 
                        Service of the individual expert, consultant, or 
                        other person concerned, by personal service 
                        contract or otherwise, without regard to the 
                        position classification laws, at a rate of pay 
                        not in excess of the per diem equivalent of the 
                        highest rate of basic pay then currently in 
                        effect for the General Schedule of section 5332 
                        of Title 5, including payment of such rate for 
                        necessary travel time.
                (2) The Director of the Congressional Research Service 
            may procure by contract, without regard to any provision of 
            law requiring advertising for contract bids, the temporary 
            (for respective periods not in excess of one year) or 
            intermittent assistance of educational, research, or other 
            organizations of experts and consultants (including 
            stenographic reporters) and of educational, research, and 
            other organizations of persons learned in particular or 
            specialized fields of knowledge.
            (i) Special report to Joint Committee on the Library
                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.
            (j) Authorization of appropriations
                There are hereby authorized to be appropriated to the 
            Congressional Research Service each fiscal year such sums as 
            may be necessary to

[[Page 337]]

            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(a), 84 Stat. 1181; 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

       465  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. (R.S. Sec. 101; June 26, 1884, ch. 123, 23 Stat. 
            60; June 22, 1938, ch. 594, 52 Stat. 942, 943.)
       466  Sec. 192. Refusal of witness to testify or produce papers.
                Every person who having been summoned as a witness by 
            the authority of either House of Congress to give testimony 
            or to produce papers upon any matter under inquiry before 
            either House, or any joint committee established by a joint 
            or concurrent resolution of the two Houses of Congress, or 
            any committee of either House of Congress willfully makes 
            default, or who, having appeared, refuses to answer any 
            question pertinent to the question under inquiry, shall be 
            deemed guilty of a misdemeanor, punishable by a fine of not 
            more than $1,000 nor less than $100 and imprisonment in a 
            common jail for not less than one month nor more than twelve 
            months. (R.S. Sec. 102; June 22, 1938, ch. 594, 52 Stat. 
            942.)
       467  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. (R.S. Sec. 103; June 22, 
            1938, ch. 594, 52 Stat. 942.)

[[Page 338]]


       468  Sec. 194. Certification of failure to testify or produce; 
                grand jury action.
                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. (R.S. Sec. 104; July 13, 
            1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 
            Stat. 942.)
       469  Sec. 194a. Request by Congressional committees to officers 
                or 
                employees of 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. 
            (Pub. L. 92-352, Sec. 502, July 13, 1972, 86 Stat. 496; Pub. 
            L. 93-126, Sec. 17, Oct. 18, 1973, 87 Stat. 455; Pub. L. 
            105-277, div G, Title XII, Sec. 1225(g), Title XIII, 
            Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-789.)
       470  Sec. 194b. Omitted.

  

       471  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. (Pub. L. 86-628, July 12, 1960, 74 Stat. 449.)

[[Page 339]]


       472  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. (Pub. L. 93-371, Sec. 7, 
            Aug. 13, 1974, 88 Stat. 431.)
       473  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.)
       474  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(b), 84 Stat. 1193.)
       475  Sec. Sec. 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

       476  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 Legislative Counsel of the Senate. (Feb. 
            24, 1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 
            1924, ch. 234, Title XI, Sec. 1101, 43 Stat. 353.)
       477  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.)
       478  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,

[[Page 340]]

            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.)
       479  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.)
       480  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.)
       481  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.)
       482  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 Legislative Counsel of the 
            Senate. (Pub. L. 98-51, Title I, Sec. 105, July 14, 1983, 97 
            Stat. 267.)
       483  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. (Pub. L. 98-51, 
            Sec. 106, July 14, 1983, 97 Stat. 267.)

[[Page 341]]



            
                     Chapter 9D.--OFFICE OF SENATE LEGAL COUNSEL

       484  Sec. 288. Office of Senate Legal Counsel.

  

            (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 at a rate equal to the 
            annual rate of basic pay for level IV of the Executive 
            Schedule under section 5315 of Title 5.
            (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

[[Page 342]]

            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.
            (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.
            (d) Policies and procedures
                The Counsel may establish such policies and procedures 
            as may be necessary to carry out the provisions of this 
            chapter.
            (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.
            (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. (Pub. L. 95-521, Title VII, 
            Sec. 701, Oct. 26, 1978, 92 Stat. 1875.)
       485  Sec. 288a. Senate Joint Leadership Group.

  

            (a) Accountability of Office
                The Office shall be directly accountable to the Joint 
            Leadership Group in the performance of the duties of the 
            Office.
            (b) Membership
                For purposes of this chapter, the Joint Leadership Group 
            shall consist of the following Members:
                            (1) The President pro tempore (or if he so 
                        designates, the Deputy President pro tempore) of 
                        the Senate.
                            (2) The majority and minority leaders of the 
                        Senate.
                            (3) The chairman and ranking minority member 
                        of the Committee on the Judiciary of the Senate.
                            (4) The chairman and ranking minority Member 
                        of the committee of the Senate which has 
                        jurisdiction over the contingent fund of the 
                        Senate.

[[Page 343]]

            (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. 
            (Pub. L. 95-521, Title VII, Sec. 702, Oct. 26, 1978, 92 
            Stat. 1877.)
       486  Sec. 288b. Requirements for authorizing representation 
                activity.

  

            (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.
            (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.
            (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.
            (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.
            (e) Resolution recommendations
                (e) The Office shall make no recommendation with respect 
            to the consideration of a resolution under this section. 
            (Pub. L. 95-521, Title VII, Sec. 703, Oct. 26, 1978, 92 
            Stat. 1877.)
       487  Sec. 288c. Defending the Senate, committee, subcommittee, 
                member, officer, or employee of Senate.
                (a) Except as otherwise provided in subsection (b) of 
            this section, when directed to do so pursuant to section 
            288b(a) of this title, the Counsel shall--
                            (1) defend the Senate, a committee, 
                        subcommittee, Member, officer, or employee of 
                        the Senate in any civil action pending in any 
                        court of the United States or of a State or 
                        political subdivision thereof, in which the 
                        Senate, such committee, subcommittee, Member, 
                        officer, or employee is made a party defendant 
                        and in which there is placed in issue the 
                        validity of any proceeding of, or action, 
                        including issuance of any subpena or order, 
                        taken by the Senate,

[[Page 344]]

                        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. (Pub. L. 95-521, Title VII, Sec. 704, Oct. 26, 
            1978, 92 Stat. 1877.)
       488  Sec. 288d. Enforcement of Senate subpena or order.

  

            (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.
            (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.
            (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.

            (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

[[Page 345]]

                            (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.
            (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.
            (f) Omitted
            (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. (Pub. L. 95-
                        521, Title VII, Sec. 705, Oct. 26, 1978, 92 
                        Stat. 1878; Pub. L. 99-336, Sec. 6(a)(2), June 
                        19, 1986, 100 Stat. 639.)
       489  Sec. 288e. Intervention or appearance.
            (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.
            (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.
            (c) Powers and responsibilities of Congress
                The Counsel shall limit any intervention or appearance 
            as amicus curiae in an action or proceeding to issues 
            relating to the powers and responsibilities of Congress. 
            (Pub. L. 95-521, Title VII, Sec. 706, Oct. 26, 1978, 92 
            Stat. 1880.)
       490  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

[[Page 346]]

            States district court to issue an order granting immunity 
            pursuant to section 6005 of Title 18. (Pub. L. 95-521, Title 
            VII, Sec. 707, Oct. 26, 1978, 92 Stat. 1880.)
       491  Sec. 288g. Advisory and other functions.
            (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.
            (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.
            (c) Miscellaneous duties
                The Counsel shall perform such other duties consistent 
            with the purposes and limitations of this chapter as the 
            Senate may direct. (Pub. L. 95-521, Title VII, Sec. 708, 
            Oct. 26, 1978, 92 Stat. 1880.)
       492  Sec. 288h. Defense of certain constitutional powers.
                In performing any function under this chapter, the 
            Counsel shall defend vigorously when placed in issue--

[[Page 347]]

                            (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. (Pub. L. 95-521, 
                        Title VII, Sec. 709, Oct. 26, 1978, 92 Stat. 
                        1881.)
       493  Sec. 288i. Representation conflict or inconsistency.
            (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.
            (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.
            (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

[[Page 348]]

                            (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.
            (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. (Pub. L. 
            95-521, Title VII, Sec. 710, Oct. 26, 1978, 92 Stat. 1882.)
       494  Sec. 288j. Consideration of resolutions to direct counsel.
            (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.
            (b) ``Committee'' defined
                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.
            (c) Rules of the Senate
                The provisions of this section are enacted--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate, 
                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and

[[Page 349]]

                            (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. (Pub. L. 95-521, Title VII, 
                        Sec. 711, Oct. 26, 1978, 92 Stat. 1882.)
       495  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 Counsel as 
            required by section 530D of Title 28. (Pub. L. 95-521, Title 
            VII, Sec. 712, Oct. 26, 1978, 92 Stat. 1883; Pub. L. 107-
            273, Sec. 202(b)(2), Nov. 2, 2002, 116 Stat. 1774.)
       496  Sec. 288l. Procedural provisions.
            (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.
            (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.
            (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. (Pub. L. 95-521, Title VII, Sec. 713, Oct. 26, 
            1978, 92 Stat. 1883.)

[[Page 350]]


       497  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. 
            (Pub. L. 95-521, Title VII, Sec. 716, Oct. 26, 1978, 92 
            Stat. 1885.)
            
              Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND 
                                    COMPENSATION

       500  Sec. 351. Establishment.
                There is hereby established a commission to be known as 
            the Citizens' Commission on Public Service and Compensation 
            (hereinafter referred to as the ``Commission''). (Pub. L. 
            90-206, Sec. 225(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 
            101-194, Title VII, Sec. 701(a)(1), Nov. 30, 1989, 103 Stat. 
            1763.)
       501  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);
                            (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 Com

[[Page 351]]

            mission 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. (Pub. L. 90-
            206, Sec. 225(b), Dec. 16, 1967, 81 Stat. 642; Pub. L. 99-
            190, Sec. 135(a), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-
            194, Title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.)
       502  Sec. 353. Executive Director; additional personnel; detail 
                of 
                personnel of other agencies.
                (1) Without regard to the provisions of Title 5 
            governing appointments in the competitive service, and the 
            provisions of chapter 51 and subchapter III of chapter 53 of 
            such title, relating to classification and General Schedule 
            pay rates, and on a temporary basis for periods covering all 
            or part of any fiscal year referred to in subparagraphs (A) 
            and (B) of section 352(8) of this title--
                            (A) the Commission is authorized to appoint 
                        an Executive Director and fix his basic pay at 
                        the rate provided for level V of the Executive 
                        Schedule by section 5316 of Title 5; and
                            (B) with the approval of the Commission, the 
                        Executive Director is authorized to appoint and 
                        fix the basic pay (at respective rates not in 
                        excess of the maximum rate of the General 
                        Schedule in section 5332 of Title 5) of such 
                        additional personnel as may be necessary to 
                        carry out the function of the Commission.
                (2) Upon the request of the Commission, the head of any 
            department, agency, or establishment of any branch of the 
            Federal Government is authorized to detail, on a 
            reimbursable basis, for periods covering all or part of any 
            fiscal year referred to in subparagraphs (A) and (B) of 
            section 352(8) of this title, any of the personnel of such 
            department, agency, or establishment to assist the 
            Commission in carrying out its function. (Pub. L. 90-206, 
            Title II, Sec. 225(c), Dec. 16, 1967, 81 Stat. 643; Pub. L. 
            101-194, Title VII, Sec. 701(c), Nov. 30, 1989, 103 Stat. 
            1764.)

[[Page 352]]


       503  Sec. 354. Use of United States mails.
                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. (Pub. L. 90-
            206, Sec. 225(d), Dec. 16, 1967, 81 Stat. 643.)
       504  Sec. 355. Administrative support services.
                The Administrator of General Services shall provide 
            administrative support services for the Commission on a 
            reimbursable basis. (Pub. L. 90-206, Sec. 225(e), Dec. 16, 
            1967, 81 Stat. 643.)
       505  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. 
            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.)

[[Page 353]]


       506  Sec. 357. Report by Commission to 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. (Pub. L. 
            90-206, Sec. 225(g), Dec. 16, 1967, 81 Stat. 644; Pub. L. 
            99-190, Sec. 135(c), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 
            101-194, Title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat. 
            1764.)
       507  Sec. 358. Recommendations of 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. (Pub. L. 90-206, Sec. 225(h), Dec. 16, 1967, 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.)
       508  Sec. 359. Effective date of recommendations of President.
                (1) None of the President's recommendations under 
            section 358 of this title shall take effect unless approved 
            under paragraph (2).
                (2)(A) The recommendations of the President under 
            section 358 of this title shall be considered approved under 
            this paragraph if there is enacted into law a bill or joint 
            resolution approving such recommendations in their entirety. 
            This bill or joint resolution shall be passed by recorded 
            vote to reflect the vote of each Member of Congress thereon.
                (B)(i) The provisions of this subparagraph are enacted 
            by the Congress--
                            (I) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives 
                        and as such shall be considered as part of the 
                        rules of each House, and shall supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and
                            (II) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as they relate to the 
                        procedures of that House) at any time in the 
                        same manner, and to the same extent as in the 
                        case of any other rule of that House.
                (ii) During the 60-calendar-day period beginning on the 
            date that the President transmits his recommendations to the 
            Congress under section 358 of this title, it shall be in 
            order as a matter of highest privilege in each House of 
            Congress to consider a bill or joint resolution, if offered 
            by the majority leader of such House (or a designee), 
            approving such recommendations in their entirety.

[[Page 354]]

                (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. (Pub. L. 90-206, Sec. 225(i), Dec. 16, 1967, 
            81 Stat. 644; Pub. L. 95-19, Sec. 401(a), Apr. 12, 1977, 91 
            Stat. 45; Pub. L. 99-190, Sec. 135(e), Dec. 19, 1985, 99 
            Stat. 1322; Pub. L. 101-194, Title VII, Sec. 701(g), Nov. 
            30, 1989, 103 Stat. 1765.)
       509  Sec. 360. Effect of 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. 
                        (Pub. L. 90-206, Sec. 225(j), Dec. 16, 1967, 81 
                        Stat. 644; Pub. L. 95-19, Sec. 401(b), Apr. 12, 
                        1977, 91 Stat. 46; Pub. L. 95-190, Sec. 135(f), 
                        Dec. 19, 1985, 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.)
       510  Sec. 361. Publication of recommendations.
                The recommendations of the President which take effect 
            shall be printed in the Statutes at Large in the same volume 
            as public laws and shall be printed in the Federal Register 
            and included in the Code of Federal Regulations. (Dec. 16, 
            1967, Pub. L. 90-206, Sec. 225(k), 81 Stat. 644.)
            Note
                Section 135(g) of Public Law 99-190 (99 Stat. 1323, Dec. 
            19, 1985) provides that the Commission shall not make 
            recommendations on rates of pay in connection with the 
            review of rates of pay conducted in fiscal year 1985 except 
            for the rates of pay of the Governors of the Board of Postal 
            Service.

[[Page 355]]


       511  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.)
       512  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.)
       513  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.

[[Page 356]]

                (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.)
            
              Chapter 13.--JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

       514      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

       515  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 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--

[[Page 357]]

                            (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) 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;
                            (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,

[[Page 358]]

                        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 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,

[[Page 359]]

                    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;
                            (ix) 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;

                            (x) 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;
                            (xi) 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;

                            (xii) 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;
                            (xiii) any honorarium (within the meaning of 
                        section 441i of this title); and
                            (xiv) any loan of money derived from an 
                        advance on a candidate's brokerage account, 
                        credit card, home equity line of credit, or 
                        other line of credit available to the candidate, 
                        if such loan is made in accordance with 
                        applicable law and under commercially reasonable 
                        terms and if the person making such loan makes 
                        loans derived from an advance on the candidate's 
                        brokerage account, credit card, home equity line 
                        of credit, or other line of credit in the normal 
                        course of the person's business.

[[Page 360]]

                (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 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 costs incurred by such 
                        committee with respect to a display of any such 
                        listing made on broadcasting stations, or in 
                        newspapers, magazines, or similar types of 
                        general public political advertising;
                            (v) any payment made or obligation incurred 
                        by a corporation or a labor organization which, 
                        under section 441b(b) of this title, would not 
                        constitute an expenditure by such corporation or 
                        labor organization;
                            (vi) any costs incurred by an authorized 
                        committee or candidate in connection with the 
                        solicitation of contributions on behalf of such 
                        candidate, except that this clause shall not 
                        apply with respect to costs incurred by an 
                        authorized committee of a candidate in excess of 
                        an amount equal to 20 percent of the expenditure 
                        limitation applicable to such candidate under 
                        section 441a(b) of this title, but all such 
                        costs shall be reported in accordance with 
                        section 434(b) of this title;
                            (vii) the payment of compensation for legal 
                        or accounting services--

                                (I) rendered to or on behalf of any 
                            political committee of a political party if 
                            the person paying for such services is the

[[Page 361]]

                            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.
                (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--

[[Page 362]]

                            (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) Independent expenditure.--The term ``independent 
            expenditure'' means an expenditure by a person--
                            (A) expressly advocating the election or 
                        defeat of a clearly identified candidate; and
                            (B) that is not made in concert or 
                        cooperation with or at the request or suggestion 
                        of such candidate, the candidate's authorized 
                        political committee, or their agents, or a 
                        political party committee, or its agents.
                (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.
                (20) Federal election activity.--
                            (A) In general.--The term ``Federal election 
                        activity'' means--

                                (i) voter registration activity during 
                            the period that begins on the date that is 
                            120 days before the date a regularly 
                            scheduled Federal election is held and ends 
                            on the date of the election;

                                (ii) voter identification, get-out-the-
                            vote activity, or generic campaign activity 
                            conducted in connection with an election in 
                            which a candidate for Federal office appears 
                            on the ballot (regardless of whether a 
                            candidate for State or local office also 
                            appears on the ballot);

                                (iii) a public communication that refers 
                            to a clearly identified candidate for 
                            Federal office (regardless of whether a 
                            candidate for State or local office is also 
                            mentioned or identified) and that promotes 
                            or supports a candidate for that office, or 
                            attacks or opposes a candidate for that 
                            office (regardless of whether the 
                            communication expressly advocates a vote for 
                            or against a candidate); or

                                (iv) services provided during any month 
                            by an employee of a State, district, or 
                            local committee of a political party who 
                            spends more than 25 percent of that 
                            individual's compensated

[[Page 363]]

                            time during that month on activities in 
                            connection with a Federal election.

                (B) Excluded activity.--The term ``Federal election 
            activity'' does not include an amount expended or disbursed 
            by a State, district, or local committee of a political 
            party for--

                                (i) a public communication that refers 
                            solely to a clearly identified candidate for 
                            State or local office, if the communication 
                            is not a Federal election activity described 
                            in subparagaph (A)(i) or (ii);

                                (ii) a contribution to a candidate for 
                            State or local office, provided the 
                            contribution is not designated to pay for a 
                            Federal election activity described in 
                            subparagraph (A);

                                (iii) the costs of a State, district, or 
                            local political convention; and

                                (iv) the costs of grassroots campaign 
                            materials, including buttons, bumper 
                            stickers, and yard signs, that name or 
                            depict only a candidate for State or local 
                            office.

                (21) Generic campaign activity.--The term ``generic 
            campaign activity'' means a campaign activity that promotes 
            a political party and does not promote a candidate or non-
            Federal candidate.
                (22) Public communication.--The term ``public 
            communication'' means a communication by means of any 
            broadcast, cable, or satellite communication, newspaper, 
            magazine, outdoor advertising facility, mass mailing, or 
            telephone bank to the general public, or any other form of 
            general public political advertising.
                (23) Mass mailing.--The term ``mass mailing'' means a 
            mailing by United States mail or facsimile of more than 500 
            pieces of mail matter of an identical or substantially 
            similar nature within any 30-day period.
                (24) Telephone bank.--The term ``telephone bank'' means 
            more than 500 telephone calls of an identical or 
            substantially similar nature within any 30-day period.
                (25) Election cycle.--For purposes of sections 315(i) 
            and 315A and paragraph (26), the term ``election cycle'' 
            means the period beginning on the day after the date of the 
            most recent election for the specific office or seat that a 
            candidate is seeking and ending on the date of the next 
            election for that office or seat. For purposes of the 
            preceding sentence, a primary election and a general 
            election shall be considered to be separate elections.
                (26) Personal funds.--The term ``personal funds'' means 
            an amount that is derived from--
                            (A) any asset that, under applicable State 
                        law, at the time the individual became a 
                        candidate, the candidate had legal right of 
                        access to or control over, and with respect to 
                        which the candidate had--

                                (i) legal and rightful title; or

                                (ii) an equitable interest;

                            (B) income received during the current 
                        election cycle of the candidate, including--

                                (i) a salary and other earned income 
                            from bona fide employment;

                                (ii) dividends and proceeds from the 
                            sale of the candidate's stock and other 
                            investments;

                                (iii) bequests to the candidate;

[[Page 364]]

                                (iv) income from trusts established 
                            before the beginning of the election cycle;

                                (v) income from trusts established by 
                            bequest after the beginning of the election 
                            cycle of which the candidate is the 
                            beneficiary;

                                (vi) gifts of a personal nature that had 
                            been customarily received by the candidate 
                            prior to the beginning of the election 
                            cycle; and

                                (vii) proceeds from lotteries and 
                            similar legal games of chance.

                            (C) a portion of assets that are jointly 
                        owned by the candidate and the candidate's 
                        spouse equal to the candidate's share of the 
                        asset under the instrument of conveyance or 
                        ownership, but if no specific share is indicated 
                        by an instrument of conveyance or ownership, the 
                        value of \1/2\ of the property. (Pub. L. 92-225, 
                        Sec. 301, Feb. 7, 1972, 86 Stat. 11; Pub. L. 93-
                        443, Sec. Sec. 201(a), 208(c)(1), Oct. 15, 1974, 
                        88 Stat. 1272, 1286; Pub. L. 94-283, 
                        Sec. Sec. 102, 115(d), (h), May 11, 1976, 90 
                        Stat. 478, 495, 496; Pub. L. 96-187, Title I, 
                        Sec. 101, Jan. 8, 1980, 93 Stat. 1339; Pub. L. 
                        99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
                        Pub. L. 106-346, Sec. 101(a) [Title V, 
                        Sec. 502(b)], Oct. 23, 2000, 114 Stat. 1356, 
                        1356A-49; Pub. L. 107-155, Sec. Sec. 101(b), 
                        103(b)(1), 211, 304(c), Mar. 27, 2002, 116 Stat. 
                        85, 87, 92, 100.)
       516  Sec. 432. Organization of political committees.
            (a) Treasurer; vacancy; official authorizations
                Every political committee shall have a treasurer. No 
            contribution or expenditure shall be accepted or made by or 
            on behalf of a political committee during any period in 
            which the office of treasurer is vacant. No expenditure 
            shall be made for or on behalf of a political committee 
            without the authorization of the treasurer or his or her 
            designated agent.
            (b) Account of contributions; segregated funds
                (1) Every person who receives a contribution for an 
            authorized political committee shall, no later than 10 days 
            after receiving such contribution, forward to the treasurer 
            such contribution, and if the amount of the contribution is 
            in excess of $50 the name and address of the person making 
            the contribution and the date of receipt.
                (2) Every person who receives a contribution for a 
            political committee which is not an authorized committee 
            shall--
                            (A) if the amount of the contribution is $50 
                        or less, forward to the treasurer such 
                        contribution no later than 30 days after 
                        receiving the contribution; and
                            (B) if the amount of the contribution is in 
                        excess of $50, forward to the treasurer such 
                        contribution, the name and address of the person 
                        making the contribution, and the date of receipt 
                        of the contribution, no later than 10 days after 
                        receiving the contribution.
                (3) All funds of a political committee shall be 
            segregated from, and may not be commingled with, the 
            personal funds of any individual.
            (c) Recordkeeping
                The treasurer of a political committee shall keep an 
            account of--
                            (1) all contributions received by or on 
                        behalf of such political committee;

[[Page 365]]

                            (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.
                (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.

[[Page 366]]

                (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 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 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,

[[Page 367]]

            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) Reports and records, compliance with requirements based 
                on best efforts
                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. (Pub. L. 92-225, Sec. 302, Feb. 7, 
            1972, 86 Stat. 12; Pub. L. 93-443, Sec. Sec. 202, 208(c)(2), 
            Oct. 15, 1974, 88 Stat. 1275, 1286; Pub. L. 94-283, 
            Sec. 103, May 11, 1976, 90 Stat. 480; Pub. L. 96-187, Title 
            I, Sec. 102, Jan. 8, 1980, 93 Stat. 1345; Pub. L. 99-514, 
            Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-79, 
            Sec. Sec. 1(b), 3(a), Dec. 28, 1995, 109 Stat. 791, 792; 
            Pub. L. 105-61, Title VI, Sec. 637, Oct. 10, 1997, 111 Stat. 
            1316.)
       517  Sec. 433. Registration of political committees.
            (a) Statements of organizations
                Each authorized campaign committee shall file a 
            statement of organization no later than 10 days after 
            designation pursuant to section 432(e)(1) of this title. 
            Each separate segregated fund established under the 
            provisions of section 441b(b) of this title shall file a 
            statement of organization no later than 10 days after 
            establishment. All other committees shall file a statement 
            or organization within 10 days after becoming a political 
            committee within the meaning of section 431(4) of this 
            title.
            (b) Contents of statements
                The statement of organization of a political committee 
            shall include--
                            (1) the name, address, and type of 
                        committee;
                            (2) the name, address, relationship, and 
                        type of any connected organization or affiliated 
                        committee;
                            (3) the name, address, and position of the 
                        custodian of books and accounts of the 
                        committee;
                            (4) the name and address of the treasurer of 
                        the committee;
                            (5) if the committee is authorized by a 
                        candidate, the name, address, office sought, and 
                        party affiliation of the candidate; and
                            (6) a listing of all banks, safety deposit 
                        boxes, or other depositories used by the 
                        committee.
            (c) Change of information in statements
                Any change in information previously submitted in a 
            statement of organization shall be reported in accordance 
            with section 432(g) of this title no later than 10 days 
            after the date of the change.

[[Page 368]]

            (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.

            (Pub. L. 92-225, Sec. 303, Feb. 7, 1972, 86 Stat. 14; Pub. 
            L. 93-443, Sec. Sec. 203, 208(c)(3), Oct. 15, 1974, 88 Stat. 
            1276, 1286; Pub. L. 96-187, Title I, Sec. 103, Jan. 8, 1980, 
            93 Stat. 1347.)

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

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

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

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

                            (B) in any other calendar year the treasurer 
                        shall file quarterly reports, which shall be 
                        filed not 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 not 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--

[[Page 369]]

                            (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: 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

[[Page 370]]

                        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. 
                        Notwithstanding the preceding sentence, a 
                        national committee of a political party shall 
                        file the reports required under subparagraph 
                        (B).
                (5) If a designation, report, or statement filed 
            pursuant to this Act (other than under paragraph (2)(A)(i) 
            or (4)(A)(ii), or subsection (g)(1)) 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) Notification of expenditure from personal funds.--
                            (i) Definition of expenditure from personal 
                        funds.--In this subparagraph, the term 
                        ``expenditure from personal funds'' means--

                                (I) an expenditure made by a candidate 
                            using personal funds; and

                                (II) a contribution or loan made by a 
                            candidate using personal funds or a loan 
                            secured using such funds to the candidate's 
                            authorized committee.

                            (ii) Declaration of intent.--Not later than 
                        the date that is 15 days after the date on which 
                        an individual becomes a candidate for the office 
                        of Senator, the candidate shall file a 
                        declaration stating the total amount of 
                        expenditures from personal funds that the 
                        candidate intends to make, or to obligate to 
                        make, with respect to the election that will 
                        exceed the State-by-State competitive and fair 
                        campaign formula with--

                                (I) the Commission; and

                                (II) each candidate in the same 
                            election.

                            (iii) Initial notification.--Not later than 
                        24 hours after a candidate described in clause 
                        (ii) makes or obligates to make an aggregate 
                        amount of expenditures from personal funds in 
                        excess of 2 times the threshold amount in 
                        connection with any election, the candidate 
                        shall file a notification with--

                                (I) the Commission; and

                                (II) each candidate in the same 
                            election.

[[Page 371]]

                                (III) Additional notification.--After a 
                            candidate files an initial notification 
                            under clause (iii), the candidate shall file 
                            an additional notification each time 
                            expenditures from personal funds are made or 
                            obligated to be made in an aggregate amount 
                            that exceed $10,000 with--

                                (I) the Commission; and

                                (II) each candidate in the same 
                            election.

                Such notification shall be filed not later than 24 hours 
            after the expenditure is made.
                            (v) Contents.--A notification under clause 
                        (iii) or (iv) shall include--

                                (I) the name of the candidate and the 
                            office sought by the candidate;

                                (II) the date and amount of each 
                            expenditure; and

                                (III) the total amount of expenditures 
                            from personal funds that the candidate has 
                            made, or obligated to make, with respect to 
                            an election as of the date of the 
                            expenditure that is the subject of the 
                            notification.

                (C) Notification of disposal of excess contributions.--
            In the next regularly scheduled report after the date of the 
            election for which a candidate seeks nomination for election 
            to, or election to, Federal office, the candidate or the 
            candidate's authorized committee shall submit to the 
            Commission a report indicating the source and amount of any 
            excess contributions (as determined under paragraph (1) of 
            section 315(i)) and the manner in which the candidate or the 
            candidate's authorized committee used such funds.
                (D) Enforcement.--For provisions providing for the 
            enforcement of the reporting requirements under this 
            paragraph, see section 309.
                (E) The notification required under this paragraph shall 
            be in addition to all other reporting requirements under 
            this Act.
                (7) The reports required to be filed by this subsection 
            shall be cumulative during the calendar year to which they 
            relate, but where there has been no change in an item 
            reported in a previous report during such year, only the 
            amount need be carried forward.
                (8) The requirement for a political committee to file a 
            quarterly report under paragraph (2)(A)(iii) or paragraph 
            (4)(A)(i) shall be waived if such committee is required to 
            file a pre-election report under paragraph (2)(A)(i), or 
            paragraph (4)(A)(ii) during the period beginning on the 5th 
            day after the close of the calendar quarter and ending on 
            the 15th day after the close of the calendar quarter.
                (9) The Commission shall set filing dates for reports to 
            be filed by principal campaign committees of candidates 
            seeking election, or nomination for election, in special 
            elections and political committees filing under paragraph 
            (4)(A) which make contributions to or expenditures on behalf 
            of a candidate or candidates in special elections. The 
            Commission shall require no more than one pre-election 
            report for each election and one post-election report for 
            the election which fills the vacancy. The Commission may 
            waive any reporting obligation of committees required to 
            file for special elections if any report required by 
            paragraph (2) or (4) is required to be filed within 10 days 
            of a report required under this subsection. The Commission 
            shall establish the reporting dates within 5 days of the 
            setting of such election and shall publish such dates

[[Page 372]]

            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 promulgate a regulation 
            under which a person required to file a designation, 
            statement, or report under this Act--
                            (i) is required to maintain and file a 
                        designation, statement, or report for any 
                        calendar year in electronic form accessible by 
                        computers if the person has, or has reason to 
                        expect to have, aggregate contributions or 
                        expenditures in excess of a threshold amount 
                        determined by the Commission; and
                            (ii) may maintain and file a designation, 
                        statement, or report in electronic form or an 
                        alternative form if not required to do so, under 
                        the regulation promulgated under clause (i).
                (B) The Commission shall make a designation, statement, 
            report, or notification that is filed with the Commission 
            under this Act available for inspection by the public in the 
            offices of the Commission and accessible to the public on 
            the Internet not later than 48 hours (or not later than 24 
            hours in the case of a designation, statement, report or 
            notification filed electronically) after receipt by the 
            Commission.
                (C) In promulgating a regulation under this paragraph, 
            the Commission shall provide methods (other than requiring a 
            signature on the document being filed) for verifying 
            designations, statements, and reports covered by the 
            regulation. Any document verified under any of the methods 
            shall be treated for all purposes (including penalties for 
            perjury) in the same manner as a document verified by 
            signature.
                (D) 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.
                (12) Software for filing of reports
                (A) In general.--The Commission shall--
                            (i) promulgate standards to be used by 
                        vendors to develop software that--

                                (I) permits candidates to easily record 
                            information concerning receipts and 
                            disbursements required to be reported under 
                            this Act at the time of the receipt or 
                            disbursement;

                                (II) allows the information recorded 
                            under subclause (I) to be transmitted 
                            immediately to the Commission; and

                                (III) allows the Commission to post the 
                            information on the Internet immediately upon 
                            receipt; and

                            (ii) make a copy of software that meets the 
                        standards promulgated under clause (i) available 
                        to each person required to file a designation, 
                        statement, or report in electronic form under 
                        this Act.
                (B) Additional information.--To the extent feasible, the 
            Commission shall require vendors to include in the software 
            developed under the standards under subparagraph (A) the 
            ability for any person to file any designation, statement, 
            or report required under this Act in electronic form.
                (C) Required use.--Notwithstanding any provision of this 
            Act relating to times for filing reports, each candidate for 
            Federal office (or that candidate's authorized committee) 
            shall use software that meets the

[[Page 373]]

            standards promulgated under this paragraph once such 
            software is made available to such candidate.
                (D) Required posting.--The Commission shall, as soon as 
            practicable, post on the Internet any information received 
            under this paragraph.
            (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 (or election cycle, in the case of 
                        an authorized committee of a candidate for 
                        Federal office), 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

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

                            (3) the identification of each--

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

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

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

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

                                (E) person who makes a loan to the 
                            reporting committee during the reporting 
                            period, together with the identification of 
                            any

[[Page 374]]

                            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 (or election 
                            cycle, in the case of an authorized 
                            committee of a candidate for Federal 
                            office), together with the date and amount 
                            of any such receipt;

                            (4) for the reporting period and the 
                        calendar year (or election cycle, in the case of 
                        an authorized committee of candidate for Federal 
                        office), 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;

                                        (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 con

[[Page 375]]

                            tribution 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 (or election 
                        cycle, in the case of an authorized committee of 
                        a candidate for Federal office), 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 (or election 
                            cycle, in the case of an authorized 
                            committee of a candidate for Federal office) 
                            in connection with an independent 
                            expenditure by the reporting committee, 
                            together with the date, amount, and purpose 
                            of any such independent expenditure and a 
                            statement which indicates whether such 
                            independent expenditure is in support of, or 
                            in opposition to, a candidate, as well as 
                            the name and office sought by such 
                            candidate, and a certification, under 
                            penalty of perjury, whether such independent 
                            expenditure is made in cooperation, 
                            consultation, or concert, with, or at the 
                            request or suggestion of any candidate or 
                            any authorized committee or agent of such 
                            committee;

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

                                (v) person who has received any 
                            disbursement not otherwise disclosed in this 
                            paragraph or paragraph (5) in an aggregate 
                            amount or value in excess of $200 within the 
                            calendar year (or election cycle, in the 
                            case of an authorized committee of a 
                            candidate for Federal office) 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 (or 
                        election cycle, in the case of an authorized 
                        committee of a candidate for Federal office); 
                        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,

[[Page 376]]

                        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 required 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.
                (3) The Commission shall be responsible for 
            expeditiously preparing indices which set forth, on a 
            candidate-by-candidate basis, all independent expenditures 
            separately, including those reported under subsection 
            (b)(6)(B)(iii) of this section, made by or for each 
            candidate, as reported under this subsection, and for 
            periodically publishing such indices on a timely pre-
            election basis.
            (d) Filing by facsimile device or electronic mail
                (1) Any person who is required to file a statement under 
            subsection (c) or (g) of this section, except statements 
            required to be filed electronically pursuant to subsection 
            (a)(11)(A)(i) may file the statement by facsimile device or 
            electronic mail, in accordance with such regulations as the 
            Commission may promulgate.
                (2) The Commission shall make a document which is filed 
            electronically with the Commission pursuant to this 
            paragraph accessible to the public on the Internet not later 
            than 24 hours after the document is received by the 
            Commission.
                (3) In promulgating a regulation under this paragraph, 
            the Commission shall provide methods (other than requiring a 
            signature on the document being filed) for verifying the 
            documents covered by the regulation. Any document verified 
            under any of the methods shall be treated for all purposes 
            (including penalties for perjury) in the same manner as a 
            document verified by signature.
            (e) Political Committees
                (1) National and congressional political committees.--
            The national committee of a political party, any national 
            congressional campaign committee of a political party, and 
            any subordinate committee of either, shall report all 
            receipts and disbursements during the reporting period.
                (2) Other political committees to which section 441i 
            applies.--

[[Page 377]]

                            (A) In general.--In addition to any other 
                        reporting requirements applicable under this 
                        Act, a political committee (not described in 
                        paragraph (1)) to which section 441i(b)(1) 
                        applies shall report all receipts and 
                        disbursements made for activities described in 
                        section 431(20)(A), unless the aggregate amount 
                        of such receipts and disbursements during the 
                        calendar year is less than $5,000.
                            (B) Specific disclosure by State and local 
                        parties of certain non-Federal amounts permitted 
                        to be spent on Federal election activity.--Each 
                        report by a political committee under 
                        subparagraph (A) of receipts and disbursements 
                        made for activities described in section 
                        431(20)(A) shall include a disclosure of all 
                        receipts and disbursements described in section 
                        441i(b)(2)(A) and (B).
                (3) Itemization.--If a political committee has receipts 
            or disbursements to which this subsection applies from or to 
            any person aggregating in excess of $200 for any calendar 
            year, the political committee shall separately itemize its 
            reporting for such person in the same manner as required in 
            paragraphs (3)(A), (5), and (6) of subsection (b).
                (4) Reporting periods.--Reports required to be filed 
            under this subsection shall be filed for the same time 
            periods required for political committees under subsection 
            (a)(4)(B).
            (f) Disclosure of electioneering communications
                (1) Statement required.--Every person who makes a 
            disbursement for the direct costs of producing and airing 
            electioneering communications in an aggregate amount in 
            excess of $10,000 during any calendar year shall, within 2-
            hours of each disclosure date, file with the Commission a 
            statement containing the information described in paragraph 
            (2).
                (2) Contents of statement.--Each statement required to 
            be filed under this subsection shall be made under penalty 
            of perjury and shall contain the following information:
                            (A) The identification of the person making 
                        the disbursement, of any person sharing or 
                        exercising direction or control over the 
                        activities of such person, and the custodian of 
                        the books and accounts of the person making the 
                        disbursement.
                            (B) The principal place of business of the 
                        person making the disbursement, not an 
                        individual.
                            (C) The amount of each disbursement of more 
                        than $200 during the period covered by the 
                        statement and the identification of the person 
                        to whom the disbursement was made.
                            (D) The elections to which the 
                        electioneering communications pertain and the 
                        names (if known) of the candidates identified or 
                        to be identified.
                            (E) If the disbursements were paid out of a 
                        segregated bank account which consists of funds 
                        contributed solely by individuals who are United 
                        States citizens or nationals or lawfully 
                        admitted for permanent residence (as defined in 
                        section 101(a)(20) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(20)) directly 
                        to this account for electioneering 
                        communications, the names and addresses of all 
                        contributors who contributed an aggregate amount 
                        of $1,000 or more to that account during the 
                        period beginning on the first day of the 
                        preceding calendar year and ending on the 
                        disclosure date. Nothing in this subparagraph is 
                        to be construed as a prohibition on the use of 
                        funds in such a segregated account for a purpose 
                        other than electioneering communications.

[[Page 378]]

                            (F) If the disbursements were paid out of 
                        funds not described in subparagraph (E), the 
                        names and addresses of all contributors who 
                        contributed an aggregate amount of $1,000 or 
                        more to the person making the disbursement 
                        during the period beginning on the first day of 
                        the preceding calendar year and ending on the 
                        disclosure date.
                (3) Electioneering communication.--For purpose of this 
            subsection--
                            (A) In general.--(i) The term 
                        ``electioneering communication'' means any 
                        broadcast, cable, or satellite communication 
                        which--

                                (I) refers to a clearly identified 
                            candidate for Federal office;

                                (II) is made within--

                                  (aa) 60 days before a general, 
                            special, or runoff election for the office 
                            sought by the candidate: or

                                  (bb) 30 days before a primary or 
                            preference election, or a convention or 
                            caucus of a political party that has 
                            authority to nominate a candidate, for the 
                            office sought by the candidate: and

                                (III) in the case of a communication 
                            which refers to a candidate for an office 
                            other than President or Vice President, is 
                            targeted to the relevant electorate.

                            (ii) If clause (i) is held to be 
                        constitutionally insufficient by final judicial 
                        decision to support the regulation provided 
                        herein, then the term ``electioneering 
                        communication'' means any broadcast, cable, or 
                        satellite communication which promotes or 
                        supports a candidate for that office, or attacks 
                        or opposes a candidate for that office 
                        (regardless of whether the communication 
                        expressly advocates a vote for or against a 
                        candidate) and which also is suggestive of no 
                        plausible meaning other than an exhortation to 
                        vote for or against a specific candidate. 
                        Nothing in this subparagraph shall be construed 
                        to affect the interpretation or application of 
                        section 100.22(b) of title 11, Code of Federal 
                        Regulations.
                            (B) Exceptions.--The term ``electioneering 
                        communication'' does not include--
                            (i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station, unless such facilities are owned or 
                        controlled by any political party, political 
                        committee, or candidate;
                            (ii) a communication which constitutes an 
                        expenditure or an independent expenditure under 
                        this Act;
                            (iii) a communication which constitutes a 
                        candidate debate or forum conducted pursuant to 
                        regulations adopted by the Commission, or which 
                        solely promotes such a debate or forum and is 
                        made by or on behalf of the person sponsoring 
                        the debate or forum; or
                            (iv) any other communication exempted under 
                        such regulations as the Commission may 
                        promulgate (consistent with the requirements of 
                        this paragraph) to ensure the appropriate 
                        implementation of this paragraph, except that 
                        under any such regulation a communication may 
                        not be exempted if it meets the requirements of 
                        this paragraph and is described in section 
                        431(20)(A)(iii).
                            (C) Targeting to relevant electorate.--For 
                        purposes of this paragraph, a communication 
                        which refers to a clearly identified candidate 
                        for Federal office is ``targeted to the relevant 
                        electorate'' if the communication can be 
                        received by 50,000 or more persons--

[[Page 379]]

                            (i) in the district the candidate seeks to 
                        represent, in the case of a candidate for 
                        Representative in, or Delegate or Resident 
                        Commissioner to, the Congress; or
                            (ii) in the State the candidate seeks to 
                        represent, in the case of a candidate for 
                        Senator.
                (4) Disclosure date.--For purposes of this subsection, 
            the term ``disclosure date'' means--
                            (A) the first date during any calendar year 
                        by which a person has made disbursements for the 
                        direct costs of producing or airing 
                        electioneering communications aggregating in 
                        excess of $10,000; and
                            (B) any other date during such calendar year 
                        by which a person has made disbursements for the 
                        direct costs of producing or airing 
                        electioneering communications aggregating in 
                        excess of $10,000 since the most recent 
                        disclosure date for such calendar year.
                (5) Contracts to disburse.--For purposes of this 
            subsection, a person shall be treated as having made a 
            disbursement if the person has executed a contract to make 
            the disbursement.
                (6) Coordination with other requirements.--Any 
            requirement to report under this subsection shall be in 
            addition to any other reporting requirement under this Act.
                (7) Coordination with Internal Revenue Code.--Nothing in 
            this subsection may be construed to establish, modify, or 
            otherwise affect the definition of political activities or 
            electioneering activities (including the definition of 
            participating in, intervening in, or influencing or 
            attempting to influence a political campaign on behalf of or 
            in opposition to any candidate for public office) for 
            purposes of the Internal Revenue Code of 1986.
            (g) Time for reporting certain expenditures
                (1) Expenditures aggregating $1,000.--
                            (A) Initial report.--A person (including a 
                        political committee) that makes or contracts to 
                        make independent expenditures aggregating $1,000 
                        or more after the 20th day, but more than 24 
                        hours, before the date of an election shall file 
                        a report describing the expenditures within 24 
                        hours.
                            (B) Additional reports.--After a person 
                        files a report under subparagraph (A), the 
                        person shall file an additional report within 24 
                        hours after each time the person makes or 
                        contracts to make independent expenditures 
                        aggregating an additional $1,000 with respect to 
                        the same election as that to which the initial 
                        report relates.
                (2) Expenditures aggregating $10,000.--
                            (A) Initial report.--A person (including a 
                        political committee) that makes or contracts to 
                        make independent expenditures aggregating 
                        $10,000 or more at any time up to and including 
                        the 20th day before the date of an election 
                        shall file a report describing the expenditures 
                        within 48 hours.
                (B) Additional reports.--After a person files a report 
            under subparagraph (A), the person shall file an additional 
            report within 48 hours after each time the person makes or 
            contracts to make independent expenditures aggregating an 
            additional $10,000 with respect to the same election as that 
            to which the initial report relates.
                (3) Place of filing; Contents.--A report under this 
            subsection--
                            (A) shall be filed with the Commission; and

[[Page 380]]

                            (B) shall contain the information required 
                        by subsection (b)(6)(B)(iii), including the name 
                        of each candidate whom an expenditure is 
                        intended to support or oppose.
            (h) Reports from Inaugural committees
                The Federal Election Commission shall make any report 
            filed by an Inaugural committee under section 510 of Title 
            36, accessible to the public at the offices of the 
            Commission and on the Internet not later than 48 hours after 
            the report is received by the Commission. (Pub. L. 92-225, 
            Title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14; Pub. L. 93-
            443, Title II, Sec. 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. Sec. 1(a), 3(b), Dec. 28, 1995, 109 Stat. 791, 792; 
            Pub. L. 106-58, Title VI, Sec. Sec. 639(a), 641(a), Sept. 
            29, 1999, 113 Stat. 476, 477; Pub. L. 106-346, Sec. 101(a) 
            [Title V, Sec. 502(a), (c)], Oct. 23, 2000, 114 Stat. 1356, 
            1356A-49; Pub. L. 107-155, Mar. 27, 2002, 116 Stat. 81.)
       519  Sec. 435. (Repealed.)
       520  Sec. 436. (Repealed.)
       521  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. (Pub. L. 92-
            225, Sec. 305, formerly Sec. 307, Feb. 7, 1972, 86 Stat. 16; 
            Pub. L. 93-443, Sec. 208(c)(6), Oct. 15, 1974, 88 Stat. 
            1286; Pub. L. 96-187, Title I, Sec. Sec. 105(2), 112a, Jan. 
            8, 1980, 93 Stat. 1354, 1366.)

       522  Sec. 437a. (Repealed.)
       523  Sec. 437b. (Repealed.)
       524  Sec. 437c. Federal Election Commission.
            (a) Establishment; membership; term of office; vacancies; 
                qualifications; compensation; chairman and vice chairman
                (1) There is established a commission to be known as the 
            Federal Election Commission. The Commission is composed of 
            the Secretary of the Senate and the Clerk of the House of 
            Representatives or their designees, ex officio and without 
            the right to vote, and 6 members appointed by the President, 
            by and with the advice and consent of the Senate.

[[Page 381]]



            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 authority or 
            function of the Congress or any committee of the Congress 
            with respect to elections for Federal office.

[[Page 382]]

            (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 (5 U.S.C. 5315). 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 (5 U.S.C. 5316). 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 (5 U.S.C. 5332).
                (3) In carrying out its responsibilities under this Act, 
            the Commission shall, to the fullest extent practicable, 
            avail itself of the assistance, including personnel and 
            facilities of other agencies and departments of the United 
            States. The heads of such agencies and departments may make 
            available to the Commission such personnel, facilities, and 
            other assistance, with or without reimbursement, as the 
            Commission may request.
                (4) Notwithstanding the provisions of paragraph (2) the 
            Commission is authorized to appear in and defend against any 
            action instituted under this Act, either (A) by attorneys 
            employed in office, or (B) by counsel whom it may appoint, 
            on a temporary basis as may be necessary

[[Page 383]]

            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, Sec. Sec. 101(a)-(d), 105, 
            May 11, 1976, 90 Stat. 475, 476, 481, renumbered Sec. 306 
            and amended Pub. L. 96-187, Title I, Sec. Sec. 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.)
       525  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.
            (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.

[[Page 384]]

            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, Sec. Sec. 105, 107, 115(b), 
            May 11, 1976, 90 Stat. 481, 495, renumbered Sec. 307 and 
            amended Pub. L. 96-187, Title I, Sec. Sec. 105(3), 106, Jan. 
            8, 1980, 93 Stat. 1354, 1356; Pub. L. 99-514, Sec. 2, Oct. 
            22, 1986, 100 Stat. 2095.)
       526  Sec. 437e. (Repealed).
       527  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.
                (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.

[[Page 385]]

            (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, Sec. Sec. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 
            1357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095.)
       528  Sec. 437g. Enforcement.
            (a) Administrative and judicial practice and procedure
                (1) Any person who believes a violation of this Act or 
            of chapter 95 or chapter 96 of Title 26 has occurred, may 
            file a complaint with the Commission. Such complaint shall 
            be in writing, signed and sworn to by the person filing such 
            complaint, shall be notarized, and shall be made under 
            penalty of perjury and subject to the provisions of section 
            1001 of Title 18. Within 5 days after receipt of a 
            complaint, the Commission shall notify, in writing, any 
            person alleged in the complaint to have committed such a 
            violation. Before the Commission conducts any vote on the 
            complaint, other than a vote to dismiss, any person so 
            notified shall have the opportunity to demonstrate, in 
            writing, to the commission within 15 days after notification 
            that no action should be taken against such person on the 
            basis of the complaint. The Commis

[[Page 386]]

            sion 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 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

[[Page 387]]

            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 
            (or, in the case of a violation of section 320, which is not 
            less than 300 percent of the amount involved in the 
            violation and is not more than the greater of $50,000 or 
            1,000 percent of the amount involved in the violation).
                (C) If the Commission by an affirmative vote of 4 of its 
            members, determines that there is probable cause to believe 
            that a knowing and willful violation of this Act which is 
            subject to subsection (d) of this section, or a knowing and 
            willful violation of chapter 95 or chapter 96 of Title 26, 
            has occurred or is about to occur, it may refer such 
            apparent violation to the Attorney General of the United 
            States without regard to any limitations set forth in 
            paragraph (4)(A).
                (D) In any case in which a person has entered into a 
            conciliation agreement with the Commission under paragraph 
            (4)(A), the Commission may institute a civil action for 
            relief under paragraph (6)(A) if it believes that the person 
            has violated any provision of such conciliation agreement. 
            For the Commission to obtain relief in any civil action, the 
            Com

[[Page 388]]

            mission 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 (or, in the case of a violation of section 320, 
            which is not less than 300 percent of the amount involved in 
            the violation and is not more than the greater of $50,000 or 
            1,000 percent of the amount involved in the 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.

[[Page 389]]

                (10) Repealed. (Pub. L. 98-620, Sec. 402(1)(A), Nov. 8, 
            1984, 98 Stat. 3357)
                (11) If the Commission determines after an investigation 
            that any person has violated an order of the court entered 
            in a proceeding brought under paragraph (6), it may petition 
            the court for an order to hold such person in civil 
            contempt, but if it believes the violation to be knowing and 
            willful it may petition the court for an order to hold such 
            person in criminal contempt.
                (12)(A) Any notification or investigation made under 
            this section shall not be made public by the Commission or 
            by any person without the written consent of the person 
            receiving such notification or the person with respect to 
            whom such investigation is made.
                (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, 
            donation, or expenditure--
                            (i) aggregating $25,000 or more during a 
                        calendar year shall be fined under Title 18, 
                        United States Code, or imprisoned for not more 
                        than 5 years, or both; or
                            (ii) aggregating $2,000 or more (but less 
                        than $25,000) during a calendar year shall be 
                        fined under such title, or imprisoned for not 
                        more than 1 year, or both.
                (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.

[[Page 390]]

                (C) In the case of a knowing and willful violation of 
            section 441h of this title, the penalties set forth in this 
            subsection shall apply without regard to whether the making, 
            receiving, or reporting of a contribution or expenditure of 
            $1,000 or more is involved.
                (2) In any criminal action brought for a violation of 
            any provision of this Act or of chapter 95 or of chapter 96 
            of Title 26, any defendant may evidence their lack of 
            knowledge or intent to commit the alleged violation by 
            introducing as evidence a conciliation agreement entered 
            into between the defendant and the Commission under 
            subsection (a)(4)(A) of this section which specifically 
            deals with the act or failure to act constituting such 
            violation and which is still in effect.
                (3) In any criminal action brought for a violation of 
            any provision of this Act or of chapter 95 or chapter 96 of 
            Title 26, the court before which such action is brought 
            shall take into account, in weighing the 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, Sec. Sec. 105, 109, May 11, 1976, 90 Stat. 
            481, 483, renumbered Sec. 309 and amended Pub. L. 96-187, 
            Title I, Sec. Sec. 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; Pub. L. 107-155, Title 
            III, Sec. 312(a), Mar. 27, 2002, 116 Stat. 106.)

       529  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.

            (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, Sec. Sec. 105, 115(e), May 11, 1976, 90 Stat. 
            481, 496; renumbered Sec. 310 and amended Pub. L. 96-187, 
            Title I, Sec. Sec. 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.)

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

[[Page 391]]

                            (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; and
                            (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.
            (b) Audits and field investigations
                The Commission may conduct audits and field 
            investigations of any political committee required to file a 
            report under section 434 of this Title. All audits and field 
            investigations concerning the verification for, and receipt 
            and use of, any payments received by a candidate or 
            committee under chapter 95 or chapter 96 of Title 26 shall 
            be given priority. Prior to conducting any audit under this 
            subsection, the Commission shall perform an internal review 
            of reports filed by selected committees to determine if the 
            reports filed by a particular committee meet the threshold 
            requirements for substantial compliance with the Act. Such 
            thresholds for compliance shall be established by the 
            Commission. The

[[Page 392]]

            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) of this section, 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 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

[[Page 393]]

            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, Sec. Sec. 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, Sec. Sec. 105, 
            110, May 11, 1976, 90 Stat. 481, 486, renumbered Sec. 311 
            and amended Pub. L. 96-187, Title I, Sec. Sec. 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; Pub. L. 107-252, Sec. 801(b), 
            Oct. 29, 2002, 116 Stat. 1726.)
       531  Sec. 439. Statements filed with State officers; 
                ``appropriate State'' defined; duties of State officers; 
                waiver of duplicate filing requirement for States with 
                electronic access.
            (a) Statements filed; ``appropriate State'' defined
                (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) Duties of State officers
                The Secretary of State (or equivalent State officer), or 
            the officer designated under subsection (a)(1) of this 
            section, shall--
                            (1) receive and maintain in an orderly 
                        manner all reports and statements required by 
                        this Act to be filed therewith;

[[Page 394]]

                            (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) Waiver; electronic access
                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, Feb. 7, 1972, 86 Stat. 18, 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.)
       532  Sec. 439a. Use of contributed amounts for certain purposes.
            (a) Permitted uses--
                A contribution accepted by a candidate, and any other 
            donation received by an individual as support for activities 
            of the individual as a holder of Federal office, may be used 
            by the candidate or individual--
                            (1) for otherwise authorized expenditures in 
                        connection with the campaign for Federal office 
                        of the candidate or individual;
                            (2) for ordinary and necessary expenses 
                        incurred in connection with duties of the 
                        indivudual as a holder of Federal office;
                            (3) for contributions to an organization 
                        described in section 170(c) of the Internal 
                        Revenue Code of 1986, or
                            (4) for transfers, without limitation, to a 
                        national, State, or local committee of a 
                        political party.
            (b) Prohibited use
                (1) In general.--A contribution or donation described in 
            subsection (a) shall not be converted by any person to 
            personal use.
                (2) Conversion.--For the purposes of paragraph (1), a 
            contribution or donation shall be considered to be converted 
            to personal use if the contribution or amount is used to 
            fulfill any commitment, obligation, or expense of a person 
            that would exist irrespective of the candidate's election 
            campaign or individual's duties as a holder of Federal 
            office, including--
                            (A) a home mortgage, rent, or utility 
                        payment;
                            (B) a clothing purchase;
                            (C) a non-campaign-related automobile 
                        expense;
                            (D) a country club membership;
                            (E) a vacation or other non-campaign-related 
                        trip;
                            (F) a household food item;
                            (G) a tuition payment;

[[Page 395]]

                            (H) admission to a sporting event, concert, 
                        theater, or other form of entertainment not 
                        associated with an election campaign; and
                            (I) dues, fees, and other payments to a 
                        health club or recreation facility.

            (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, Sec. Sec. 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; Pub. L. 107-155, 
            Title III, Sec. 301, Mar. 27, 2002, 116 Stat. 95)

       533  Sec. 439b. (Repealed.)

  

       534  Sec. 440. (Repealed.)
       535  Sec. 441. (Repealed.)

  

       536  Sec. 441a. Limitations on contributions and expenditures.
            (a) Dollar limits on contributions
                (1) Except as provided in subsection (i) and section 
            315A, 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 $2,000;
                            (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 $25,000;
                            (C) to any other political committee (other 
                        than a committee described in subparagraph (D)) 
                        in any calendar year which, in the aggregate, 
                        exceed $5,000; or
                            (D) to a political committee established and 
                        maintained by a State committee of a political 
                        party in any calendar year which, in the 
                        aggregate, exceed $10,000.
                (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) During the period which begins on January 1 of an 
            odd-numbered year and ends on December 31 of the next even-
            numbered year, no individual may make contributions 
            aggregating more than--
                            (A) $37,500, in the case of contributions to 
                        candidates and the authorized committees of 
                        candidates;
                            (B) $57,500, in the case of any other 
                        contributions, of which not more than $37,500 
                        may be attributable to contributions to 
                        political committees which are not political 
                        committees of national political parties.

[[Page 396]]

                (4) The limitations on contributions contained in 
            paragraphs (1) and (2) do not apply to transfers between and 
            among political committees which are national, State, 
            district, or local committees (including any subordinate 
            committee thereof) of the same political party. For purposes 
            of paragraph (2), the term ``multicandidate political 
            committee'' means a political committee which has been 
            registered under section 433 for a period of not less than 6 
            months, which has received contributions from more than 50 
            persons, and, except for any State political party 
            organization, has made contributions to 5 or more candidates 
            for Federal office.
                (5) For purposes of the limitations provided by 
            paragraph (1) and paragraph (2), all contributions made by 
            political committees established or financed or maintained 
            or controlled by any corporation, labor organization, or any 
            other person, including any parent, subsidiary, branch, 
            division, department, or local unit of such corporation, 
            labor organization, or any other person, or by any group of 
            such persons, shall be considered to have been made by a 
            single political committee, except that (A) nothing in this 
            sentence shall limit transfers between political committees 
            of funds raised through joint fund raising efforts; (B) for 
            purposes of the limitations provided by paragraph (1) and 
            paragraph (2) all contributions made by a single political 
            committee established or financed or maintained or 
            controlled by a national committee of a political party and 
            by a single political committee established or financed or 
            maintained or controlled by the State committee of a 
            political party shall not be considered to have been made by 
            a single political committee; and (C) nothing in this 
            section shall limit the transfer of funds between the 
            principal campaign committee of a candidate seeking 
            nomination or election to a Federal office and the principal 
            campaign committee of that candidate for nomination or 
            election to another Federal office if (i) such transfer is 
            not made when the candidate is actively seeking nomination 
            or election to both such offices; (ii) the limitations 
            contained in this Act on contributions by persons are not 
            exceeded by such transfer; and (iii) the candidate has not 
            elected to receive any funds under chapter 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,

[[Page 397]]

                        his authorized political committees, or their 
                        agents, shall be considered to be a contribution 
                        to such candidate;
                            (ii) expenditures made by any person (other 
                        than a candidate or candidate's authorized 
                        committee) in cooperation, consultation, or 
                        concert with, or at the request or suggestion 
                        of, a national, State, or local committee of a 
                        political party, shall be considered to be 
                        contributions made to such party committee; and
                            (iii) 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) if--

                                (i) any person makes, or contracts to 
                            make, any disbursement for any 
                            electioneering communication (within the 
                            meaning of section 304(f)(3)); and

                                (ii) such disbursement is coordinated 
                            with a candidate or an authorized committee 
                            of such candidate, a Federal, State, or 
                            local political party or committee thereof, 
                            or an agent or official of any such 
                            candidate, party, or committee;

                            such disbursement or contracting shall be 
                        treated as a contribution to the candidate 
                        supported by the electioneering communication or 
                        that candidate's party and as an expenditure by 
                        that candidate or that candidate's party; and
                            (D) contributions made to or for the benefit 
                        of any candidate nominated by a political party 
                        for election to the office of Vice President of 
                        the United States shall be considered to be 
                        contributions made to or for the benefit of the 
                        candidate of such party for election to the 
                        office of President of the United States.
                (8) For purposes of the limitations imposed by this 
            section, all contributions made by a person, either directly 
            or indirectly, on behalf of a particular candidate, 
            including contributions which are in any way earmarked or 
            otherwise directed through an intermediary or conduit to 
            such candidate, shall be treated as contributions from such 
            person to such candidate. The intermediary or conduit shall 
            report the original source and the intended recipient of 
            such contribution to the Commission and to the intended 
            recipient.
            (b) Dollar limits on expenditures by candidates for office 
                of President of 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--

[[Page 398]]

                            (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)(A) 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.
                (B) Except as provided in subparagraph (C), in any 
            calendar year after 2002--
                            (i) a limitation established by subsections 
                        (a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) 
                        shall be increased by the percent difference 
                        determined under subparagraph (A);
                            (ii) each amount so increased shall remain 
                        in effect for the calendar year; and
                            (iii) if any amount after adjustment under 
                        clause (i) is not a multiple of $100, such 
                        amount shall be rounded to the nearest multiple 
                        of $100.
                (C) In the case of limitations under subsections 
            (a)(1)(A), (a)(1)(B), (a), (3), and (h), increases shall 
            only be made in odd-numbered years and such increases shall 
            remain in effect for the 2-year period beginning on the 
            first day following the date of the last general election in 
            the year preceding the year in which the amount is increased 
            and ending on the date of the next general election.
                (2) For purposes of paragraph (1)--
                            (A) the term ``price index'' means the 
                        average over a calendar year of the Consumer 
                        Price Index (all items--United States city 
                        average) published monthly by the Bureau of 
                        Labor Statistics; and
                            (B) the term ``base period'' means--

                                (i) for purposes of subsections (b) and 
                            (d), calendar year 1974; and

                                (ii) for purposes of subsections 
                            (a)(1)(A), (a)(1)(B), (a)(3), and (h), 
                            calendar year 2001.

            (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

[[Page 399]]

            expenditures in connection with the general election 
            campaign of candidates for Federal office, subject to the 
            limitations contained in paragraphs (2), (3), and (4) 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.
                (4) Independent versus coordinated expenditures by party
                            (A) In general.--On or after the date on 
                        which a political party nominates a candidate, 
                        no committee of the political party may make--

                                (i) any coordinated expenditure under 
                            this subsection with respect to the 
                            candidate during the election cycle at any 
                            time after it makes any independent 
                            expenditure (as defined in section 431(17)) 
                            with respect to the candidate during the 
                            election cycle; or

                                (ii) any independent expenditure (as 
                            defined in section 431(17) with respect to 
                            the candidate during the election cycle at 
                            any time after it makes any coordinated 
                            expenditure under this subsection with 
                            respect to the candidate during the election 
                            cycle.

                            (B) Application.--For purposes of this 
                        paragraph, all political committees established 
                        and maintained by a national political party 
                        (including all congressional campaign 
                        committees) and all political committees 
                        established and maintained by a State political 
                        party (including any subordinate committee of a 
                        State committee) shall be considered to be a 
                        single political committee.
                            (C) Transfers.--A committee of a political 
                        party that makes coordinated expenditures under 
                        this subsection with respect to a candidate 
                        shall not, during an election cycle, transfer 
                        any funds to, assign authority to make 
                        coordinated expenditures under this subsection 
                        to, or receive a transfer of funds from, a 
                        committee of the political party that has made 
                        or intends to make an independent expenditure 
                        with respect to the candidate.

[[Page 400]]

            (e) Certification and publication of estimated voting age 
                population
                During the first week of January 1975, and every 
            subsequent year, the Secretary of Commerce shall certify to 
            the Commission and publish in the Federal Register an 
            estimate of the voting age population of the United States, 
            of each State, and of each congressional district as of the 
            first day of July next preceding the date of certification. 
            The term ``voting age population'' means resident 
            population, 18 years of age or older.
            (f) Prohibited contributions and expenditures
                No candidate or political committee shall knowingly 
            accept any contribution or make any expenditure in violation 
            of the provisions of this section. No officer or employee of 
            a political committee shall knowingly accept a contribution 
            made for the benefit or use of a candidate, or knowingly 
            make any expenditure on behalf of a candidate, in violation 
            of any limitation imposed on contributions and expenditures 
            under this section.
            (g) Attribution of multi-State expenditures to candidate's 
                expenditure limitation in each State
                The Commission shall prescribe rules under which any 
            expenditure by a candidate for presidential nominations for 
            use in 2 or more States shall be attributed to such 
            candidate's expenditure limitation in each such State, based 
            on the voting age population in such State which can 
            reasonably be expected to be influenced by such expenditure.
            (h) Senatorial candidates
                Notwithstanding any other provision of this Act, amounts 
            totaling not more than $35,000 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.
            (i) Increased limit to allow response to expenditures from 
                personal funds
                (1) Increase.--
                            (A) In general.--Subject to paragraph (2), 
                        if the opposition personal funds amount with 
                        respect to a candidate for election to the 
                        office of Senator exceeds the threshold amount, 
                        the limit under subsection (a)(1)(A) (in this 
                        subsection referred to as the ``applicable 
                        limit'') with respect to that candidate shall be 
                        the increased limit.
                            (B) Threshold amount.--

                                (i) State-by-State competitive and fair 
                            campaign formula.--In this subsection, the 
                            threshold amount with respect to an election 
                            cycle of a candidate described in 
                            subparagraph (A) is an amount equal to the 
                            sum of--

                                        (I) $150,000; and

                                        (II) $0.04 multiplied by the 
                                    voting age population.

                                (ii) Voting age population.--In this 
                            subparagraph, the term ``voting age 
                            population'' means in the case of a 
                            candidate for

[[Page 401]]

                            the office of Senator, the voting age 
                            population of the State of the candidate (as 
                            certified under section 315(e)).

                            (C) Increased Limit.--Except as provided in 
                        clause (ii), for purposes of subparagraph (A), 
                        if the opposition personal funds amount is 
                        over--

                                (i) 2 times the threshold amount, but 
                            not over 4 times that amount--

                                        (I) the increased limit shall be 
                                    3 times the applicable limit; and

                                        (II) the limit under subsection 
                                    (a)(3) shall not apply with respect 
                                    to any contribution made with 
                                    respect to a candidate if such 
                                    contribution is made under the 
                                    increased limit of subparagraph (A) 
                                    during a period in which the 
                                    candidate may accept such a 
                                    contribution;

                            (ii) 4 times the threshold amount, but not 
                        over 10 times that amount--

                                (I) the increased limit shall be 6 times 
                            the applicable limit; and

                                (II) the limit under subsection (a)(3) 
                            shall not apply with respect to any 
                            contribution made with respect to a 
                            candidate if such contribution is made under 
                            the increased limit of subparagraph (A) 
                            during a period in which the candidate may 
                            accept such a contribution; and

                            (iii) 10 times the threshold amount--

                                (I) the increased limit shall be 6 times 
                            the applicable limit;

                                (II) the limit under subsection (a)(3) 
                            shall not apply with respect to any 
                            contribution made with respect to a 
                            candidate if such contribution is made under 
                            the increased limit of subparagraph (A) 
                            during a period in which the candidate may 
                            accept such a contribution; and

                                (III) the limits under subsection (d) 
                            with respect to any expenditure by a State 
                            or national committee of a political party 
                            shall not apply.

                            (D) Opposition personal funds amount.--The 
                        opposition personal funds amount is an amount 
                        equal to the excess (if any) of--

                                (i) the greatest aggregate amount of 
                            expenditures from personal funds (as defined 
                            in section 434(a)(6)(B)) that an opposing 
                            candidate in the same election makes; over

                                (ii) the aggregate amount of 
                            expenditures from personal funds made by the 
                            candidate with respect to the election.

                (E) Special rule for candidate's campaign funds.--
                            (i) In general.--For purposes of determining 
                        the aggregate amount of expenditures from 
                        personal funds under subparagraph (D)(ii), such 
                        amount shall include the gross receipts 
                        advantage of the candidate's authorized 
                        committee.
                            (ii) Gross receipts advantage.--For purposes 
                        of clause (i), the term ``gross receipts 
                        advantage'' means the excess, if any, of--

                                (I) the aggregate amount of 50 percent 
                            of gross receipts of a candidate's 
                            authorized committee during any election 
                            cycle (not including contributions from 
                            personal funds of the candidate) that may be 
                            expended in connection with the election, as 
                            determined on June 30 and December 31 of the 
                            year preceding the year in which a general 
                            election is held, over

[[Page 402]]

                                (II) the aggregate amount of 50 percent 
                            of gross receipts of the opposing 
                            candidate's authorized committee during any 
                            election cycle (not including contributions 
                            from personal funds of the candidate) that 
                            may be expended in connection with the 
                            election as determined on June 30 and 
                            December 31 of the year preceding the year 
                            in which a general election is held.

                (2) Time to accept contributions under increased 
            limit.--
                (A) In general.--Subject to subparagraph (B), a 
            candidate and the candidate's authorized committee shall not 
            accept any contribution, and a party committee shall not 
            make any expenditure, under the increased limit under 
            paragraph (1)--
                            (i) until the candidate has received 
                        notification of the opposition personal funds 
                        amount under section 434(a)(6)(B); and
                            (ii) to the extent that such contribution, 
                        when added to the aggregate amount of 
                        contributions previously accepted and party 
                        expenditures previously made under the increased 
                        limits under this subsection for the election 
                        cycle, exceeds 110 percent of the opposition 
                        personal funds amount.
                (B) Effect of withdrawal of an opposing candidate.--A 
            candidate and a candidate's authorized committee shall not 
            accept any contribution and a party shall not make any 
            expenditure under the increased limit after the date on 
            which an opposing candidate ceases to be a candidate to the 
            extent that the amount of such increased limit is 
            attributable to such an opposing candidate.
                (3) Disposal of excess contributions.--
                            (A) In general.--The aggregate amount of 
                        contributions accepted by a candidate or a 
                        candidate's authorized committee under the 
                        increased limit under paragraph (1) and not 
                        otherwise expended in connection with the 
                        election with respect to which such 
                        contributions relate shall, not later than 50 
                        days after the date of such election, be used in 
                        the manner described in subparagraph (B).
                            (B) Return to contributors.--A candidate or 
                        a candidate's authorized committee shall return 
                        the excess contribution to the person who made 
                        the contribution.
            (j) Limitation on repayment of personal loans
                Any candidate who incurs personal loans made after the 
            effective date of the Bipartisan Campaign Reform Act of 2002 
            in connection with the candidate's campaign for election 
            shall not repay (directly or indirectly), to the extent such 
            loans exceed $250,000, such loans from any contributions 
            made to such candidate or any authorized committee of such 
            candidate after the date of such election.

            (Pub. L. 94-283, Sec. 112(2), May 11, 1976, 90 Stat. 486; 
            Pub. L. 96-187, Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
            1354; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
            Pub. L. 107-155, Mar. 27, 2002, 116 Stat. 81.)

       537  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 what

[[Page 403]]

            ever, 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'' includes a 
            contribution or expenditure, as those terms are defined in 
            section 431, and also includes 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 or for any 
            applicable electioneering communication, in connection with 
            any election to any of the offices referred to in this 
            section, but shall not include (A) communications by a 
            corporation to its stockholders and executive or 
            administrative personnel and their families or by a labor 
            organization to its members and their families on any 
            subject; (B) nonpartisan registration and get-out-the-vote 
            campaigns by a corporation aimed at its stockholders and 
            executive or administrative personnel and their families, or 
            by a labor organization aimed at its members and their 
            families; and (C) the establishment, administration, and 
            solicitation of contributions to a separate segregated fund 
            to be utilized for political purposes by a corporation, 
            labor organization, membership organization, cooperative, or 
            corporation without capital stock.
                (3) It shall be unlawful--
                            (A) for such a fund to make a contribution 
                        or expenditure by utilizing money or anything of 
                        value secured by physical force, job 
                        discrimination, financial reprisals, or the 
                        threat of force, job discrimination, or 
                        financial reprisal; or by dues, fees, or other 
                        moneys required as a condition of membership in 
                        a labor organization or as a condition of 
                        employment, or by moneys obtained in any 
                        commercial transaction;
                            (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

[[Page 404]]

                        solicitation, of his right to refuse to so 
                        contribute without any reprisal.
                (4)(A) Except as provided in subparagraphs (B), (C), and 
            (D), it shall be unlawful--
                            (i) for a corporation, or a separate 
                        segregated fund established by a corporation, to 
                        solicit contributions to such a fund from any 
                        person other than its stockholders and their 
                        families and its executive or administrative 
                        personnel and their families, and
                            (ii) for a labor organization, or a separate 
                        segregated fund established by a labor 
                        organization, to solicit contributions to such a 
                        fund from any person other than its members and 
                        their families.
                (B) It shall not be unlawful under this section for a 
            corporation, a labor organization, or a separate segregated 
            fund established by such corporation or such labor 
            organization, to make 2 written solicitations for 
            contributions during the calendar year from any stockholder, 
            executive or administrative personnel, or employee of a 
            corporation or the families of such persons. A solicitation 
            under this subparagraph may be made only by mail addressed 
            to stockholders, executive or administrative personnel, or 
            employees at their residence and shall be so designed that 
            the corporation, labor organization, or separate segregated 
            fund conducting such solicitation cannot determine who makes 
            a contribution of $50 or less as a result of such 
            solicitation who does not make such a contribution.
                (C) This paragraph shall not prevent a membership 
            organization, cooperative, or corporation without capital 
            stock, or a separate segregated fund established by a 
            membership organization, cooperative, or corporation without 
            capital stock, from soliciting contributions to such a fund 
            from members of such organization, cooperative, or 
            corporation without capital stock.
                (D) This paragraph shall not prevent a trade association 
            or a separate segregated fund established by a trade 
            association from soliciting contributions from the 
            stockholders and executive or administrative personnel of 
            the member corporations of such trade association and the 
            families of such stockholders or personnel to the extent 
            that such solicitation of such stockholders and personnel, 
            and their families, has been separately and specifically 
            approved by the member corporation involved, and such member 
            corporation does not approve any such solicitation by more 
            than one such trade association in any calendar year.
                (5) Notwithstanding any other law, any method of 
            soliciting voluntary contributions or of facilitating the 
            making of voluntary contributions to a separate segregated 
            fund established by a corporation, permitted by law to 
            corporations with regard to stockholders and executive or 
            administrative personnel, shall also be permitted to labor 
            organizations with regard to their members.
                (6) Any corporation, including its subsidiaries, 
            branches, divisions, and affiliates, that utilizes a method 
            of soliciting voluntary contributions or facilitating the 
            making of voluntary contributions, shall make available such 
            method, on written request and at a cost sufficient only to 
            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

[[Page 405]]

            on a salary, rather than hourly, basis and who have 
            policymaking, managerial, professional, or supervisory 
            responsibilities.
            (c) Rules relating to electioneering communications
                (1) Applicable electioneering communication.--For 
            purposes of this section, the term ``applicable 
            electioneering communication'' means an electioneering 
            communication (within the meaning of section 434(f)(3)) 
            which is made by any entity described in subsection (a) of 
            this section or by any other person using funds donated by 
            any entity described in subsection (a) of this section.
                (2) Exception.--Notwithstanding paragraph (1), the term 
            ``applicable electioneering communication'' does not include 
            a communication by a section 501(c)(4) organization or a 
            political organization (as defined in section 527(e)(1) of 
            the Internal Revenue Code of 1986) made under section 
            434(f)(2)(E) or (F) if the communication is paid for 
            exclusively by funds provided directly by individuals who 
            are United States citizens or nationals or lawfully admitted 
            for permanent residence (as defined in section 101(a)(20) of 
            the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). 
            For purposes of the preceding sentence, the term ``provided 
            directly by individuals'' does not include funds the source 
            of which is an entity described in subsection (a) of this 
            section.
                (3) Special operating rules.--
                            (A) Definition under paragraph (1).--An 
                        electioneering communication shall be treated as 
                        made by an entity described in subsection (a) if 
                        an entity described in subsection (a) directly 
                        or indirectly disburses any amount for any of 
                        the costs of the communication.
                            (B) Exception under paragraph (2).--A 
                        section 501(c)(4) organization that derives 
                        amounts from business activities or receives 
                        funds from any entity described in subsection 
                        (a) shall be considered to have paid for any 
                        communication out of such amounts unless such 
                        organization paid for the communication out of a 
                        segregated account to which only individuals can 
                        contribute, as described in section 
                        434(f)(2)(E).
                (4) Definitions and rules.--For purposes of this 
            subsection--
                            (A) the term ``section 501(c)(4) 
                        organization'' means--

                                (i) an organization described in section 
                            501(c)(4) of the Internal Revenue Code of 
                            1986 and exempt from taxation under section 
                            501(a) of such Code; or

                                (ii) an organization which as submitted 
                            an application to the Internal Revenue 
                            Service for determination of its status as 
                            an organization described in clause (i); and

                            (B) a person shall be treated as having made 
                        a disbursement if the person has executed a 
                        contract to make the disbursement.
                (5) Coordination with Internal Revenue Code.--Nothing in 
            this subsection shall be construed to authorize an 
            organization exempt from taxation under section 501(a) of 
            the Internal Revenue Code of 1986 to carry out any activity 
            which is prohibited under such Code.
                (6) Special rules for targeted communications.--
                            (A) Exception does not apply.--Paragraph (2) 
                        shall not apply in the case of a targeted 
                        communication that is made by an organization 
                        described in such paragraph.
                            (B) Targeted communication.--For purposes of 
                        subparagraph (A), the term ``targeted 
                        communication'' means an electioneering commu

[[Page 406]]

                        nication (as defined in section 434(f)(3)) that 
                        is distributed from a television or radio 
                        broadcast station or provider of cable or 
                        satellite television service and, in the case of 
                        a communication which refers to a candidate for 
                        an office other than President or Vice 
                        President, is targeted to the relevant 
                        electorate.
                            (C) Definition.--For purposes of this 
                        paragraph, a communication is ``targeted to the 
                        relevant electorate'' if it meets the 
                        requirements described in section 434(f)(3)(C).

            (Pub. L. 94-283, Sec. 112(2), (May 11, 1976, 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; 
            Pub. L. 107-155, Sec. Sec. 203, 204, 214(d), Mar. 27, 2002, 
            116. Stat. 91, 92, 95.)

       538  Sec. 441c. Contributions by government contractors.
            (a) Prohibition
                It shall be unlawful for any person--
                            (1) who enters into any contract with the 
                        United States or any department or agency 
                        thereof either for the rendition of personal 
                        services or furnishing any material, supplies, 
                        or equipment to the United States or any 
                        department or agency thereof or for selling any 
                        land or building to the United States or any 
                        department or agency thereof, if payment for the 
                        performance of such contract or payment for such 
                        material, supplies, equipment, land, or building 
                        is to be made in whole or in part from funds 
                        appropriated by the Congress, at any time 
                        between the commencement of negotiations for and 
                        the later of (A) the completion of performance 
                        under; or (B) the termination of negotiations 
                        for, such contract or furnishing of material, 
                        supplies, equipment, land, or buildings, 
                        directly or indirectly to make any contribution 
                        of money or other things of value, or to promise 
                        expressly or impliedly to make any such 
                        contribution to any political party, committee, 
                        or candidate for public office or to any person 
                        for any political purpose or use; or
                            (2) knowingly to solicit any such 
                        contribution from any such person for any such 
                        purpose during any such period.
            (b) Separate segregated funds
                This section does not prohibit or make unlawful the 
            establishment or administration of, or the solicitation of 
            contributions to, any separate segregated fund by any 
            corporation, labor organization, membership organization, 
            cooperative, or corporation without capital stock for the 
            purpose of influencing the nomination for election, or 
            election, of any person to Federal office, unless the 
            provisions of section 441b of this title 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 of this title 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. (Pub. L. 94-283, Sec. 112(2), May 
            11, 1976, 90 Stat. 492; Pub. L. 96-187, Title I, 
            Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354.)

[[Page 407]]


       539  Sec. 441d. Publication and distribution of statements and 
                solicitations; charge for newspaper or magazine space.
                (a) Whenever a political committee makes a disbursement 
            for the purpose of financing any communication through any 
            broadcasting station, newspaper, magazine, outdoor 
            advertising facility, mailing, or any other type of general 
            public political advertising, or whenever any person makes a 
            disbursement 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, mailing, or any other type of general 
            public political advertising or makes a disbursement for an 
            electioneering communication (as defined in section 
            434(f)(3)), 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 and 
                        permanent street address, telephone number, or 
                        World Wide Web address 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.
            (c) Specification
                Any printed communication described in subsection (a) 
            shall--
                (1) be of sufficient type size to be clearly readable by 
            the recipient of the communication;
                (2) be contained in a printed box set apart from the 
            other contents of the communication; and
                (3) be printed with a reasonable degree of color 
            contrast between the background and the printed statement.
            (d) Additional requirements
                (1) Communications by candidates or authorized 
            persons.--
                            (A) By radio.--Any communication described 
                        in paragraph (1) or (2) of subsection (a) which 
                        is transmitted through radio shall include, in 
                        addition to the requirements of that paragraph, 
                        an audio statement by the candidate that 
                        identifies the candidate and states that the 
                        candidate has approved the communication.
                            (B) By television.--Any communication 
                        described in paragraph (1) or (2) of subsection 
                        (a) which is transmitted through television 
                        shall include, in addition to the requirements 
                        of that paragraph, a statement that identifies 
                        the candidate and states that the candidate has 
                        approved the communication. Such statement--

[[Page 408]]

                                (i) shall be conveyed by--

                                        (I) an unobscured, full-screen 
                                    view of the candidate making the 
                                    statement, or

                                        (II) the candidate in voice-
                                    over, accompanied by a clearly 
                                    identifiable photographic or similar 
                                    image of the candidate; and

                                (ii) shall also appear in writing at the 
                            end of the communication in a clearly 
                            readable manner with a reasonable degree of 
                            color contrast between the background and 
                            printed statements, for a period of at least 
                            4 seconds.

                (2) Communications by others.--Any communication 
            described in paragraph (3) of subsection (a) which is 
            transmitted through radio or television shall include, in 
            addition to the requirements of that paragraph, in a clearly 
            spoken manner, the following audio statement: ``___ is 
            responsible for the content of this advertising'' (with the 
            blank to be filled in with the name of the political 
            committee or other person paying for the communication and 
            the name of any connected organization of the payor). If 
            transmitted through television, the statement shall be 
            conveyed by an unobscured, full-screen view of a 
            representative of the political committee or other person 
            making the statement, or by a representative of such 
            political committee or other person in voice-over, and shall 
            also appear in a clearly readable manner with a reasonable 
            degree of color contrast between the background and the 
            printed statement, for a period of at least 4 seconds.

            (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, 
            Sec. Sec. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365; 
            Pub. L. 107-155, Sec. 311, Mar. 27, 2002, 116 Stat. 105.)

       540  Sec. 441e. Contributions and donations by foreign nationals.
                (a) Prohibition.--It shall be unlawful for--
                (1) a foreign national, directly or indirectly, to 
            make--
                            (A) a contribution or donation of money or 
                        other thing of value, or to make an express or 
                        implied promise to make a contribution or 
                        donation, in connection with a Federal, State, 
                        or local election;
                            (B) a contribution or donation to a 
                        committee of a political party; or
                            (C) an expenditure, independent expenditure, 
                        or disbursement for an electioneering 
                        communication (within the meaning of section 
                        434(f)(3)); or
                (2) a person to solicit, accept, or receive a 
            contribution or donation described in subparagraph (A) or 
            (B) of paragraph (1) from a foreign national.
                (b) As used in this section, the term ``foreign 
            national'' means--
                            (1) a foreign principal, as such term is 
                        defined by section 611(b) Title 22 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 or a national of the United 
                        States (as defined in section 101(a)(22) of the 
                        Immigration and Nationality Act) and who is not 
                        lawfully admitted for permanent residence, as 
                        defined by section 101(a)(20) of such Act (8 
                        U.S.C. 1101(a)(20)) (Pub. L. 94-283, 
                        Sec. 112(2), May 11, 1976, 90 Stat. 493; Pub. L. 
                        96-187, Title I, Sec. 105(5), Jan. 8,

[[Page 409]]

                        1980, 93 Stat. 1354; Pub. L. 107-155, Sec. Sec.  
                        303, 317, Mar. 27, 2002, 116 Stat. 96, 109.)
       541  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. (Pub. L. 94-283, Sec. 112(2), May 11, 1976, 
            90 Stat. 494; Pub. L. 96-187, Title I, Sec. 105(5), Jan. 8, 
            1980, 93 Stat. 1354.)
       542  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. 
            (Pub. L. 94-283, Sec. 112(2), May 11, 1976, 90 Stat. 494; 
            Pub. L. 96-187, Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
            1354.)
       543  Sec. 441h. Fraudulent misrepresentation of campaign 
                authority.
                (a) In general.--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).
                (b) Fraudulent solicitation of funds.--No person shall--
                            (1) fraudulently misrepresent the person as 
                        speaking, writing, or otherwise acting for or on 
                        behalf of any candidate or political party or 
                        employee or agent thereof for the purpose of 
                        soliciting contributions or donations; or
                            (2) willfully and knowingly participate in 
                        any plan, scheme, or design to violate paragraph 
                        (1).

            (Pub. L. 94-283, Sec. 112(2), May 11, 1976, 90 Stat. 494; 
            Pub. L. 96-187, Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
            1354; Pub. L. 107-155, Sec. 309, Mar. 27, 2002, 116 Stat. 
            104.)

       544  Sec. 441i. Soft money of political parties
                (a) National committees.--
                            (1) In general.--A national committee of a 
                        political party (including a national 
                        congressional campaign committee of a political 
                        party) may not solicit, receive, or direct to 
                        another person a contribution, donation, or 
                        transfer of funds or any other thing of value, 
                        or spend any funds, that are not subject to the 
                        limitations, prohibitions, and reporting 
                        requirements of the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et. seq.).
                            (2) Applicability.--The prohibition 
                        established by paragraph (1) applies to any such 
                        national committee, any officer or agent acting 
                        on behalf of such a national committee, and any 
                        entity that is directly or indirectly 
                        established, financed, maintained, or controlled 
                        by such a national committee.

[[Page 410]]

                (b) State, district, and local committees.--
                            (1) In general.--Except as provided in 
                        paragraph (2), an amount that is expended or 
                        disbursed for Federal election activity by a 
                        State, district, or local committee of a 
                        political party (including an entity that is 
                        directly or indirectly established, financed, 
                        maintained, or controlled by a State, district, 
                        or local committee of a political party and an 
                        officer or agent acting on behalf of such 
                        committee or entity), or by an association or 
                        similar group of candidates for State or local 
                        office or of individuals holding State or local 
                        office, shall be made from funds subject to the 
                        limitations, prohibitions, and reporting 
                        requirements of the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et. seq.).
                            (2) Applicability.--
                (A) In general.--Notwithstanding clause (i) or (ii) of 
            section 431(20)(A), and subject to subparagraph (B), 
            paragraph (1) shall not apply to any amount expended or 
            disbursed by a State, district, or local committee of a 
            political party for an activity described in either such 
            clause to the extent the amounts expended or disbursed for 
            such activity are allocated (under regulations prescribed by 
            the Commission) among amounts--
                            (i) which consist solely of contributions 
                        subject to the limitations, prohibitions, and 
                        reporting requirements of the Federal Election 
                        Campaign Act of 1971 (2 U.S.C. 431 et. seq.) 
                        (other than amounts described in subparagraph 
                        (B)(iii)); and
                            (ii) other amounts which are not subject to 
                        the limitations, prohibitions and reporting 
                        requirements of such Act (other than any 
                        requirements of this subsection).
                (B) Conditions.--Subparagraph (A) shall only apply if--
                            (i) the activity does not refer to a clearly 
                        identified candidate for Federal office;
                            (ii) the amounts expended or disbursed are 
                        not for the costs of any broadcasting, cable, or 
                        satellite communication, other than a 
                        communication which refers solely to a clearly 
                        identified candidate for State or local office;
                            (iii) the amounts expended or disbursed 
                        which are described in subparagraph (A)(ii) are 
                        paid from amounts which are donated in 
                        accordance with State law and which meet the 
                        requirements of subparagraph (C), except that no 
                        person (including any person established, 
                        financed, maintained, or controlled by such 
                        person) may donate more than $10,000 to a State, 
                        district, or local committee of a political 
                        party in a calendar year for such expenditures 
                        or disbursements; and
                            (iv) the amounts expended or disbursed are 
                        made solely from funds raised by the State, 
                        local, or district committee which makes such 
                        expenditure or disbursement, and do not include 
                        any funds provided to such committee from--

                                (I) any other State, local, or district 
                            committee of any State party,

                                (II) the national committee of a 
                            political party (including a national 
                            congressional campaign committee of a 
                            political party).

                                (III) any officer or agent acting on 
                            behalf of any committee described in 
                            subclause (I) or (II), or

[[Page 411]]

                                (IV) any entity directly or indirectly 
                            established, financed, maintained, or 
                            controlled by any committee described in 
                            subclause (I) or (II).

                (C) Prohibiting involvement of national parties, Federal 
            candidates and officeholders, and State parties acting 
            jointly.--Notwithstanding subsection (e) (other than 
            subsection (e)(3)), amounts specifically authorized to be 
            spent under subparagraph (B)(iii) meet the requirements of 
            this subparagraph only if the amounts--
                            (i) are not solicited, received, directed, 
                        transferred, or spent by or in the name of any 
                        person described in subsection (a) or (e); and
                            (ii) are not solicited, received, or 
                        directed through fundraising activities 
                        conducted jointly by 2 or more State, local, or 
                        district committees of any political party or 
                        their agents, or by a State, local, or district 
                        committee of a political party on behalf of the 
                        State, local, or district committee of a 
                        political party or its agent in one or more 
                        other States.
                (c) Fundraising costs.--An amount spent by a person 
            described in subsection (a) or (b) to raise funds that are 
            used, in whole or in part, for expenditures and 
            disbursements for a Federal election activity shall be made 
            from funds subject to the limitations, prohibitions, and 
            reporting requirements of the Federal Election Campaign Act 
            of 1971 (2 U.S.C. 431 et. seq.).
                (d) Tax-exempt organizations.--A national, State, 
            district, or local committee of a political party (including 
            a national congressional campaign committee of a political 
            party), an entity that is directly or indirectly 
            established, financed, maintained, or controlled by any such 
            national, State, district, or local committee or its agent, 
            and an officer or agent acting on behalf of any such party 
            committee or entity, shall not solicit any funds for, or 
            make or direct any donations to--
                            (1) an organization that is described in 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from taxation under section 
                        501(a) of such Code (or has submitted an 
                        application for determination of tax exempt 
                        status under such section) and that makes 
                        expenditures or disbursements in connection with 
                        an election for Federal office (including 
                        expenditures or disbursements for Federal 
                        election activity); or
                            (2) an organization described in section 527 
                        of such Code (other than a political committee, 
                        a State, district, or local committee of a 
                        political party, or the authorized campaign 
                        committee of a candidate for State or local 
                        office).
                (e) Federal candidates.--
                (1) In general.--A candidate, individual holding Federal 
            office, agent of a candidate or an individual holding 
            Federal office, or an entity directly or indirectly 
            established, financed, maintained or controlled by or acting 
            on behalf of 1 or more candidates or individuals holding 
            Federal office, shall not--
                            (A) solicit, receive, direct, transfer, or 
                        spend funds in connection with an election for 
                        Federal office, including funds for any Federal 
                        election activity, unless the funds are subject 
                        to the limitations, prohibitions, and reporting 
                        requirements of the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et. seq.); or

[[Page 412]]

                            (B) solicit, receive, direct, transfer, or 
                        spend funds in connection with any election 
                        other than an election for Federal office or 
                        disburse funds in connection with such an 
                        election unless the funds--

                                (i) are not in excess of the amounts 
                            permitted with respect to contributions to 
                            candidates and political committees under 
                            paragraphs (1), (2), and (3) of section 
                            441a(a); and

                                (ii) are not from sources prohibited by 
                            the Federal Election Campaign Act of 1971 (2 
                            U.S.C. 431 et. seq.) from making 
                            contributions in connection with an election 
                            for Federal office.

                (2) State law.--Paragraph (1) does not apply to the 
            solicitation, receipt, or spending of funds by an individual 
            described in such paragraph who is or was also a candidate 
            for a State or local office solely in connection with such 
            election for State or local office if the solicitation, 
            receipt, or spending of funds is permitted under State law 
            and refers only to such State or local candidate, or to any 
            other candidate for the State or local office sought by such 
            candidate, or both.
                (3) Fundraising events.--Nothwithstanding paragraph (1) 
            or subsection (b)(2)(C), a candidate or an individual 
            holding Federal office may attend, speak, or be a featured 
            guest at a fundraising event for a State, district, or local 
            committee of a political party.
                (4) Permitting certain solicitations.--
                            (A) General solicitations.--Notwithstanding 
                        any other provision of this subsection, an 
                        individual described in paragraph (1) may make a 
                        general solicitation of funds on behalf of any 
                        organization that is described in section 501(c) 
                        of the Internal Revenue Code of 1986 and exempt 
                        from taxation under section 501(a) of such Code 
                        (or has submitted an application for 
                        determination of tax exempt status under such 
                        section) (other than an entity whose principal 
                        purpose is to conduct activities described in 
                        clauses (i) and (ii) of section 431(20)(A)) 
                        where such solicitation does not specify how the 
                        funds will or should be spent.
                            (B) Certain specific solicitations.--In 
                        addition to the general solicitations permitted 
                        under subparagraph (A), an individual described 
                        in paragraph (1) may make a solicitation 
                        explicitly to obtain funds for carrying out the 
                        activities described in clauses (i) and (ii) of 
                        section 431(20)(A), or for an entity whose 
                        principal purpose is to conduct such activities, 
                        if--

                                (i) the solicitation is made only to 
                            individuals; and

                                (ii) the amount solicited from any 
                            individual during any calendar year does not 
                            exceed $20,000.

                (f) State candidates.--
                            (1) In general.--A candidate for State or 
                        local office, individual holding State or local 
                        office, or an agent of such a candidate or 
                        individual may not spend any funds for a 
                        communication described in section 
                        431(20)(A)(iii) unless the funds are subject to 
                        the limitations, prohibitions, and reporting 
                        requirements of the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et. seq.).
                            (2) Exception for certain communications.--
                        Paragraph (1) shall not apply to an individual 
                        described in such paragraph if the communication 
                        involved is in connection with an election for 
                        such State or local office and refers only to 
                        such individual or to any other candidate for 
                        the State or local office held or sought by such 
                        individual, or both.

[[Page 413]]

            (Pub. L. 107-155, Sec. 101(a), Mar. 27, 2002, 116 Stat. 82.)

       545  Sec. 441j. (Repealed.)
       546  Sec. 441k. Prohibition of contribution by minors.
                An individual who is 17 years old or younger shall not 
            make a contribution to a candidate or a contribution or 
            donation to a committee of a political party. (Pub. L. 107-
            155, Sec. 318, Mar. 27, 2002, 116 Stat. 109.)
       547  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 72a(i) of 
            this title, (3) with the prior consent of the Government 
            department or agency concerned and the Committee on Rules 
            and Administration, to use on a reimbursable basis the 
            services of personnel of any such department or agency, and 
            (4) to incur official travel expenses. Payments to carry out 
            the provisions of this paragraph shall be made from funds 
            included in the appropriation ``Miscellaneous Items'' under 
            the heading ``Contingent Expenses of the Senate'' upon 
            vouchers approved by the Secretary of the Senate. All sums 
            received by the Secretary under authority of the Federal 
            Election Campaign Act of 1971 shall be covered into the 
            Treasury as miscellaneous receipts. (Pub. L. 92-342, 
            Sec. 101, July 10, 1972, 86 Stat. 435.)
            
                          Subchapter II--General Provisions

       548  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.
       549  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 [42 U.S.C. 2701 et seq.] 
            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

[[Page 414]]

            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. 
            (Pub. L. 92-225, Sec. 402, Feb. 7, 1972, 86 Stat. 19; Pub. 
            L. 93-443, Sec. 201(b)(2), Oct. 15, 1974, 88 Stat. 1275.)
       550  Sec. 453. State laws affected.
                (a) In general.--Subject to subsection (b), the 
            provisions of the Federal Election Campaign Act of 1971 (2 
            U.S.C. 431 et. seq.), and of rules prescribed under such 
            Act, supersede and preempt any provision of State law with 
            respect to election to Federal Office.
                (b) State and local committees of political parties.--
            Notwithstanding any other provision of the Federal Election 
            Campaign Act of 1971 (2 U.S.C. 431 et. seq.), a State or 
            local committee of a political party may, subject to State 
            law, use exclusively funds that are not subject to the 
            prohibitions, limitations, and reporting requirements of the 
            Act for the purchase or construction of an office building 
            for such State or local committee. (Pub. L. 92-225, 
            Sec. 403, Feb. 7, 1972, 86 Stat. 20; Pub. L. 93-443, 
            Sec. 301, Oct. 15, 1974, 88 Stat. 1289; Pub. L. 107-155, 
            Sec. 103(b), Mar. 27, 2002, 116 Stat. 87.)
       551  Sec. 454. Partial invalidity.
                If any provision of the Federal Election Campaign Act of 
            1971 (2 U.S.C. 431 et. seq.), 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. (Pub. L. 92-225, Sec. 404, Feb. 7, 1972, 
            86 Stat. 20.)
      552   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 
            5 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. (Pub. L. 92-225, Sec. 406, Feb. 7, 1972, as added, 
            Pub. L. 93-443, Sec. 302, Oct. 15, 1974, 88 Stat. 1289; Pub. 
            L. 94-283, Sec. 115(f), May 11, 1976, 90 Stat. 496; Pub. L. 
            107-155, Sec. 313, Mar. 27, 2002, 116 Stat. 106.)

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

       560  Sec. 471. Congressional findings and declaration of purpose.
                The Congress hereby finds and declares that:

[[Page 415]]

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

       561  Sec. 472. Office of Technology Assessment.
            (a) Creation
                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) Composition
                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) Functions and duties
                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;

[[Page 416]]

                            (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) of this section 
                        may direct.
            (d) Initiation of assessment activities
                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) Availability of information
                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. (Pub. 
                        L. 92-484, Sec. 3, Oct. 13, 1972, 86 Stat. 797.)
       562  Sec. 473. Technology Assessment Board.
            (a) Membership
                The Board shall consist of thirteen members as follows:
                            (1) six Members of the Senate, appointed by 
                        the President pro tempore of the Senate, three 
                        from the majority party and three from the 
                        minority party;
                            (2) six Members of the House of 
                        Representatives appointed by the Speaker of the 
                        House of Representatives, three from the 
                        majority party and three from the minority 
                        party; and
                            (3) the Director, who shall not be a voting 
                        member.
            (b) Execution of functions during vacancies; filling of 
                vacancies
                Vacancies in the membership of the Board shall not 
            affect the power of the remaining members to execute the 
            functions of the Board and shall be filled in the same 
            manner as in the case of the original appointment.

[[Page 417]]

            (c) Chairman and vice chairman; selection procedure
                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) Meetings; powers of Board
                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. (Pub. L. 92-484, Sec. 4, Oct. 13, 1972, 86 Stat. 
            798.)
       563  Sec. 474. Director of Office of Technology Assessment.
            (a) Appointment; term; compensation
                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) Powers and duties
                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) Deputy Director; appointment; functions; compensation
                The Director may appoint with the approval of the Board, 
            a Deputy Director who shall perform such functions as the 
            Director may prescribe and who shall be Acting Director 
            during the absence or incapacity of the Director or in the 
            event of a vacancy in the office of Director. The Deputy 
            Director shall receive basic pay at the rate provided for 
            level IV of the Executive Schedule under section 5315 of 
            Title 5.
            (d) Restrictions on outside employment activities of 
                Director and Deputy Director
                Neither the Director nor the Deputy Director shall 
            engage in any other business, vocation, or employment than 
            that of serving as such

[[Page 418]]

            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 for, 
            any organization, agency, or institution with which the 
            Office makes any contract or other arrangement under this 
            chapter. (Pub. L. 92-484, Sec. 5, Oct. 13, 1972, 86 Stat. 
            799.)
       564  Sec. 475. Powers of Office of Technology Assessment.
            (a) Use of public and private personnel and organizations; 
                formation of special ad hoc task forces; contracts with 
                governmental, etc., agencies and instrumentalities; 
                advance, progress, and other payments; utilization of 
                services of voluntary and uncompensated personnel; 
                acquisition, holding, and disposal of real and personal 
                property; promulgation of rules and regulations
                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 5 of title 41;
                            (3) make advance, progress, and other 
                        payments which relate to technology assessment 
                        without regard to the provisions of section 
                        3324(a) and (b) of title 31;
                            (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) Recordkeeping by contractors and other parties entering 
                into contracts and other arrangements with Office; 
                availability of books and records to Office and 
                Comptroller General for audit and examination
                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

[[Page 419]]

            of the United States, or any of their duly authorized 
            representatives, for the purpose of audit and examination.
            (c) Operation of laboratories, pilot plants, or test 
                facilities
                The Office, in carrying out the provisions of this 
            chapter, shall not, itself, operate any laboratories, pilot 
            plants, or test facilities.
            (d) Requests to executive departments or agencies for 
                information, suggestions, estimates, statistics, and 
                technical assistance; duty of executive departments and 
                agencies to furnish information, etc.
                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) Requests to heads of executive departments or agencies 
                for detail of personnel; reimbursement
                On request of the Office, the head of any executive 
            department or agency may detail, with or without 
            reimbursement, any of its personnel to assist the Office in 
            carrying out its functions under this chapter.
            (f) Appointment and compensation of personnel
                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. (Pub. L. 92-484, Sec. 6, Oct. 
            13, 1972, 86 Stat. 799.)
       565  Sec. 476. Technology Assessment Advisory Council.
            (a) Establishment; composition
                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) Duties
                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.

[[Page 420]]

            (c) Chairman and Vice Chairman; election by Council from 
                members appointed from public; terms and conditions of 
                service
                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) Terms of office of members appointed from public; 
                reappointment
                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) of this 
            section more than twice. Terms of the members appointed 
            under subsection (a)(1) of this section shall be staggered 
            so as to establish a rotating membership according to such 
            method as the Board may devise.
            (e) Payment to Comptroller General and Director of 
                Congressional Research Service of travel and other 
                necessary expenses; payment to members appointed from 
                public of compensation and reimbursement for travel, 
                subsistence, and other necessary expenses
                (1) The members of the Council other than those 
            appointed under subsection (a)(1) of this section 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) of this section shall receive compensation 
            for each day engaged in the actual performance of duties 
            vested in the Council at rates of pay not in excess of the 
            daily equivalent of the highest rate of basic pay set forth 
            in the General Schedule of section 5332(a) of Title 5, and 
            in addition shall be reimbursed for travel, subsistence, and 
            other necessary expenses in the manner provided for other 
            members of the Council under paragraph (1) of this 
            subsection. (Pub. L. 92-484, Sec. 7, Oct. 13, 1972, 86 Stat. 
            800; Pub. L. 99-234, Title I, Sec. 107(a), Jan. 2, 1986, 99 
            Stat. 1759.)

            (The Federal Advisory Committee Act (5 U.S.C. App.) provides 
            that each advisory committee in existence on October 6, 1972 
            shall terminate not later than October 6, 1974 unless its 
            duration is otherwise provided for in law.)

[[Page 421]]


       566  Sec. 477. Utilization of services of Library of Congress.
            (a) Authority of Librarian to make available services and 
                assistance of Congressional Research Service
                 To carry out the objectives of this chapter, 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) Scope of services and assistance
                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) Services or responsibilities performed by Congressional 
                Research Service for Congress not altered or modified; 
                authority of Librarian to establish within Congressional 
                Research Service additional divisions, etc.
                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 chapter.
            (d) Reimbursement for services and assistance
                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. (Pub. L. 92-484, Sec. 8, Oct. 13, 
            1972, 86 Stat. 801.)
       567  Sec. 478. Utilization of services of General Accounting 
                Office.
            (a) Authority of General Accounting Office to furnish 
                financial and administrative services
                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) Scope of services and assistance
                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) Services or responsibilities performed by General 
                Accounting Office for Congress not altered or modified
                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.

[[Page 422]]

            (d) Reimbursement for services and assistance
                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. (Pub. L. 92-484, Sec. 9, Oct. 13, 1972, 
            86 Stat. 802.)
       568  Sec. 479. Coordination of activities with National Science 
                Foundation.
                The Office shall maintain a continuing liaison with the 
            National Science Foundation with respect to--
                            (1) grants and contracts formulated or 
                        activated by the Foundation which are for 
                        purposes of technology assessment; and
                            (2) the promotion of coordination in areas 
                        of technology assessment, and the avoidance of 
                        unnecessary duplication or overlapping of 
                        research activities in the development of 
                        technology assessment techniques and programs. 
                        (Oct. 13, 1972, Pub. L. 92-484, Sec. 10(a), 86 
                        Stat. 802.)
       569  Sec. 480. Omitted.
                                    Codification
                Section, Pub. L. 92-484, Sec. 11, Oct. 13, 1972, 86 
            Stat. 802, which required the Office of Technology 
            Assessment to submit an annual report to Congress on 
            technology assessment and technological areas and programs 
            requiring future analysis, terminated, effective May 15, 
            2000, pursuant to section 3003 of Pub. L. 104-66, as 
            amended, set out as a note under section 1113 of Title 31, 
            Money and Finance. See, also, page 10 of House Document No. 
            103-7.
       570  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

       571  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 80.
                The Select Committee on Standards and Conduct of the 
            Senate shall provide guidance, assistance, advice and 
            counsel, through advisory opin

[[Page 423]]

            ions 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 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.

[[Page 424]]

            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.)
            
                      Chapter 17.--CONGRESSIONAL BUDGET OFFICE

       572  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.

[[Page 425]]

            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 
            consultants, by employment at rates of pay not in excess of 
            the daily equivalent of the highest rate of basic pay 
            payable under the General Schedule of section 5332 of Title 
            5.
            (d) Relationship to executive branch
                The Director is authorized to secure information, data, 
            estimates, and statistics directly from the various 
            departments, agencies, and establishments of the executive 
            branch of Government and the regulatory 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 Con

[[Page 426]]

            gress 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 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.)
       573  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

[[Page 427]]

            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 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.

[[Page 428]]

                (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 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

[[Page 429]]

                        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. 99-177, 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.)

       574  Sec. 603. Public access to budget data.
            (a) Right to copy
                Except as provided in subsections (c), (d), and (e) 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

[[Page 430]]

                            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.
            (e) Level of confidentiality
                With respect to information, data, estimates, and 
            statistics obtained under sections 201(d) and 201(e), the 
            Director shall maintain the same level of confidentiality as 
            is required by law of the department, agency, establishment, 
            or regulatory agency or commission from which it is 
            obtained. Officers and employees of the Congressional Budget 
            Office shall be subject to the same statutory penalties for 
            unauthorized disclosure or use as officers or employees of 
            the department, agency, establishment, or regulatory agency 
            or commission from which it is obtained.

            (As amended Pub. L. 106-554, Sec. 1(a)(7) [Title III, 
            Sec. 310(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-639.)

                                   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.
       575  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.
       576  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.

[[Page 431]]


       577  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, sale, trade-in, 
            or discarding. Amounts received for the sale or trade-in of 
            personal property shall be credited to funds available for 
            the operations of the Congressional Budget Office and be 
            available for the costs of acquiring the same or similar 
            property. Such funds shall be available for such purposes 
            during the fiscal year in which received and the following 
            fiscal year.
                (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; Pub. L. 
            107-68, Title I, Sec. 126, Nov. 12, 2001, 115 Stat. 577.)
                                    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.
       578  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.)
                                    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.
       579  Sec. 608. Lump-sum payments to enhance staff recruitment and 
                to reward exceptional performance
                (a) The Director of the Congressional Budget Office 
            shall have the authority to make lump-sum payments to 
            enhance staff recruitment and to reward exceptional 
            performance by an employee or a group of employees.
                (b) Subsection (a) shall apply with respect to fiscal 
            years beginning after September 30, 1999.
            
              Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

       580  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;

[[Page 432]]

                            (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.
       581  Sec. 622. Definitions.
                For purposes of this Act--
                (1) The terms ``budget outlays'' and ``outlays'' mean, 
            with respect to any fiscal year, expenditures and net 
            lending of funds under budget authority during such year.
                (2) Budget authority and new budget authority
                            (A) In general

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

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

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

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

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

                            (B) Limitations on budget authority

                                With respect to the Federal Hospital 
                            Insurance Trust Fund, the Supplementary 
                            Medical Insurance Trust Fund, the 
                            Unemployment Trust Fund, and the railroad 
                            retirement account, any amount that is 
                            precluded from obligation in a fiscal year 
                            by a provision of law (such as a limitation 
                            or a benefit formula) shall not be budget 
                            authority in that year.

                            (C) New budget authority

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

                                        (i) budget authority that first 
                                    becomes available for obligation in 
                                    that year, including budget 
                                    authority that becomes available in 
                                    that year'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.

[[Page 433]]

                (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);
                            (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.

[[Page 434]]

            95-110, Sec. 1, Sept. 20, 1977, 91 Stat. 884; Pub. L. 99-
            177, Title II, Sec. Sec. 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, Sec. Sec. 13112(a)(2), 13201(b)(1), 
            13211(a), Nov. 5, 1990, 104 Stat. 1388-607, Sec. Sec. 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.)
       582  Sec. 623. Continuing study of additional budget reform 
                proposals.
                (a) The Committees on the Budget of the House of 
            Representatives and the Senate shall study on a continuing 
            basis proposals designed to improve and facilitate methods 
            of congressional budgetmaking. The proposals to be studied 
            shall include, but are not limited to, proposals for--
                            (1) improving the information base required 
                        for determining the effectiveness of new 
                        programs by such means as pilot testing survey 
                        research, and other experimental and analytical 
                        techniques;
                            (2) improving analytical and systematic 
                        evaluation of the effectiveness of existing 
                        programs;
                            (3) establishing maximum and minimum time 
                        limitations for program authorization; and
                            (4) developing techniques of human resource 
                        accounting and other means of providing 
                        noneconomic as well as economic evaluation 
                        measures.
                (b) The Committee on the Budget of each House shall, 
            from time to time, report to its House the results of the 
            study carried on by it under subsection (a) of this section, 
            together with its recommendations.
                (c) Nothing in this section shall preclude studies to 
            improve the budgetary process by any other committee of the 
            House of Representatives or the Senate or any joint 
            committee of the Congress. (Pub. L. 93-344, Title VII, 
            Sec. 703, July 12, 1974, 88 Stat. 326.)
            
                     Subchapter I.--Congressional Budget Process

       583  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 after           Committees submit views and
 President submits Budget.              estimates to 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.

[[Page 435]]


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.)

       584  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 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 \2\ 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.
                \2\ 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;

[[Page 436]]

                            (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.
            (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

[[Page 437]]

            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 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--

[[Page 438]]

                            (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. 
            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

[[Page 439]]

            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, Sec. Sec. 303(a), 304, Oct. 27, 
            1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title II, 
            Sec. 201(b), Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100-119, 
            Title I, Sec. 106(d), Title II, Sec. 208(a), Sept. 29, 1987, 
            101 Stat. 781, 786; Pub. L. 100-418, Title V, Sec. 5302, 
            Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101-508, Title XIII, 
            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.)
       585  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

[[Page 440]]

                            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 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

[[Page 441]]

            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

                                (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,

[[Page 442]]

            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.

                (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, Sec. Sec. 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.)
       586  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

[[Page 443]]

            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.
            (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, Sec. Sec. 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.)
       587  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-

[[Page 444]]

            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.)
       588  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.
                (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.

[[Page 445]]

                (6) Debate in the House of Representatives on the 
            conference report on any concurrent resolution on the budget 
            shall be limited to not more than 5 hours, which shall be 
            divided equally between the majority and minority parties. A 
            motion further to limit debate is not debatable. A motion to 
            recommit the conference report is not in order, and it is 
            not in order to move to reconsider the vote by which the 
            conference report is agreed to or disagreed to.
                (7) Appeals from decisions of the Chair relating to the 
            application of the Rules of the House of Representatives to 
            the procedure relating to any concurrent resolution on the 
            budget shall be decided without debate.
            (b) Procedure in Senate after report of Committee; debate; 
                amendments
                (1) Debate in the Senate on any concurrent resolution on 
            the budget, and all amendments thereto and debatable motions 
            and appeals in connection therewith, shall be limited to not 
            more than 50 hours, except that with respect to any 
            concurrent resolution referred to in section 635(a) of this 
            title all such debate shall be limited to not more than 15 
            hours. The time shall be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
                (2) Debate in the Senate on any amendment to a 
            concurrent resolution on the budget shall be limited to 2 
            hours, to be equally divided between, and controlled by, the 
            mover and the manager of the concurrent resolution, and 
            debate on any amendment to an amendment, debatable motion, 
            or appeal shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            concurrent resolution, except that in the event the manager 
            of the concurrent resolution is in favor of any such 
            amendment, motion, or appeal, the time in opposition thereto 
            shall be controlled by the minority leader or his designee. 
            No amendment that is not germane to the provisions of such 
            concurrent resolution shall be received. Such leaders, or 
            either of them, may, from the time under their control on 
            the passage of the concurrent resolution, allot additional 
            time to any Senator during the consideration of any 
            amendment, debatable motion, or appeal.
                (3) Following the presentation of opening statements on 
            the concurrent resolution on the budget for a fiscal year by 
            the chairman and ranking minority member of the Committee on 
            the Budget of the Senate, there shall be a period of up to 
            four hours for debate on economic goals and policies.
                (4) Subject to the other limitations of this Act, only 
            if a concurrent resolution on the budget reported by the 
            Committee on the Budget of the Senate sets forth the 
            economic goals (as described in sections 1022(a)(2) and 
            1022a(b) of Title 15) which the estimates, amounts, and 
            levels (as described in section 632(a) of this title) set 
            forth in such resolution are designed to achieve, shall it 
            be in order to offer to such resolution an amendment 
            relating to such goals, and such amendment shall be in order 
            only if it also proposes to alter such estimates, amounts, 
            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

[[Page 446]]

            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.
                (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.

[[Page 447]]

                        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.)
       589  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.)
       590  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 subcommittees for the 
            fiscal year which begins on October 1 of that year. (Pub. L. 
            93-344, Title III, Sec. 307, July 12, 1974, 88 Stat. 313; 
            Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 
            Stat. 1051.)
       591  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

[[Page 448]]

                        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 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

[[Page 449]]

                            (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.)
       592  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.)
       593  Sec. 641. Reconciliation.
            (a) Inclusion of reconciliation directives in concurrent 
                resolutions on the budget
                A concurrent resolution on the budget for any fiscal 
            year, to the extent necessary to effectuate the provisions 
            and requirements of such resolution, shall--
                            (1) specify the total amount by which--

                                (A) new budget authority for such fiscal 
                            year;

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

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

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

                            (2) specify the total amount by which 
                        revenues are to be changed and direct that the 
                        committees having jurisdiction to determine and 
                        recommend changes in the revenue laws, bills, 
                        and resolutions to accomplish a change of such 
                        total amount;
                            (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

[[Page 450]]

                        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

                                        (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

[[Page 451]]

            with such directions solely by virtue of this subsection, 
            the chairman of that committee may file with the Senate 
            appropriately revised allocations under section 633(a) of 
            this title and revised functional levels and aggregates to 
            carry out this subsection.
                (B) Upon the submission to the Senate of a conference 
            report recommending a reconciliation bill or resolution in 
            which a committee shall be deemed to have complied with such 
            directions solely by virtue of this subsection, the chairman 
            of the Committee on the Budget of the Senate may file with 
            the Senate appropriately revised allocations under section 
            633(a) of this title and revised functional levels and 
            aggregates to carry out this subsection.
                (C) Allocations, functional levels, and aggregates 
            revised pursuant to this paragraph shall be considered to be 
            allocations, functional levels, and aggregates contained in 
            the concurrent resolution on the budget pursuant to section 
            632 of this title.
                (D) Upon the filing of revised allocations pursuant to 
            this paragraph, the reporting committee shall report revised 
            allocations pursuant to section 633(b) of this title to 
            carry out this subsection.
            (d) Limitation on amendments to reconciliation bills and 
                resolutions
                (1) It shall not be in order in the House of 
            Representatives to consider any amendment to a 
            reconciliation bill or reconciliation resolution if such 
            amendment would have the effect of increasing any specific 
            budget outlays above the level of such outlays provided in 
            the bill or resolution (for the fiscal years covered by the 
            reconciliation instructions set forth in the most recently 
            agreed to concurrent resolution on the budget), or would 
            have the effect of reducing any specific Federal revenues 
            below the level of such revenues provided in the bill or 
            resolution (for such fiscal years), unless such amendment 
            makes at least an equivalent reduction in other specific 
            budget outlays, an equivalent increase in other specific 
            Federal revenues, or an equivalent combination thereof (for 
            such fiscal years), except that a motion to strike a 
            provision providing new budget authority or new entitlement 
            authority may be in order.
                (2) It shall not be in order in the Senate to consider 
            any amendment to a reconciliation bill or reconciliation 
            resolution if such amendment would have the effect of 
            decreasing any specific budget outlay reductions below the 
            level of such outlay reductions provided (for the fiscal 
            years covered) in the reconciliation instructions which 
            relate to such bill or resolution set forth in a resolution 
            providing for reconciliation, or would have the effect of 
            reducing Federal revenue increases below the level of such 
            revenue increases provided (for such fiscal years) in such 
            instructions relating to such bill or resolution, unless 
            such amendment makes a reduction in other specific budget 
            outlays, an increase in other specific Federal revenues, or 
            a combination thereof (for such fiscal years) at least 
            equivalent to any increase in outlays or decrease in 
            revenues provided by such amendment, except that a motion to 
            strike a provision shall always be in order.
                (3) Paragraphs (1) and (2) shall not apply if a 
            declaration of war by the Congress is in effect.
                (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.

[[Page 452]]

                (5) The Committee on Rules of the House of 
            Representatives may make in order amendments to achieve 
            changes specified by reconciliation directives contained in 
            a concurrent resolution on the budget if a committee or 
            committees of the House fail to submit recommended changes 
            to its Committee on the Budget pursuant to its instruction.
            (e) Procedure in Senate
                (1) Except as provided in paragraph (2), the provisions 
            of section 636 of this title for the consideration in the 
            Senate of concurrent resolutions on the budget and 
            conference reports thereon shall also apply to the 
            consideration in the Senate of reconciliation bills reported 
            under subsection (b) of this section and conference reports 
            thereon.
                (2) Debate in the Senate on any reconciliation bill 
            reported under subsection (b) of this section, and all 
            amendments thereto and debatable motions and appeals in 
            connection therewith, shall be limited to not more than 20 
            hours.
            (f) Completion of reconciliation process
                It shall not be in order in the House of Representatives 
            to consider any resolution providing for an adjournment 
            period of more than three calendar days during the month of 
            July until the House of Representatives has completed action 
            on the reconciliation legislation for the fiscal year 
            beginning on October 1 of the calendar year to which the 
            adjournment resolution pertains, if reconciliation 
            legislation is required to be reported by the concurrent 
            resolution on the budget for such fiscal year.
            (g) Limitation on changes to Social Security Act
                Notwithstanding any other provision of law, it shall not 
            be in order in the Senate or the House of Representatives to 
            consider any reconciliation bill or reconciliation 
            resolution reported pursuant to a concurrent resolution on 
            the budget agreed to under section 632 or 635 of this title, 
            or a joint resolution pursuant to section 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, Sec. Sec. 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.)
       594  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

[[Page 453]]

                                (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 decrease 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

[[Page 454]]

                            (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, Sec. Sec. 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.)

       595  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.
                (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.

[[Page 455]]

            (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.)
       596  Sec. 644. Extraneous matter in reconciliation legislation.
            (a) In general
                When the Senate is considering a reconciliation bill or 
            a reconciliation resolution pursuant to section 641 of this 
            title (whether that bill or resolution originated in the 
            Senate or the House) or section 907d of this title, upon a 
            point of order being made by any Senator against material 
            extraneous to the instructions to a committee which is 
            contained in any title or provision of the bill or 
            resolution or offered as an amendment to the bill or 
            resolution, and the point of order is sustained by the 
            Chair, any part of said title or provision that contains 
            material extraneous to the instructions to said Committee as 
            defined in subsection (b) of this section shall be deemed 
            stricken from the bill and may not be offered as an 
            amendment from the floor.
            (b) Extraneous provisions
                (1)(A) Except as provided in paragraph (2), a provision 
            of a reconciliation bill or reconciliation resolution 
            considered pursuant to section 641 of this title shall be 
            considered extraneous if such provision does not produce a 
            change in outlays or revenues, including changes in outlays 
            and revenues brought about by changes in the terms and 
            conditions under which outlays are made or revenues are 
            required to be collected (but a provision in which outlay 
            decreases or revenue increases exactly offset outlay 
            increases or revenue decreases shall not be considered 
            extraneous by virtue of this subparagraph);
                (B) any provision producing an increase in outlays or 
            decrease in revenues shall be considered extraneous if the 
            net effect of provisions reported by the Committee reporting 
            the title containing the provision is that the Committee 
            fails to achieve its reconciliation instructions;
                (C) a provision that is not in the jurisdiction of the 
            Committee with jurisdiction over said title or provision 
            shall be considered extraneous;
                (D) a provision shall be considered extraneous if it 
            produces changes in outlays or revenues which are merely 
            incidental to the non-budgetary components of the provision;
                (E) a provision shall be considered to be extraneous if 
            it increases, or would increase, net outlays, or if it 
            decreases, or would decrease,

[[Page 456]]

            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 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--

[[Page 457]]

                            (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 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.)
       597  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

[[Page 458]]

                            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;
                            (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.

[[Page 459]]

            (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.)
       598  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.)
            
                          Subchapter II.--Fiscal Procedures

            
                             Part A.--General Provisions

       599   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

[[Page 460]]

                        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.
            (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.)

[[Page 461]]


       600  Sec. 652. Repealed.
                Pub. L. 105-33, Title X, Sec. 10116(b), Aug. 5, 1997, 
            111 Stat. 692.
       601  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, 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.)

       602  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.)
       603  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

[[Page 462]]

            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.)
       604  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

       605  Sec. 658. Definitions.
            For purposes of this part:
                (1) Agency
                            The term ``agency'' has the same meaning as 
                        defined in section 551(1) of Title 5, but does 
                        not include independent regulatory agencies.
                (2) Amount
                            The term ``amount'', with respect to an 
                        authorization of appropriations for Federal 
                        financial assistance, means the amount of budget 
                        authority for any Federal grant assistance 
                        program or any Federal program providing loan 
                        guarantees or direct loans.
                (3) Direct costs
                            The term ``direct costs''--

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

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

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

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

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

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

                                (D) shall not include--

                                        (i) estimated amounts that the 
                                    State, local, and tribal governments 
                                    (in the case of a Federal 
                                    intergovernmental

[[Page 463]]

                                    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 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

[[Page 464]]

                                            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

                                        (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.

[[Page 465]]

                (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.)
       606  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.)
       607  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 resolu

[[Page 466]]

            tion to the Director of the Congressional Budget Office and 
            shall identify to the Director any Federal mandates 
            contained in the bill or resolution.
            (c) Reports on Federal mandates
                Each report described under subsection (a) of this 
            section shall contain--
                            (1) an identification and description of any 
                        Federal mandates in the bill or joint 
                        resolution, including the direct costs to State, 
                        local, and tribal governments, and to the 
                        private sector, required to comply with the 
                        Federal mandates;
                            (2) a qualitative, and if practicable, a 
                        quantitative assessment of costs and benefits 
                        anticipated from the Federal mandates (including 
                        the effects on health and safety and the 
                        protection of the natural environment); and
                            (3) a statement of the degree to which a 
                        Federal mandate affects both the public and 
                        private sectors and the extent to which Federal 
                        payment of public sector costs or the 
                        modification or termination of the Federal 
                        mandate as provided under section 658d(a)(2) of 
                        this title would affect the competitive balance 
                        between State, local, or tribal governments and 
                        the private sector including a description of 
                        the actions, if any, taken by the committee to 
                        avoid any adverse impact on the private sector 
                        or the competitive balance between the public 
                        sector and the private sector.
            (d) Intergovernmental mandates
                If any of the Federal mandates in the bill or joint 
            resolution are Federal intergovernmental mandates, the 
            report required under subsection (a) of this section shall 
            also contain--
                            (1)(A) a statement of the amount, if any, of 
                        increase or decrease in authorization of 
                        appropriations under existing Federal financial 
                        assistance programs, or of authorization of 
                        appropriations for new Federal financial 
                        assistance, provided by the bill or joint 
                        resolution and usable for activities of State, 
                        local, or tribal governments subject to the 
                        Federal intergovernmental mandates;
                            (B) a statement of whether the committee 
                        intends that the Federal intergovernmental 
                        mandates be partly or entirely unfunded, and if 
                        so, the reasons for that intention; and
                            (C) if funded in whole or in part, a 
                        statement of whether and how the committee has 
                        created a mechanism to allocate the funding in a 
                        manner that is reasonably consistent with the 
                        expected direct costs among and between the 
                        respective levels of State, local, and tribal 
                        government; and
                            (2) any existing sources of Federal 
                        assistance in addition to those identified in 
                        paragraph (1) that may assist State, local, and 
                        tribal governments in meeting the direct costs 
                        of the Federal 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.

[[Page 467]]

            (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 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.)

       608  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;

[[Page 468]]

                                        (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

                                        (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--

[[Page 469]]

                                        (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 (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.)
       609  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 author

[[Page 470]]

                            ity 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 
                                    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 govern

[[Page 471]]

            ment from voluntarily electing to remain subject to the 
            original Federal intergovernmental mandate, complying with 
            the programmatic or financial responsibilities of the 
            original Federal intergovernmental mandate and providing the 
            funding necessary consistent with the costs of Federal 
            agency assistance, monitoring, and enforcement.
            (c) Committee on Appropriations
                (1) Application
                            The provisions of subsection (a) of 
                        section--

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

                                (B) shall apply to--

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

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

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

                                        (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.)

[[Page 472]]


       610  Sec. 658e. Provisions relating to the House of 
                Representatives.
            (a) Enforcement in the House of Representatives
                It shall not be in order in the House of Representatives 
            to consider a rule or order that waives the application of 
            section 658d of this title.
            (b) Disposition of points of order
                (1) Application to the House of Representatives
                            This subsection shall apply only to the 
                        House of Representatives.
                (2) Threshold burden
                            In order to be cognizable by the Chair, a 
                        point of order under section 658d of this title 
                        or subsection (a) of this section must specify 
                        the precise language on which it is premised.
                (3) Question of consideration
                            As disposition of points of order under 
                        section 658d of this title or subsection (a) of 
                        this section, the Chair shall put the question 
                        of consideration with respect to the proposition 
                        that is the subject of the points of order.
                (4) Debate and intervening motions
                            A question of consideration under this 
                        section shall be debatable for 10 minutes by 
                        each Member initiating a point of order and for 
                        10 minutes by an opponent on each point of 
                        order, but shall otherwise be decided without 
                        intervening motion except one that the House 
                        adjourn or that the Committee of the Whole rise, 
                        as the case may be.
                (5) Effect on amendment in order as original text
                            The disposition of the question of 
                        consideration under this subsection with respect 
                        to a bill or joint resolution shall be 
                        considered 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.)
       611  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.)
       612  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

[[Page 473]]

                        sector mandate, and would not eliminate or 
                        reduce duties established by the Federal mandate 
                        by a corresponding amount; or
                            (2) would result in a net increase in the 
                        aggregate amount of direct costs of Federal 
                        intergovernmental mandates or Federal private 
                        sector mandates other than as described in 
                        paragraph (1).
            (b) Direct costs
                (1) In general
                            For purposes of this part, the direct cost 
                        of the Federal mandates in a bill, joint 
                        resolution, amendment, motion, or conference 
                        report that reauthorizes appropriations, or that 
                        amends existing authorizations of 
                        appropriations, to carry out a statute, or that 
                        otherwise amends any statute, means the net 
                        increase, resulting from enactment of the bill, 
                        joint resolution, amendment, motion, or 
                        conference report, in the amount described under 
                        paragraph (2)(A) over the amount described under 
                        paragraph (2)(B).
                (2) Amounts
                            The amounts referred to under paragraph (1) 
                        are--

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

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

                (3) Extension of authorization of appropriations
                            For purposes of this section, in the case of 
                        legislation to extend authorization of 
                        appropriations, the authorization level that 
                        would be provided by the extension shall be 
                        compared to the authorization level for the last 
                        year in which authorization of appropriations is 
                        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

       613  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.)
       614  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

[[Page 474]]

                        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.
                            (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, ad

[[Page 475]]

                        justed 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 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.)
       615  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.

[[Page 476]]

            (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 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.)
       616  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 commit

[[Page 477]]

            ments) 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.
            (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.)
       617  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

[[Page 478]]

            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 subsection 
            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 bal

[[Page 479]]

            ances 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 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.)
       618  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.)

[[Page 480]]


       619  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 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

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

  

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

  

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

  

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

  

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

  

       625  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

       626  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

[[Page 481]]

                            (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.)
       627  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 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.)
                  
            
                                           

       628  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 author

[[Page 482]]

            ity 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 rescission or the reservation upon the 
                        objects, purposes, and programs for which the 
                        budget authority is provided.
            (b) Requirement to make available for obligation
                Any amount of budget authority proposed to be rescinded 
            or that is to be reserved as set forth in such special 
            message shall be made available for obligation unless, 
            within the prescribed 45-day period, the Congress has 
            completed action on a rescission bill rescinding all or part 
            of the amount proposed to be rescinded or that is to be 
            reserved. Funds made available 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.)

       629  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,

[[Page 483]]

                        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.
            (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.)
       630  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)

[[Page 484]]

                        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.
            (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.)
       631  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

[[Page 485]]

            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.)
       632  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.)
       633  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

[[Page 486]]

            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.
            (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,

[[Page 487]]

            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 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

[[Page 488]]

            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.)
            
                                        NOTE

                  
       634  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 
                        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)''.
                \2\ 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

[[Page 489]]

                        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) \2\, 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.

            (2 U.S.C. 621 note.)

       635  Referral of matters dealing with rescissions and deferrals.
                On January 30, 1975, the Senate agreed to the following 
            resolution, which provides for the referral of matters 
            dealing with rescissions and deferrals:
                Resolved (1) That messages received pursuant to Title X 
            of the Congressional Budget and Impoundment Control Act 12 
            U.S.C. 681-2 U.S.C. 688] be referred concurrently to the 
            Appropriations Committee, to the Budget Committee, and to 
            any other appropriate authorizing committee.
                (2) That bills, resolutions, and joint resolutions 
            introduced with respect to rescissions and deferrals shall 
            be referred to the Appropriations Committee, the Budget 
            Committee, and pending implementation of section 410 of the 
            Congressional Budget Impoundment Control act [should be 
            section 401, 2 U.S.C. 651] and subject to section 401(d) [2 
            U.S.C. 651(d)], to any other committee exercising 
            jurisdiction over contract and borrowing authority programs 
            as defined by section 401(c)(2) (A) and (B) [2 U.S.C. 
            651(c)(2) (A) and (B)]. The Budget Committee and such other 
            Committees shall report their views, if any, to the 
            Appropriations Committee within 20 days following referral 
            of such bills, resolutions, or joint resolutions. The Budget 
            Committee's consideration shall extend only to macroeconomic 
            implications, impact on priorities and aggregate spending 
            levels, and the legality of the President's use of the 
            deferral and 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).

[[Page 490]]


       636  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; 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

[[Page 491]]

            of the Presentment Clause of the United States Constitution 
            (USCA Const. Art. I Sec. 7, cl. 2).
       637  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 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.)
       638  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--

[[Page 492]]

                            (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;
                            (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.)
       639  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

[[Page 493]]

            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.)
       640  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 
                            Balanced 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.

[[Page 494]]

            (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.)
       641  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 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.

[[Page 495]]

            (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 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

[[Page 496]]

            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--

                                        (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

[[Page 497]]

                        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 Representatives 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

[[Page 498]]

                        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.)

       642  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

[[Page 499]]

                                            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 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

[[Page 500]]

                                        (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--

                                        (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 obliga

[[Page 501]]

                                    tions 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.

                                (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.)

       643  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,

[[Page 502]]

            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 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.)
       644  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.

[[Page 503]]

            (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.
                                   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

       645  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 
                        3 of the Congressional Budget and Impoundment 
                        Control Act of 1974 [2 U.S.C.A. Sec. 622] 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

[[Page 504]]

                        (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 251(c). 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 
                        committees1 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).

                            (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.

[[Page 505]]

                            (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.
                            (E) The term ``conservation spending 
                        category'' means discretionary appropriations 
                        for conservation activities in the following 
                        budget accounts or portions thereof providing 
                        appropriations to preserve and protect lands, 
                        habitat, wildlife, and other natural resources, 
                        to provide recreational opportunities, and for 
                        related purposes:

                                (i) 14-5033 Bureau of Land Management 
                            Land Acquisition.

                                (ii) 14-5020 Fish and Wildlife Service 
                            Land Acquisition.

                                (iii) 14-5035 National Park Service Land 
                            Acquisition and State Assistance.

                                (iv) 12-9923 Forest Service Land 
                            Acquisition.

                                (v) 14-5143 Fish and Wildlife Service 
                            Cooperative Endangered Species Conservation 
                            Fund.

                                (vi) 14-5241 Fish and Wildlife Service 
                            North American Wetlands Conservation Fund.

                                (vii) 14-1694 Fish and Wildlife Service 
                            State Wildlife Grants.

                                (viii) 14-0804 United States Geological 
                            Survey Surveys, Investigations, and 
                            Research, the State Planning Partnership 
                            programs: Community/Federal Information 
                            Partnership, Urban Dynamics, and Decision 
                            Support for Resource Management.

                                (ix) 12-1105 Forest Service State and 
                            Private Forestry, the Forest Legacy Program, 
                            Urban and Community Forestry, and Smart 
                            Growth Partnerships.

                                (x) 14-1031 National Park Service Urban 
                            Park and Recreation Recovery program.

                                (xi) 14-5140 National Park Service 
                            Historic Preservation fund.

                                (xii) Youth Conservation Corps.

                                (xiii) 14-1114 Bureau of Land Management 
                            Payments in Lieu of Taxes.

                                (xiv) Federal infrastructure Improvement 
                            (as established in title VIII of the 
                            Department of the Interior and Related 
                            Agencies Appropriations Act, 2001).

                                (xv) 13-1460 NOAA Procurement 
                            Acquisition and Construction, the National 
                            Marine Sanctuaries and the National 
                            Estuarine Research Reserve Systems.

                                (xvi) 13-1450 NOAA Operations, Research, 
                            and Facilities, the Coastal Zone Management 
                            Act programs, the National Marine 
                            Sanctuaries, the National Estuarine Research 
                            Reserve Systems, and Coral Restoration 
                            programs.

                                (xvii) 13-1451 NOAA Pacific Coastal 
                            Salmon Recovery.

                            (F) The term ``Federal and State Land and 
                        Water Conservation Fund sub-category'' means 
                        discretionary appropriations for activities in 
                        the accounts described in (E)(i)-(E)(iv) or 
                        portions thereof.
                            (G) The term ``State and Other Conservation 
                        sub-category'' means discretionary 
                        appropriations for activities in the accounts 
                        described in (E)(v)-(E)(ix), with the exception 
                        of Urban and Community Forestry as described in 
                        (E)(ix), or portions thereof.
                            (H) The term ``Urban and Historic 
                        Preservation sub-category'' mans discretionary 
                        appropriations for activities in the accounts 
                        described in (E)(ix)-(E)(xii), with the 
                        exception of Forest Legacy and

[[Page 506]]

                        Smart Growth Partnerships as described in 
                        (E)(ix), or portions thereof.
                            (I) The term ``Payments in Lieu of Taxes 
                        sub-category'' means discretionary 
                        appropriations for activities in the account 
                        described in (E)(xiii) or portions thereof.
                            (J) The term ``Federal Deferred Maintenance 
                        sub-category'' means discretionary 
                        appropriations for activities in the account 
                        described in (E)(xiv) 2 or portions 
                        thereof.
                            (K) The term ``Coastal Assistance sub-
                        category'' means discretionary appropriations 
                        for activities in the accounts described in 
                        (E)(xv)-(E)(xvii) or portions thereof.
                            (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, 
                        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.

[[Page 507]]

                            (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.
                            (20) Repealed. Pub. L. 105-33, Title X, 
                        Sec. 10202(b)(6), Aug. 5, 1997, 111 Stat. 698
                            (21) Redesignated (19)

            (As amended 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; Pub. L. 105-
            206, Title IXX, Sec. 9013(b), July 22, 1998, 112 Stat. 865; 
            Pub. L. 106-291, Title VIII, Sec. 801(c), Oct. 11, 2000, 114 
            Stat. 1028.)

                        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 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.]
       646  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

[[Page 508]]

                        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

                                (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

[[Page 509]]

                            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

                                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 
                            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.

[[Page 510]]

                            (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

                                        (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) Additional adjustments

                                (i) In addition to the adjustment 
                            required by subparagraph (B), when the 
                            President submits the budget under section 
                            1105 of Title 31 for fiscal 
                            years1 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 
                                    (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

[[Page 511]]

                            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) Final sequester report

                                (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) Report

                                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 
                            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--

[[Page 512]]

                                        (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 401(g)(1)(A) of Title 42 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, 
                                    including 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

[[Page 513]]

                                        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 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.

                            (H) Conservation spending

                                (i) If a bill or resolution making 
                            appropriations for any fiscal year 
                            appropriates an amount for the conservation 
                            spending category that is less than the 
                            limit for the conservation spending category 
                            as specified in subsection (c), then the 
                            adjustment for new budget authority and 
                            outlays for the following fiscal year for 
                            that category shall be the amount of new 
                            budget authority and outlays that equals the 
                            difference between the amount appropriated 
                            and the amount of that category specified in 
                            subsection (c).

                                (ii) If a bill or resolution making 
                            appropriations for any fiscal year 
                            appropriates an amount for any conservation 
                            spending sub-category that is less than the 
                            limit for that conservation spending sub-
                            category as specified in subsections 
                            (c)(11)-(c)(16), then the adjustment for new 
                            budget authority for the following fiscal 
                            year for that sub-category shall be the 
                            amount of new budget authority that equals 
                            the difference between the amount of new 
                            budget authority that equals the difference 
                            between the amount appropriated and the 
                            amount of that sub-category specified in 
                            subsection (c)(11)-(c)(16).

                                (iii) The total amount provided for any 
                            conservation activity within the 
                            conservation spending category may not 
                            exceed any authorized ceiling for that 
                            activity.

[[Page 514]]

            (c) Discretionary spending limit
                As used in this part, 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: 
                        $637,000,000,000 in new budget authority and 
                        $612,695,000,000 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;
                (6) with respect to fiscal year 2002--
                            (A) for the discretionary category: 
                        $681,441,000,000 in new budget authority and 
                        $670,206,000,000 in outlays;
                            (B) for the highway category: 
                        $26,977,000,000 in outlays;
                            (C) for the mass transit category: 
                        $5,709,000,000 in outlays; and
                            (D) for the conservation spending category: 
                        $1,760,000,000, in new budget authority and 
                        $1,473,000,000 in outlays;
                (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; and
                            (C) for the conservation spending category: 
                        $1,920,000,000, in new budget authority and 
                        $1,872,000,000 in outlays;
                (8) with respect to fiscal year 2004 for the 
            conservation spending category: $2,080,000,000, in new 
            budget authority and $2,032,000,000 in outlays;
                (9) with respect to fiscal year 2005 for the 
            conservation spending category: $2,240,000,000, in new 
            budget authority and $2,192,000,000 in outlays;
                (10) with respect to fiscal year 2006 for the 
            conservation spending category: $2,400,000,000, in new 
            budget authority and $2,352,000,000 in outlays;

[[Page 515]]

                (11) with respect to each fiscal year 2002 through 2006 
            for the Federal and State Land and Water Conservation Fund 
            sub-category of the conservation spending category: 
            $540,000,000 in new budget authority and the outlays flowing 
            therefrom;
                (12) with respect to each fiscal year 2002 through 2006 
            for the State and Other Conservation sub-category of the 
            conservation spending category: $300,000,000 in new budget 
            authority and the outlays flowing therefrom;
                (13) with respect to each fiscal year 2002 through 2006 
            for the Urban and Historic Preservation sub-category of the 
            conservation spending category: $160,000,000 in new budget 
            authority and the outlays flowing therefrom;
                (14) with respect to each fiscal year 2002 through 2006 
            for the Payments in Lieu of Taxes sub-category of the 
            conservation spending category: $50,000,000 in new budget 
            authority and the outlays flowing therefrom;
                (15) with respect to each fiscal year 2002 through 2006 
            for the Federal Deferred Maintenance sub-category of the 
            conservation spending category: $150,000,000 in new budget 
            authority and the outlays flowing therefrom;
                (16) with respect to fiscal year 2002 for the Coastal 
            Assistance sub-category of the conservation spending 
            category: $440,000,000 in new budget authority and outlays 
            flowing therefrom; with respect to fiscal year 2003 for the 
            Coastal Assistance sub-category of the conservation spending 
            category: $480,000,000 in new budget authority and the 
            outlays flowing therefrom; with respect to fiscal year 2004 
            for the Coastal Assistance sub-category of the conservation 
            spending category: $520,000,000 in new budget authority and 
            the outlays flowing therefrom; with respect to fiscal year 
            2005 for the Coastal Assistance sub-category of the 
            conservation spending category: $560,000,000 in new budget 
            authority and the outlays flowing therefrom; and with 
            respect to fiscal year 2006 for the Coastal Assistance sub-
            category of the conservation spending category: $600,000,000 
            in new budget authority and the outlays flowing therefrom;

            as adjusted in strict conformance with subsection (b).

            (As amended Pub. L. 105-33, Title X, Sec. 10203(a), (b), 
            Aug. 5, 1997, 111 Stat. 698, 701; Pub. L. 105-89, 
            Sec. 201(b)(1), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105-
            178, Title VIII, Sec. 801(a), (d), June 9, 1998, 112 Stat. 
            488, 490; Pub. L. 106-291, Title VIII, Sec. 801(a), (b), 
            Oct. 11, 2000, 114 Stat. 1026, 1027; Pub. L. 106-429, 
            Sec. 101(a) [Title VII, Sec. 701(a)], Nov. 6, 2000, 114 
            Stat. 1900, 1900A-64; Pub. L. 107-117, Div. C, Sec. 101(a), 
            Jan. 10, 2002, 115 Stat. 2341.)

                1 So in original. Probably should be 
            ``years''.
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub. L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub. L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Applicability Provisions note under section 900 of this 
            title.
                For effective and termination dates of this section by 
            section 275 of Pub. L. 99-177 as amended through Pub. L. 
            105-33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, 
            see Effective and Applicability Provisions note under 
            section 900 of this title.

[[Page 516]]

                           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;

                                ``(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.''

       647  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.
       648  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

[[Page 517]]

                                (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.

            (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

[[Page 518]]

                            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 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.)

       649  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;

[[Page 519]]

                            (2) the amounts for that year designated as 
                        emergency direct spending or receipts 
                        legislation under section 902(e) of this title; 
                        and
                            (3) for any fiscal year in which there is 
                        not a full adjustment for technical and economic 
                        reestimates, the deposit insurance reestimate 
                        for that year, if any, calculated under 
                        subsection (h) of this section.

            The ``margin'' for fiscal year 1992 or 1993 is zero and for 
            fiscal year 1994 or 1995 is $15,000,000,000.

            (c) Dividing the sequestration
                To eliminate the excess deficit in a budget year, half 
            of the required outlay reductions shall be obtained from 
            non-exempt defense accounts (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),

[[Page 520]]

                            and the uniform percent applicable to all 
                            other programs under this subsection shall 
                            be increased (if necessary) to a level 
                            sufficient to achieve the required reduction 
                            in non-defense outlays.

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

            (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

[[Page 521]]

                        901(b)(2)(E) of this title, otherwise applicable 
                        through fiscal year 1993 or 1994 (as the case 
                        may be), shall be deemed to apply for fiscal 
                        year 1994 (and 1995 if applicable).
                            (C) When the budget for fiscal year 1994 or 
                        1995 is submitted and the sequestration reports 
                        for those years under section 904 of this title 
                        are made (as applicable), if the President does 
                        not choose to make the adjustments set forth in 
                        subparagraph (B), the maximum deficit amount for 
                        that fiscal year shall be adjusted by 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.

[[Page 522]]

                (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 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.)
       650  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.

[[Page 523]]

                                (C) The sequestration percentage or (if 
                            the required sequestration percentage is 
                            greater than the maximum allowable 
                            percentage for medicare) percentages 
                            necessary to eliminate a deficit increase 
                            under section 902(c) of this title.

                (4) Deficit sequestration reports
                            The preview reports shall set forth for the 
                        budget year estimates for each of the following:

                                (A) The maximum deficit amount, the 
                            estimated deficit calculated under section 
                            903(b) of this title, 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 cat

[[Page 524]]

                            egory and an explanation of any adjustments 
                            in such limits under section 901 of this 
                            title.

                                (B) For the current year and the budget 
                            year the estimated new budget authority and 
                            outlays for each category and the breach, if 
                            any, in each category.

                                (C) For each category for which a 
                            sequestration is required, the sequestration 
                            percentages necessary to achieve the 
                            required reduction.

                                (D) For the budget year, for each 
                            account to be sequestered, estimates of the 
                            baseline level of 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--

[[Page 525]]

                            (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
                            (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, 
            Sec. Sec. 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, 
            Sec. Sec. 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.)
       651  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);

[[Page 526]]

                            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);
                            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.

[[Page 527]]

            (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;
                            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

[[Page 528]]

                        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);
                            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).

[[Page 529]]

                (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);
                            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);

[[Page 530]]

                            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).
            (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).
       652  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.

[[Page 531]]

            (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 
            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

[[Page 532]]

                                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) 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

[[Page 533]]

            455(a) of such Act, to the extent necessary to reduce such 
            expenditures by that amount.
            (g) Federal pay
                (1) In general
                            For purposes of any order issued under 
                        section 904 of this title--

                                (A) Federal pay under a statutory pay 
                            system, and

                                (B) elements of military pay,

            shall be subject to reduction under an order in the same 
            manner as other administrative expense components of the 
            Federal budget; except that no such order may reduce or have 
            the effect of reducing the rate of pay to which any 
            individual is entitled under any such 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

[[Page 534]]

            to a State as reimbursement of administrative costs incurred 
            by such State under or in connection with the unemployment 
            compensation programs specified in subsection (h)(1) of this 
            section shall be subject to reduction or sequestration under 
            this subchapter notwithstanding the exemption otherwise 
            granted to such programs under that subsection.
                (4) Notwithstanding any other provision of law, this 
            subsection shall not apply with respect to the following:
                            (A) Comptroller of the Currency.
                            (B) Federal Deposit Insurance Corporation.
                            (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

[[Page 535]]

                            (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 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.

[[Page 536]]

            (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 
                        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, 
                        Sec. Sec. 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.)
       653  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:

[[Page 537]]

                            (1) In general

                                Laws providing or creating direct 
                            spending and receipts are assumed to operate 
                            in the manner specified in those laws for 
                            each such year and funding for entitlement 
                            authority is assumed to be adequate to make 
                            all payments required by those laws.

                            (2) Exceptions

                                (A)(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

[[Page 538]]

                            for changes required by law in the level of 
                            agency payments for personnel benefits other 
                            than pay.

                            (2) Expiring housing contracts

                                New budget authority to renew expiring 
                            multiyear subsidized housing contracts shall 
                            be adjusted to reflect the difference in the 
                            number of such contracts that are scheduled 
                            to expire in that fiscal year and the number 
                            expiring in the current year, with the per-
                            contract renewal cost equal to the average 
                            current year cost of renewal contracts.

                            (3) Social insurance administrative expenses

                                Budgetary resources for the 
                            administrative expenses of the following 
                            trust funds shall be adjusted by the 
                            percentage change in the beneficiary 
                            population from the current year to that 
                            fiscal year: 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.

[[Page 539]]

                (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.)
       654  Sec. 907a. Suspension in event of war or low growth.
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub. L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub. L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub. L. 99-177 as amended through Pub. L. 
            105-33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, 
            see Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
                           HISTORICAL AND STATUTORY NOTES
                        References in Text
                        Section 254(j) and section 254 of the Balanced 
                    Budget and Emergency Deficit Control Act of 1985, 
                    referred to in subsec. (a)(1), (2)(A), mean section 
                    254 of Pub. L. 99-177, which is classified to 
                    section 904 of this title, and was amended by Pub. 
                    L. 105-33, Title X, Sec. 10206(1), Aug. 5, 1997, 111 
                    Stat. 704, by redesignating subsecs. (j) and (k) as 
                    (i) and (j), respectively.
                        Prior Provisions
                        Another section 258 of Pub. L. 99-177, relating 
                    to modification of presidential order, was added by 
                    Pub. L. 100-119, Title I, Sec. 105(a), classified to 
                    section 908 of this title, and repealed by Pub. L. 
                    105-33, Title X, Sec. 10210, August 5, 1997, 111 
                    Stat. 711.
       655  Sec. 907b. Modification of Presidential order
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub. L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub. L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub. L. 99-177 as amended through Pub. L. 
            105-33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, 
            see Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
       656  Sec. 907c. Flexibility among defense programs, projects, and 
                activities
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub. L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub. L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub. L. 99-177 as amended through Pub. L. 
            105-33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, 
            see Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
       657  Sec. 907d. Special reconciliation process
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub. L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub. L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.

[[Page 540]]

                For effective and termination dates of this section by 
            section 275 of Pub. L. 99-177 as amended through Pub. L. 
            105-33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, 
            see Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
       658  Sec. 908. Repealed. Pub. L. 105-33, Title X, Sec. 10210, 
                Aug. 5, 1997, 111 Stat. 711
                           HISTORICAL AND STATUTORY NOTES
                Section, Pub. L. 99-177, Title II, Sec. 258, as added 
            Pub. L. 100-119, Title I, Sec. 105(a), Sept. 29, 1987, 101 
            Stat. 778, related to modification of presidential order.

            
                        Subchapter II.--Operation and Review

       659  Sec. 921. Transferred.
                  
       660  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 (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.

[[Page 541]]

            (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, 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.

[[Page 542]]

            (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

       661  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.)
       662  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 
                        section 1105. (Pub. L. 100-458, Title I, 
                        Sec. 113, Oct. 1, 1988, 102 Stat. 2172.)

[[Page 543]]


       663  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.)
       664  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 to become more effective 
                        and more efficient in performing their

[[Page 544]]

                        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.)
       665  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 
            obligations may be acquired on original issue at the issue 
            price or by purchase of outstanding obligations at the 
            marketplace.

[[Page 545]]

                (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.)
       666  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.)
       667  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.
                (2) The Executive Director shall not be eligible to 
            serve as Chairman of the Board.

[[Page 546]]

                (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.)
       668  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, Nov. 21, 1989, 
            103 Stat. 1068; Pub. L. 101-520, Title III, Sec. 313(c), 
            Nov. 5, 1990, 104 Stat. 2282.)

[[Page 547]]

            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).
       669  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.)
       670  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 24.--CONGRESSIONAL ACCOUNTABILITY

            
                               Subchapter I.--General

       671  Sec. 1301 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;

                                        (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

[[Page 548]]

                            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.)

       672  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.).

[[Page 549]]

                            (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

                                (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.)

[[Page 550]]



            
                 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

       673  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

                                (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

[[Page 551]]

                                        (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.)
       674  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 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

[[Page 552]]

                            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.)
       675  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 
                        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.

[[Page 553]]

            (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.)
       676  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 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 554]]

                        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.)
       677  Sec. 1315. Rights and protections under the Worker 
                Adjustment and Retraining Notification Act.
            (a) Worker adjustment and retraining notification rights
                (1) In general
                            No employing office shall be closed or a 
                        mass layoff ordered within the meaning of 
                        section 3 of the Worker Adjustment and 
                        Retraining Notification Act (29 U.S.C. 2102) 
                        until the end of a 60-day period after the 
                        employing office serves written notice of such 
                        prospective closing or layoff to representatives 
                        of covered employees or, if there are no 
                        representatives, to covered employees.
                (2) Definitions
                            For purposes of this section, the term 
                        ``covered employee'' shall include employees of 
                        the General Accounting Office and the Library of 
                        Congress and the term ``employing office'' shall 
                        include the General Accounting Office and the 
                        Library of Congress.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under paragraphs (1), (2), and (4) of section 5(a) 
            of the Worker Adjustment and Retraining Notification Act (29 
            U.S.C. 2104(a) (1), (2), and (4)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except insofar 
                        as the Board may determine, for good cause shown 
                        and stated together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) General Accounting Office and Library of Congress
                            This section shall be effective with respect 
                        to the General Accounting Office and the Library 
                        of Congress 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub. L. 104-1, Title II, Sec. 205, Jan. 
                        23, 1995, 109 Stat. 11.)
       678  Sec. 1316. Rights and protections relating to veterans' 
                employment and reemployment.
            (a) Employment and reemployment rights of members of the 
                uniformed services
                (1) In general
                            It shall be unlawful for an employing office 
                        to--

[[Page 555]]

                                (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 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.)
       679  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

[[Page 556]]

                            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

                                (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.)

[[Page 557]]


       680  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

       681  Sec. 1331. Rights and protections under the Americans With 
                Disabilities Act of 1990 relating to public services and 
                accommodations; procedures for remedy of violations.
            (a) Entities subject to this section
                The requirements of this section shall apply to--
                            (1) each office of the Senate, including 
                        each office of a Senator and each committee;
                            (2) each office of the House of 
                        Representatives, including each office of a 
                        Member of the House of Representatives and each 
                        committee;
                            (3) each joint committee of the Congress;
                            (4) the Capitol Guide Service;
                            (5) the Capitol Police;
                            (6) the Congressional Budget Office;
                            (7) the Office of the Architect of the 
                        Capitol (including the Senate Restaurants and 
                        the Botanic Garden);
                            (8) the Office of the Attending Physician;
                            (9) the Office of Compliance; and
                            (10) the Office of Technology Assessment.
            (b) Discrimination in public services and accommodations
                (1) Rights and protections
                            The rights and protections against 
                        discrimination in the provision of public 
                        services and accommodations established by 
                        sections 201 through 230, 302, 303, and 309 of 
                        the Americans With Disabilities Act of 1990 (42 
                        U.S.C. 12131-12150, 12182, 12183, and 12189) 
                        shall apply to the entities listed in subsection 
                        (a) of this section.
                (2) Definitions
                            For purposes of the application of Title II 
                        of the Americans With Disabilities Act of 1990 
                        (42 U.S.C. 12131 et seq.) under this section, 
                        the term ``public entity'' means any entity 
                        listed in subsection (a) of this section that 
                        provides public services, programs, or 
                        activities.

[[Page 558]]

            (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 order 
                        requiring correction becomes final and not 
                        subject to further review.
            (e) Regulations to implement section
                (1) In general

[[Page 559]]

                            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
                            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.

[[Page 560]]

            (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.)
            
                 Part C.--Occupational Safety and Health Act of 1970

       682  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 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

[[Page 561]]

                            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) 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.

[[Page 562]]

                (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 report under subsection (e)(2) of this section 
            for the One Hundred Fourth Congress.

[[Page 563]]

            (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.)
            
                         Part D.--Labor-Management Relations

       683  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
                            For purposes of this section and except as 
                        otherwise provided in this section, the General 
                        Counsel shall exercise the authorities

[[Page 564]]

                        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.

            (e) Specific regulations regarding application to certain 
                offices of Congress
                (1) Regulations required

[[Page 565]]

                            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, 
                            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 Re

[[Page 566]]

                            porters 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.)
            
                                  Part E.--General

       684  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 
                        rights and protections afforded by this chapter 
                        except as provided in this chapter.

[[Page 567]]

                (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.)
            
                                   Part F.--Study

       685  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.
                            (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.

[[Page 568]]

                            (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.)

            
                        Subchapter III.--Office of Compliance

       686  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.
            (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

[[Page 569]]

            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
                            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--

[[Page 570]]

                                (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 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.

[[Page 571]]

            (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.)
       687  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.
            (b) Deputy Executive Directors
                (1) In general

[[Page 572]]

                            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
                            The General Counsel shall appoint, and fix 
                        the compensation of, and may remove, such 
                        additional attorneys as may be necessary

[[Page 573]]

                        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.)
       688  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.
            (b) Procedure
                The Executive Director shall adopt rules referred to in 
            subsection (a) of this section in accordance with the 
            principles and procedures

[[Page 574]]

            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.)
       689  Sec. 1384. Substantive regulations.
            (a) Regulations
                (1) In general
                            The procedures applicable to the regulations 
                        of the Board issued for the implementation of 
                        this chapter, which shall include regulations 
                        the Board is required to issue under subchapter 
                        II of this title (including regulations on the 
                        appropriate application of exemptions under the 
                        laws made applicable in subchapter II of this 
                        title) are as prescribed in this section.
                (2) Rulemaking procedure
                            Such regulations of the Board--

                                (A) shall be adopted, approved, and 
                            issued in accordance with subsection (b) of 
                            this section; and

                                (B) shall consist of 3 separate bodies 
                            of regulations, which shall apply, 
                            respectively, to--

                                        (i) the Senate and employees of 
                                    the Senate;

                                        (ii) the House of 
                                    Representatives and employees of the 
                                    House of Representatives; and

                                        (iii) all other covered 
                                    employees and employing offices.

            (b) Adoption by the Board
                The Board shall adopt the regulations referred to in 
            subsection (a)(1) of this section in accordance with the 
            principles and procedures set forth in section 553 of Title 
            5, and as provided in the following provisions of this 
            subsection:
                            (1) Proposal

                                The Board shall publish a general notice 
                            of proposed rulemaking under section 553(b) 
                            of Title 5, but, instead of publication of a 
                            general notice of proposed rulemaking in the 
                            Federal Register, the Board shall transmit 
                            such notice to the Speaker of the House of 
                            Representatives and the President pro 
                            tempore of the Senate for publication in the 
                            Congressional Record on the first day on 
                            which both Houses 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 rec

[[Page 575]]

                            ommendations 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.
                (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

[[Page 576]]

                        following regulations issued by the Office of 
                        Compliance on __ are hereby approved:'' (the 
                        blank space being appropriately filled in, and 
                        the text of the regulations being set forth).
                (5) Joint resolution
                            In the case of a joint resolution referred 
                        to in paragraph (1), the matter after the 
                        resolving clause shall be the following: ``The 
                        following regulations issued by the Office of 
                        Compliance on __ are hereby approved and shall 
                        have the force and effect of law:'' (the blank 
                        space being appropriately filled in, and the 
                        text of the regulations being set forth).
            (d) Issuance and effective date
                (1) Publication
                            After approval of regulations under 
                        subsection (c) of this section, the Board shall 
                        submit the regulations to the Speaker of the 
                        House of Representatives and the President pro 
                        tempore of the Senate for publication in the 
                        Congressional Record on the first day on which 
                        both Houses are in session following such 
                        transmittal.
                (2) Date of issuance
                            The date of issuance of regulations shall be 
                        the date on which they are published in the 
                        Congressional Record under paragraph (1).
                (3) Effective date
                            Regulations shall become effective not less 
                        than 60 days after the regulations are issued, 
                        except that the Board may provide for an earlier 
                        effective date for good cause found (within the 
                        meaning of section 553(d)(3) of Title 5) and 
                        published with the regulation.
            (e) Amendment of regulations
                Regulations may be amended in the same manner as is 
            described in this section for the adoption, approval, and 
            issuance of regulations, except that the Board may, in its 
            discretion, dispense with publication of a general notice of 
            proposed rulemaking of minor, technical, or urgent 
            amendments that satisfy the criteria for dispensing with 
            publication of such notice pursuant to section 553(b)(B) of 
            Title 5.
            (f) Right to petition for rulemaking
                Any interested party may petition to the Board for the 
            issuance, amendment, or repeal of a regulation.
            (g) Consultation
                The Executive Director, the Deputy Directors, and the 
            Board--
                            (1) shall consult, with regard to the 
                        development of regulations, with--

                                (A) the Chair of the Administrative 
                            Conference of the United States;

                                (B) the Secretary of Labor;

                                (C) the Federal Labor Relations 
                            Authority; and

                                (D) the Director of the Office of 
                            Personnel Management; and

                            (2) may consult with any other persons with 
                        whom consultation, in the opinion of the Board, 
                        the Executive Director, or Deputy Directors, may 
                        be helpful. (Pub. L. 104-1, Title III, Sec. 304, 
                        Jan. 23, 1995, 109 Stat. 29.)

[[Page 577]]


       690  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.)
            
                Subchapter IV.--Administrative and Judicial Dispute-
                               Resolution Procedures

       691  Sec. 1401. Procedure for consideration of alleged 
                violations.
                Except as otherwise provided, the procedure for 
            consideration of alleged violations of part A of subchapter 
            II of this chapter consists of--
                            (1) counseling as provided in section 1402 
                        of this title;
                            (2) mediation as provided in section 1403 of 
                        this title; and
                            (3) election, as provided in section 1404 of 
                        this title, of either--

                                (A) a formal complaint and hearing as 
                            provided in section 1405 of this title, 
                            subject to Board review as provided in 
                            section 1406 of this title, and judicial 
                            review in the United States Court of Appeals 
                            for the Federal Circuit as provided in 
                            section 1407 of this title, or

[[Page 578]]

                                (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.)
       692  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.)
       693  Sec. 1403. Mediation.
            (a) Initiation
                Not later than 15 days after receipt by the employee of 
            notice of the end of the counseling period under section 
            1402 of this title, but prior to and as a condition of 
            making an election under section 1404 of this title, the 
            covered employee who alleged a violation of a law shall file 
            a request for mediation with the Office.
            (b) Process
                Mediation under this section--
                            (1) may include the Office, the covered 
                        employee, the employing office, and one or more 
                        individuals appointed by the Executive Director 
                        after considering recommendations by 
                        organizations composed primarily of individuals 
                        experienced in adjudicating or arbitrating 
                        personnel matters, and
                            (2) shall involve meetings with the parties 
                        separately or jointly for the purpose of 
                        resolving the dispute between the covered 
                        employee and the employing office.
            (c) Mediation period
                The mediation period shall be 30 days beginning on the 
            date the request for mediation is received. The mediation 
            period may be extended for additional periods at the joint 
            request of the covered employee and

[[Page 579]]

            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.)
       694  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.)
       695  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--

                                (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

[[Page 580]]

                                (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 
                            pursuant to this section may be held by such 
                            court to be a civil contempt thereof.

                            (B) Service of process

[[Page 581]]

                                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.)
       696  Sec. 1406. Appeal to the Board.
            (a) In general
                Any party aggrieved by the decision of a hearing officer 
            under section 1405(g) of this title may file a petition for 
            review by the Board not later than 30 days after entry of 
            the decision in the records of the Office.
            (b) Parties' opportunity to submit argument
                The parties to the hearing upon which the decision of 
            the hearing officer was made shall have a reasonable 
            opportunity to be heard, through written submission and, in 
            the discretion of the Board, through oral argument.
            (c) Standard of review
                The Board shall set aside a decision of a hearing 
            officer if the Board determines that the decision was--
                            (1) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (2) not made consistent with required 
                        procedures; or
                            (3) unsupported by substantial evidence.
            (d) Record
                In making determinations under subsection (c) of this 
            section, the Board shall review the whole record, or those 
            parts of it cited by a party, and due account shall be taken 
            of the rule of prejudicial error.
            (e) Decision
                The Board shall issue a written decision setting forth 
            the reasons for its decision. The decision may affirm, 
            reverse, or remand to the

[[Page 582]]

            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.)
       697  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
                            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.

[[Page 583]]

            (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.)
       698  Sec. 1408. Civil action.
            (a) Jurisdiction
                The district courts of the United States shall have 
            jurisdiction over any civil action commenced under section 
            1404 of this title and this section by a covered employee 
            who has completed counseling under section 1402 of this 
            title and mediation under section 1403 of this title. A 
            civil action may be commenced by a covered employee only to 
            seek redress for a violation for which the employee has 
            completed counseling and mediation.
            (b) Parties
                The defendant shall be the employing office alleged to 
            have committed the violation, or in which the violation is 
            alleged to have occurred.
            (c) Jury trial
                Any party may demand a jury trial where a jury trial 
            would be available in an action against a private defendant 
            under the relevant law made applicable by this chapter. In 
            any case in which a violation of section 1311 of this title 
            is alleged, the court shall not inform the jury of the 
            maximum amount of compensatory damages available under 
            section 1311(b)(1) or 1311(b)(3) of this title.

[[Page 584]]

            (d) Appearances by House Employment Counsel
                (1) In general
                The House Employment Counsel of the House of 
            Representatives and any other counsel in the Office of House 
            Employment Counsel of the House of Representatives, 
            including any counsel specially retained by the Office of 
            House Employment Counsel, shall be entitled, for the purpose 
            of providing legal assistance and representation to 
            employing offices of the House of Representatives under this 
            chapter, to enter an appearance in any proceeding before any 
            court of the United States or of any State or political 
            subdivision thereof without compliance with any requirements 
            for admission to practice before such court, except that the 
            authorization conferred by this paragraph shall not apply 
            with respect to the admission of any such person to practice 
            before the United States Supreme Court.
                (2) House Employment Counsel defined
                In this subsection, the term ``Office of House 
            Employment Counsel of the House of Representatives'' means--
                            (A) the Office of House Employment Counsel 
                        established and operating under the authority of 
                        the Clerk of the House of Representatives as of 
                        November 12, 2001;
                            (B) any successor office to the Office of 
                        House Employment Counsel which is established 
                        after November 12, 2001; and
                            (C) any other person authorized and directed 
                        in accordance with the Rules of the House of 
                        Representatives to provide legal assistance and 
                        representation to employing offices of the House 
                        of Representatives in connection with actions 
                        brought under this subchapter.

            (Pub. L. 104-1, Title IV, Sec. 408, Jan. 23, 1995, 109 Stat. 
            37.; Pub. L. 107-68, Title I, Sec. 119(a), Nov. 12, 2001, 
            115 Stat. 573.)

       699  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.)
       700  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.)

[[Page 585]]


       701  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.)
       702  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.)
       703  Sec. 1413. Privileges and immunities.
                The authorization to bring judicial proceedings under 
            sections 1405(f)(3), 1407, and 1408 of this title shall not 
            constitute a waiver of sovereign immunity for any other 
            purpose, or of the privileges of any Senator or Member of 
            the House of Representatives under article I, section 6, 
            clause 1, of the Constitution, or a waiver of any power of 
            either the Senate or the House of Representatives under the 
            Constitution, including under article I, section 5, clause 
            3, or under the rules of either House relating to records 
            and information within its jurisdiction. (Pub. L. 104-1, 
            Title IV, Sec. 413, Jan. 23, 1995, 109 Stat. 38.)
       704  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.)
       705  Sec. 1415. Payments.
            (a) Awards and settlements
                Except as provided in subsection (c), only funds which 
            are appropriated to an account of the Office in the Treasury 
            of the United States for the payment of awards and 
            settlements may be used for the payment of awards and 
            settlements under this Act. There are authorized to be 
            appropriated for such account such sums as may be necessary 
            to pay such awards and settlements. Funds in the account are 
            not available

[[Page 586]]

            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.)
       706  Sec. 1416. Confidentiality.
            (a) Counseling
                All counseling shall be strictly confidential, except 
            that the Office and a covered employee may agree to notify 
            the employing office of the allegations.
            (b) Mediation
                All mediation shall be strictly confidential.
            (c) Hearings and deliberations
                Except as provided in subsections (d), (e), and (f) of 
            this title, all proceedings and deliberations of hearing 
            officers and the Board, including any related records, shall 
            be confidential. This subsection shall not apply to 
            proceedings under section 1341 of this title, but shall 
            apply to the deliberations of hearing officers and the Board 
            under that section.
            (d) Release of records for judicial action
                The records of hearing officers and the Board may be 
            made public if required for the purpose of judicial review 
            under section 1407 of this title.
            (e) Access by committees of Congress
                At the discretion of the Executive Director, the 
            Executive Director may provide to the Committee on Standards 
            of Official Conduct of the House of Representatives and the 
            Select Committee on Ethics of the Senate access to the 
            records of the hearings and decisions of the hearing 
            officers and the Board, including all written and oral 
            testimony in the possession of the Office. The Executive 
            Director shall not provide such access until the Executive 
            Director has consulted with the individual filing the 
            complaint at issue, and until a final decision has been 
            entered under section 1405(g) or 1406(e) of this title.
            (f) Final decisions
                A final decision entered under section 1405(g) or 
            1406(e) of this title shall be made public if it is in favor 
            of the complaining covered employee, or in favor of the 
            charging party under section 1331 of this title, or if the 
            decision reverses a decision of a hearing officer which had 
            been in favor of the covered employee or charging party. The 
            Board may

[[Page 587]]

            make public any other decision at its discretion. (Pub. L. 
            104-1, Title IV, Sec. 416, Jan. 23, 1995, 109 Stat. 38.)
            
                       Subchapter V.--Miscellaneous Provisions

       707  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.)
       708  Sec. 1432. Political affiliation and place of residence.
            (a) In general
                It shall not be a violation of any provision of section 
            1311 of this title to consider the--
                            (1) party affiliation;
                            (2) domicile; or
                            (3) political compatibility with the 
                        employing office;

            of an employee referred to in subsection (b) of this section 
            with respect to employment decisions.

            (b) Definition
                For purposes of subsection (a) of this title, the term 
            ``employee'' means--
                            (1) an employee on the staff of the 
                        leadership of the House of Representatives or 
                        the leadership of the Senate;
                            (2) an employee on the staff of a committee 
                        or subcommittee of--

                                (A) the House of Representatives;

                                (B) the Senate; or

                                (C) a joint committee of the Congress;

                            (3) an employee on the staff of a Member of 
                        the House of Representatives or on the staff of 
                        a Senator;
                            (4) an officer of the House of 
                        Representatives or the Senate or a congressional 
                        employee who is elected by the House of 
                        Representatives or Senate or is appointed by a 
                        Member of the House of Representatives or by a 
                        Senator (in addition an employee described in 
                        paragraph (1), (2), or (3)); or
                            (5) an applicant for a position that is to 
                        be occupied by an individual described in any of 
                        paragraphs (1) through (4). (Pub. L. 104-1, 
                        Title V, Sec. 502, Jan. 23, 1995, 109 Stat. 39.)
       709  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

[[Page 588]]

            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.)
       710  Sec. 1434. Judicial branch coverage study.
                The Judicial Conference of the United States shall 
            prepare a report for submission by the Chief Justice of the 
            United States to the Congress on the application to the 
            judicial branch of the Federal Government of--
                            (1) the Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.);
                            (2) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.);
                            (3) the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            (4) the Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.);
                            (5) the Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.);
                            (6) the Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.);
                            (7) chapter 71 (relating to Federal service 
                        labor-management relations) of Title 5;
                            (8) the Employee Polygraph Protection Act of 
                        1988 (29 U.S.C. 2001 et seq.);
                            (9) the Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.);
                            (10) the Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.); and
                            (11) chapter 43 (relating to veterans' 
                        employment and reemployment) of Title 38.
                The report shall be submitted to Congress not later than 
            December 31, 1996, and shall include any recommendations the 
            Judicial Conference may have for legislation to provide to 
            employees of the judicial branch the rights, protections, 
            and procedures under the listed laws, including 
            administrative and judicial relief, that are comparable to 
            those available to employees of the legislative branch under 
            subchapter I through IV of this chapter. (Pub. L. 104-1, 
            Title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)
       711  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

[[Page 589]]

                        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.
            (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

[[Page 590]]

                                (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.)

  

       712  Sec. 1436. Repealed. Pub.L. 106-57, Title III, Sec. 313, 
                Sept. 29, 1999, 113 Stat. 428.

  

       713  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.)
       714  Sec. 1438. Severability.
                If any provision of this chapter or the application of 
            such provision to any person or circumstance is held to be 
            invalid, the remainder of this chapter and the application 
            of the provisions of the remainder to any person or 
            circumstance shall not be affected thereby. (Pub. L. 104-1, 
            Title V, Sec. 509, Jan. 23, 1995, 109 Stat. 44.)
            
                        Chapter 25.--UNFUNDED MANDATES REFORM

       715  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

[[Page 591]]

                        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.)
       716  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.)
       717  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

[[Page 592]]

                            (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.)
       718  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.)
            
                Subchapter I.--Legislative Accountability and Reform

       719  Sec. 1511. Cost of regulations.
            (a) Sense of the Congress
                It is the sense of the Congress that Federal agencies 
            should review and evaluate planned regulations to ensure 
            that the cost estimates provided by the Congressional Budget 
            Office will be carefully considered as regulations are 
            promulgated.
            (b) Statement of cost
                At the request of a committee chairman or ranking 
            minority member, the Director shall, to the extent 
            practicable, prepare a comparison between--
                            (1) an estimate by the relevant agency, 
                        prepared under section 1532 of this title, of 
                        the costs of regulations implementing an Act 
                        containing a Federal mandate; and
                            (2) the cost estimate prepared by the 
                        Congressional Budget Office for such Act when it 
                        was enacted by the Congress.
            (c) Cooperation of Office of Management and Budget
                At the request of the Director of the Congressional 
            Budget Office, the Director of the Office of Management and 
            Budget shall provide data and cost estimates for regulations 
            implementing an Act containing a Federal mandate covered by 
            part B of 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.''
       720  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.)

[[Page 593]]


       721  Sec. 1513. Impact on local governments.
            (a) Findings
                The Senate finds that--
                            (1) the Congress should be concerned about 
                        shifting costs from Federal to State and local 
                        authorities and should be equally concerned 
                        about the growing tendency of States to shift 
                        costs to local governments;
                            (2) cost shifting from States to local 
                        governments has, in many instances, forced local 
                        governments to raise property taxes or curtail 
                        sometimes essential services; and
                            (3) increases in local property taxes and 
                        cuts in essential services threaten the ability 
                        of many citizens to attain and maintain the 
                        American dream of owning a home in a safe, 
                        secure community.
            (b) Sense of the Senate
                It is the sense of the Senate that--
                            (1) the Federal Government should not shift 
                        certain costs to the State, and States should 
                        end the practice of shifting costs to local 
                        governments, which forces many local governments 
                        to increase property taxes;
                            (2) States should end the imposition, in the 
                        absence of full consideration by their 
                        legislatures, of State issued mandates on local 
                        governments without adequate State funding, in a 
                        manner that may displace other essential 
                        government priorities; and
                            (3) one primary objective of this chapter 
                        and other efforts to change the relationship 
                        among Federal, State, and local governments 
                        should be to reduce taxes and spending at all 
                        levels and to end the practice of shifting costs 
                        from one level of government to another with 
                        little or no benefit to taxpayers. (Pub. L. 104-
                        4, Title I, Sec. 106, Mar. 22, 1995, 109 Stat. 
                        63.)
       722  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.)
       723  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

[[Page 594]]

                        of any other rule of each House. (Pub. L. 104-4, 
                        Title I, Sec. 108, Mar. 22, 1995, 109 Stat. 63.)
       724  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.)
            
                Subchapter II.--Regulatory Accountability and Reform

       725  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.)
       726  Sec. 1532. Statements to accompany significant regulatory 
                actions.
            (a) In general
                Unless otherwise prohibited by law, before promulgating 
            any general notice of proposed rulemaking that is likely to 
            result in promulgation of any rule that includes any Federal 
            mandate that may result in the expenditure by State, local, 
            and tribal governments, in the aggregate, or by the private 
            sector, of $100,000,000 or more (adjusted annually for 
            inflation) in any 1 year, and before promulgating any final 
            rule for which a general notice of proposed rulemaking was 
            published, the agency shall prepare a written statement 
            containing--
                            (1) an identification of the provision of 
                        Federal law under which the rule is being 
                        promulgated;
                            (2) a qualitative and quantitative 
                        assessment of the anticipated costs and benefits 
                        of the Federal mandate, including the costs and 
                        benefits to State, local, and tribal governments 
                        or the private sector, as well as the effect of 
                        the Federal mandate of health, safety, and the 
                        natural environment and such an assessment shall 
                        include--

                                (A) an analysis of the extent to which 
                            such costs to State, local, and tribal 
                            governments may be paid with Federal 
                            financial assistance (or otherwise paid for 
                            by the Federal Government); and

                                (B) the extent to which there are 
                            available Federal resources to carry out the 
                            intergovernmental mandate;

                            (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

[[Page 595]]

                        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.)

                               3 u.s.c.--the congress

                    generalandpermanentlawsrelatingtothesenate   

       727  Sec. 1533. Small government agency plan.
            (a) Effects on small governments
                Before establishing any regulatory requirements that 
            might significantly or uniquely affect small governments, 
            agencies shall have developed a plan under which the agency 
            shall--
                            (1) provide notice of the requirements to 
                        potentially affected small governments, if any;
                            (2) enable officials of affected small 
                        governments to provide meaningful and timely 
                        input in the development of regulatory proposals 
                        containing significant Federal intergovernmental 
                        mandates; and
                            (3) inform, educate, and advise small 
                        governments on compliance with the requirements.
            (b) Authorization of appropriations
                There are authorized to be appropriated to each agency, 
            to carry out the provisions of this section and for no other 
            purpose, such sums as are necessary. (Pub. L. 104-4, Title 
            II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)
       728  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--

[[Page 596]]

                            (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.)
       729  Sec. 1535. Least burdensome option or explanation required.
            (a) In general
                Except as provided in subsection (b) of this section, 
            before promulgating any rule for which a written statement 
            is required under section 1532 of this title, the agency 
            shall identify and consider a reasonable number of 
            regulatory alternatives and from those alternatives select 
            the least costly, most cost-effective or least burdensome 
            alternative that achieves the objectives of the rule, for--
                            (1) State, local, and tribal governments, in 
                        the case of a rule containing a Federal 
                        intergovernmental mandate; and
                            (2) the private sector, in the case of a 
                        rule containing a Federal private sector 
                        mandate.
            (b) Exception
                The provisions of subsection (a) of this section shall 
            apply unless--
                            (1) the head of the affected agency 
                        publishes with the final rule an explanation of 
                        why the least costly, most cost-effective or 
                        least burdensome method of achieving the 
                        objectives of the rule was not adopted; or
                            (2) the provisions are inconsistent with 
                        law.
            (c) OMB certification
                No later than 1 year after March 22, 1995, the Director 
            of the Office of Management and Budget shall certify to 
            Congress, with a written explanation, agency compliance with 
            this section and include in that certification agencies and 
            rulemakings that fail to adequately comply with this 
            section. (Pub. L. 104-4, Title II, Sec. 205, Mar. 22, 1995, 
            109 Stat. 66.)
       730  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

[[Page 597]]

                        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.)
       731  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.)
       732  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.)
            
                     Subchapter III.--Review of Federal Mandates

       735  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.)
       736  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--

[[Page 598]]

                            (1) investigate and review the role of 
                        Federal mandates in intergovernmental relations 
                        and their impact on State, local, tribal, and 
                        Federal government objectives and 
                        responsibilities, and their impact on the 
                        competitive balance between State, local, and 
                        tribal governments, and the private sector and 
                        consider views of and the impact on working men 
                        and women on those same matters;
                            (2) investigate and review the role of 
                        unfunded State mandates imposed on local 
                        governments;
                            (3) make recommendations to the President 
                        and the Congress regarding--

                                (A) allowing flexibility for State, 
                            local, and tribal governments in complying 
                            with specific Federal mandates for which 
                            terms of compliance are unnecessarily rigid 
                            or complex;

                                (B) reconciling any two or more Federal 
                            mandates which impose contradictory or 
                            inconsistent requirements;

                                (C) terminating Federal mandates which 
                            are duplicative, obsolete, or lacking in 
                            practical utility;

                                (D) suspending, on a temporary basis, 
                            Federal mandates which are not vital to 
                            public health and safety and which compound 
                            the fiscal difficulties of State, local, and 
                            tribal governments, including 
                            recommendations for triggering such 
                            suspension;

                                (E) consolidating or simplifying Federal 
                            mandates, or the planning or reporting 
                            requirements of such mandates, in order to 
                            reduce duplication and facilitate compliance 
                            by State, local, and tribal governments with 
                            those mandates;

                                (F) establishing common Federal 
                            definitions or standards to be used by 
                            State, local, and tribal governments in 
                            complying with Federal mandates that use 
                            different definitions or standards for the 
                            same terms or principles; and

                                (G)(i) the mitigation of negative 
                            impacts on the private sector that may 
                            result from relieving State, local, and 
                            tribal governments from Federal mandates (if 
                            and to the extent that such negative impacts 
                            exist on the private sector); and

                                (ii) the feasibility of applying relief 
                            from Federal mandates in the same manner and 
                            to the same extent to private sector 
                            entities as such relief is applied to State, 
                            local, and tribal governments; and

                            (4) identify and consider in each 
                        recommendation made under paragraph (3), to the 
                        extent practicable--

                                (A) the specific Federal mandates to 
                            which the recommendation applies, including 
                            requirements of the departments, agencies, 
                            and other entities of the Federal Government 
                            that State, local, and tribal governments 
                            utilize metric systems of measurement; and

                                (B) any negative impact on the private 
                            sector that may result from implementation 
                            of the recommendation.

            (b) Criteria
                (1) In general
                The Commission shall establish criteria for making 
            recommendations under subsection (a) of this section.
                (2) Issuance of proposed criteria

[[Page 599]]

                The Commission shall issue proposed criteria under this 
            subsection no later than 60 days after March 22, 1995, and 
            thereafter provide a period of 30 days for submission by the 
            public of comments on the proposed criteria.
                (3) Final criteria
                No later than 45 days after the date of issuance of 
            proposed criteria, the Commission shall--
                            (A) consider comments on the proposed 
                        criteria received under paragraph (2);
                            (B) adopt and incorporate in final criteria 
                        any recommendations submitted in those comments 
                        that the Commission determines will aid the 
                        Commission in carrying out its duties under this 
                        section; and
                            (C) issue final criteria under this 
                        subsection.
            (c) Preliminary report
                (1) In general
                            No later than 9 months after March 22, 1995, 
                        the Commission shall--

                                (A) prepare and publish a preliminary 
                            report on its activities under this 
                            subchapter, including preliminary 
                            recommendations pursuant to subsection (a) 
                            of this section;

                                (B) publish in the Federal Register a 
                            notice of availability of the preliminary 
                            report; and

                                (C) provide copies of the preliminary 
                            report to the public upon request.

                (2) Public hearings
                            The Commission shall hold public hearings on 
                        the preliminary recommendations contained in the 
                        preliminary report of the Commission under this 
                        subsection.
            (d) Final report
                No later than 3 months after the date of the publication 
            of the preliminary report under subsection (c) of this 
            section, the Commission shall submit to the Congress, 
            including the Committee on Government Reform and Oversight 
            of the House of Representatives, the Committee on 
            Governmental Affairs of the Senate, the Committee on the 
            Budget of the Senate, and the Committee on the Budget of the 
            House of Representatives, and to the President a final 
            report on the findings, conclusions, and recommendations of 
            the Commission under this section.
            (e) Priority to mandates that are subject of judicial 
                proceedings
                In carrying out this section, the Advisory Commission 
            shall give the highest priority to immediately 
            investigating, reviewing, and making recommendations 
            regarding Federal mandates that are the subject of judicial 
            proceedings between the United States and a State, local, or 
            tribal government.
            (f) Definition
                For purposes of this section the term ``State mandate'' 
            means any provision in a State statute or regulation that 
            imposes an enforceable duty on local governments, the 
            private sector, or individuals, including a condition of 
            State assistance or a duty arising from participation in

[[Page 600]]

             a voluntary State program. (Pub. L. 104-4, Title III, 
            Sec. 302, Mar. 22, 1995, 109 Stat. 67.)
       737  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.)
       738  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.)
       739  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.)
       740  Sec. 1556. Authorization of appropriations.
                There are authorized to be appropriated to the Advisory 
            Commission to carry out section 1551 and section 1552 of 
            this title, $500,000 for each of fiscal years 1995 and 1996. 
            (Pub. L. 104-4, Title III, Sec. 306, Mar. 22, 1995, 109 
            Stat. 70.)

[[Page 601]]



            
                           Subchapter IV.--Judicial Review

       741  Sec. 1571. Judicial review.
            (a) Agency statements on significant regulatory actions
                (1) In general
                            Compliance or noncompliance by any agency 
                        with the provisions of sections 1532 and 1533(a) 
                        (1) and (2) of this title shall be subject to 
                        judicial review only in accordance with this 
                        section.
                (2) Limited review of agency compliance or noncompliance
                            (A) Agency compliance or noncompliance with 
                        the provisions of sections 1532 and 1533(a) (1) 
                        and (2) of this title shall be subject to 
                        judicial review only under section 706(1) of 
                        title 5, and only as provided under subparagraph 
                        (B).
                            (B) If an agency fails to prepare the 
                        written statement (including the preparation of 
                        the estimates, analyses, statements, or 
                        descriptions) under section 1532 of this title 
                        or the written plan under section 1533(a) (1) 
                        and (2) of this title, a court may compel the 
                        agency to prepare such written statement.
                (3) Review of agency rules
                            In any judicial review under any other 
                        Federal law of an agency rule for which a 
                        written statement or plan is required under 
                        sections 1532 and 1533(a) (1) and (2) of this 
                        title, the inadequacy or failure to prepare such 
                        statement (including the inadequacy or failure 
                        to prepare any estimate, analysis, statement or 
                        description) or written plan shall not be used 
                        as a basis for staying, enjoining, invalidating 
                        or otherwise affecting such agency rule.
                (4) Certain information as part of record
                            Any information generated under sections 
                        1532 and 1533(a) (1) and (2) of this title that 
                        is part of the rulemaking record for judicial 
                        review under the provisions of any other Federal 
                        law may be considered as part of the record for 
                        judicial review conducted under such other 
                        provisions of Federal law.
                (5) Application of other Federal law
                            For any petition under paragraph (2) the 
                        provisions of such other Federal law shall 
                        control all other matters, such as exhaustion of 
                        administrative remedies, the time for and manner 
                        of seeking review and venue, except that if such 
                        other Federal law does not provide a limitation 
                        on the time for filing a petition for judicial 
                        review that is less than 180 days, such 
                        limitation shall be 180 days after a final rule 
                        is promulgated by the appropriate agency.
                (6) Effective date
                            This subsection shall take effect on October 
                        1, 1995, and shall apply only to any agency rule 
                        for which a general notice of proposed 
                        rulemaking is promulgated on or after such date.
            (b) Judicial review and rule of construction
                Except as provided in subsection (a) of this section
                            (1) any estimate, analysis, statement, 
                        description or report prepared under this 
                        chapter, and any compliance or noncompliance 
                        with the provisions of this chapter, and any 
                        determination concerning the applicability of 
                        the provisions of this chapter shall not be 
                        subject to judicial review; and

[[Page 602]]

                            (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.)
            
                   Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES

       742  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.)
       743  Sec. 1602. Definitions.
                As used in this chapter:
                            (1) Agency

                                The term ``agency'' has the meaning 
                            given that term in section 551(1) of title 
                            5.

                            (2) Client

                                The term ``client'' means any person or 
                            entity that employs or retains another 
                            person for financial or other compensation 
                            to conduct lobbying activities on behalf of 
                            that person or entity. A person or entity 
                            whose employees act as lobbyists on its own 
                            behalf is both a client and an employer of 
                            such employees. In the case of a coalition 
                            or association that employs or retains other 
                            persons to conduct lobbying activities, the 
                            client is the coalition or association and 
                            not its individual members.

                            (3) Covered executive branch official

                                The term ``covered executive branch 
                            official'' means--

                                        (A) the President;

                                        (B) the Vice President;

                                        (C) any officer or employee, or 
                                    any other individual functioning in 
                                    the capacity of such an officer or 
                                    employee, in the Executive Office of 
                                    the President; 

                                        (D) any officer or employee 
                                    serving in a position in level I, 
                                    II, III, IV, or V of the Executive 
                                    Schedule, as designated by statute 
                                    or Executive order;

                                        (E) any member of the uniformed 
                                    services whose pay grade is at or 
                                    above O-7 under section 201 of title 
                                    37; and

                                        (F) any officer or employee 
                                    serving in a position of a 
                                    confidential, policy-determining, 
                                    policy-making, or policy-advocating 
                                    character described in section 
                                    7511(b)(2)(B) of title 5.

[[Page 603]]

                            (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

                                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.

[[Page 604]]

                                (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 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

[[Page 605]]

                                                (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;
                                                (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

[[Page 606]]

                                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

                                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

[[Page 607]]

                                        (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, Sec. Sec. 2, 3, Apr. 
                            6, 1998, 112 Stat. 38.)

       744  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

                                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--

[[Page 608]]

                            (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--

                                (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

[[Page 609]]

                            (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.)

       745  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 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

[[Page 610]]

                        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.)
       746  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;
                            (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.)
       747  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.)

       748  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;

[[Page 611]]

                            (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.)
       749  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.)
       750  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.)

[[Page 612]]


       751  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.

            (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 ex

[[Page 613]]

                        penditures'', ``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.)

       752  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.)

       753  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.)
            
                        Chapter 28.--ARCHITECT OF THE CAPITOL

            
                               Subchapter I.--General

       755  Sec. 1801. Appointment of Architect of the Capitol.
                (a)(1) The Architect of the Capitol shall be appointed 
            by the President by and with the advice and consent of the 
            Senate for a term of 10 years.
                (2) There is established a commission to recommend 
            individuals to the President for appointment to the office 
            of Architect of the Capitol. The Commission shall be 
            composed of--
                            (A) the Speaker of the House of 
                        Representatives,
                            (B) the President pro tempore of the Senate,
                            (C) the majority and minority leaders of the 
                        House of Representatives and the Senate, and
                            (D) the chairmen and the ranking minority 
                        members of the Committee on House Oversight of 
                        the House of Representatives, the Committee on 
                        Rules Administration of the Senate, the 
                        Committee on Appropriations of the House of 
                        Representatives, and the Committee on 
                        Appropriations of the Senate.

            The commission shall recommend at least three individuals 
            for appointment to such office.

                (3) An individual appointed Architect of the Capitol 
            under paragraph (1) shall be eligible for reappointment to 
            such office.
                (b) Subsection (a) of this section shall be effective in 
            the case of appointments made to fill vacancies in the 
            office of Architect of the Capitol which occur on or after 
            November 21, 1989. If no such vacancy occurs within the six-
            year period which begins on November 21, 1989,

[[Page 614]]

            no individual may, after the expiration of such period, hold 
            such office unless the individual is appointed in accordance 
            with subsection (a). (Pub. L. 101-163, Title III, Sec. 319, 
            Nov. 21, 1989, 103 Stat. 1068; Pub. L. 104-19, Sec. 701, 
            July 27, 1995, 109 Stat. 220.)
       756  Sec. 1802. Compensation of Architect of Capitol.
                The compensation of the Architect of the Capitol shall 
            be at an annual rate which is equal to the annual rate of 
            basic pay payable for positions at level III of the 
            Executive Schedule under section 5314 of Title 5. (Aug. 14, 
            1964, Pub. L. 88-426, Sec. 203(c), 78 Stat. 415; Dec. 16, 
            1967, Pub. L. 90-206, Sec. 219, 81 Stat. 639; Salary 
            Recommendations, Budget, 1970, pursuant to Act Dec. 16, 
            1967, Pub. L. 90-206, Sec. 225(h), 81 Stat. 634; August 9, 
            1975, Pub. L. 94-82, Title II, Sec. 204(b), 89 Stat. 421; 
            Dec. 14, 1979, Pub. L. 96-146, Sec. 1(1), 93 Stat. 1086.)
       757  Sec. 1803. Delegation of authority by Architect of Capitol.
                The Architect of the Capitol is authorized hereafter to 
            delegate to the Assistant Architect and other assistants 
            such authority of the Architect as he may deem proper. (Aug. 
            5, 1955, ch. 568, 69 Stat. 515.)
       758  Sec. 1804. Assistant Architect of Capitol to act in case of 
                absence, disability, or vacancy.
                On and after August 18, 1970, the Assistant Architect of 
            the Capitol shall act as Architect of the Capitol during the 
            absence or disability of that official or whenever there is 
            no Architect. (Aug. 18, 1970, Pub. L. 91-382, Sec. 101, 84 
            Stat. 817; Pub. L. 101-163, Sec. 106(d), 103 Stat. 1057, 
            Nov. 21, 1989.)
            
                          Subchapter II.--Powers and Duties

       759  Sec. 1811. Architect of the Capitol; powers and duties.
                The Architect of the Capitol shall perform all the 
            duties relative to the Capitol Building performed prior to 
            August 15, 1876, by the Commissioner of Public Buildings and 
            Grounds, and shall be appointed by the President: Provided, 
            That no change in the architectural features of the Capitol 
            Building or in the landscape features of the Capitol Grounds 
            shall be made except on plans to be approved by Congress. 
            (Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147; Feb. 14, 
            1902, ch. 17, Sec. 1, 32 Stat. 20; Mar. 3, 1921, ch. 124, 
            Sec. 1, 41 Stat. 1291.)
       760  Sec. 1812. Care and superintendence of Capitol by Architect 
                of Capitol.
                The Architect of the Capitol shall have the care and 
            superintendence of the Capitol, including lighting. His 
            office shall be in the Capitol Building. (Aug. 15, 1876, ch. 
            287, Sec. 1, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 
            298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.)
       761  Sec. 1813. Exterior of Capitol, duty of Architect.
                It shall be the duty of the Architect to clean and keep 
            in proper order the exterior of the Capitol. (July 7, 1884, 
            ch. 332, 23 Stat. 209.)
       762  Sec. 1814. Architect of Capitol; repairs of Capitol.
                All improvements, alterations, additions, and repairs of 
            the Capitol Building shall be made by the direction and 
            under the supervision of the Architect of the Capitol. (R.S. 
            Sec. 1816; Feb. 14, 1902, ch. 17, Sec. 1,

[[Page 615]]

            32 Stat. 20; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; 
            Oct. 31, 1951, ch. 654, Sec. 3(15), 65 Stat. 708.)
            Cross Reference
                Changes in architectural features of the Capitol 
            Building or in landscape features of Capitol Grounds, see 
            section 1811 of this title.
            Note
                Section 305 of the Legislative Branch Appropriations 
            Act, 1993, provided that:
                ``Sec. 305. (a) The Architect of the Capitol, in 
            consultation with the heads of the agencies of the 
            legislative branch, shall develop an overall plan for 
            satisfying the telecommunications requirements of such 
            agencies, using a common system architecture for maximum 
            interconnection capability and engineering compatibility. 
            The plan shall be subject to joint approval by the Committee 
            on House Administration of the House of Representatives and 
            the Committee on Rules and Administration of the Senate, 
            and, upon approval, shall be communicated to the Committee 
            on Appropriations of the House of Representatives and the 
            Committee on Appropriations of the Senate. No part of any 
            appropriation in this Act or any other Act shall be used for 
            acquisition of any new or expanded telecommunications system 
            for an agency of the legislative branch, unless, as 
            determined by the Architect of the Capitol, the acquisition 
            is in conformance with the plan, as approved.
                ``(b) As used in this section--
                  ``(1) the term ``agency of the legislative branch'' 
                means, the Office of the Architect of the Capitol, the 
                Botanic Garden, the General Accounting Office, the 
                Government Printing Office, the Library of Congress, the 
                Office of Technology Assessment, and the Congressional 
                Budget Office; and
                  ``(2) the term ``telecommunications system'' means an 
                electronic system for voice, data, or image 
                communication, including any associated cable and 
                switching equipment.''
                ``(c) This section shall apply with respect to fiscal 
            years beginning after September 30, 1992.'' (Pub. L. 102-
            392, Title III, Sec. 305, Oct. 6, 1992, 106 Stat. 1721.)
            Note
                Section 168 of the Energy Policy Act, 1992, provided 
            Energy Management Requirements for Congressional Buildings 
            as follows:
                ``(a) In general.--The Architect of the Capitol 
            (hereafter in this section [this note] referred to as the 
            `Architect') shall undertake a program of analysis and, as 
            necessary, retrofit of the Capitol Building, the Senate 
            Office Buildings, the House Office Buildings, and the 
            Capitol Grounds, in accordance with subsection (b).
                ``(b) Program.--
                        ``(1) Lighting.--

``(A) Implementation.--

``(i) In general.--Not later than 18 months after the date of the enactment 
of this Act [Oct. 24, 1992] and subject to the availability of funds to 
carry out this section [this note], the Architect shall begin implementing 
a program to replace in each building described in subsection (a) all 
inefficient office and general use area fluorescent lighting systems with 
systems that incorporate the best available design and technology and that 
have payback periods of 10 years or less, as determined by using methods 
and procedures established under section 544(a) of the National Energy and 
Conservation Policy Act (42 U.S.C. 8254(a)).

``(ii) Replacement of incandescent lighting.--Whenever practicable in 
office and general use areas, the Architect shall replace incandescent 
lighting with efficient fluorescent lighting.

``(B) Completion.--Subject to the availability of funds to carry out this 
section [this note], the program described in subparagraph (A) shall be 
completed not later than 5 years after the date of the enactment of this 
Act [Oct. 24, 1992].

                        ``(2) Evaluation and report.--

``(A) In general.--Not later than 6 months after the date of the enactment 
of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker

[[Page 616]]

of the House of Representatives and the President pro tempore of the Senate 
a report evaluating potential energy conservation measures for each 
building described in subsection (a) in the areas of heating, ventilation, 
air conditioning equipment, insulation, windows, domestic hot water, food 
service equipment, and automatic control equipment.

``(B) Costs.--The report submitted under subparagraph (A) shall detail the 
projected installation cost, energy and cost savings, and payback period of 
each energy conservation measure, as determined by using methods and 
procedures established under section 544(a) of the National Energy 
Conservation Policy Act (42 U.S.C. 8254(a)).

                        ``(3) Review and approval of energy conservation 
                    measures.--The Committee on Public Works and 
                    Transportation of the House of Representatives and 
                    the Committee on Rules and Administration of the 
                    Senate shall review the energy conservation measures 
                    identified in accordance with paragraph (2) and 
                    shall approve any such measure before it may be 
                    implemented.
                        ``(4) Utility incentive programs.--In carrying 
                    out this section [this note], the Architect is 
                    authorized and encouraged to--

``(A) accept any rebate or other financial incentive offered through a 
program for energy conservation or demand management of electricity, water, 
or gas that--

``(i) is conducted by an electric, natural gas, or water utility;

``(ii) is generally available to customers of the utility; and

``(iii) provides for the adoption of energy efficiency technologies or 
practices that the Architect determines are cost-effective for the 
buildings described in subsection (a); and

``(B) enter into negotiations with electric and natural gas utilities to 
design a special demand management and conservation incentive program to 
address the unique needs of the buildings described in subsection (a).

                        ``(5) Use of savings.--The Architect shall use 
                    an amount equal to the rebate or other savings from 
                    the financial incentive programs under paragraph 
                    (4)(A), without additional authorization or 
                    appropriation, for the implementation of additional 
                    energy and water conservation measures in the 
                    buildings under the jurisdiction of the Architect.
                ``(c) Authorization of appropriations.--There are 
            authorized to be appropriated such sums as are necessary to 
            carry out this section [this note].'' (Pub. L. 102-486, 
            Title I, Sec. 168, Oct. 24, 1992, 106 Stat. 2862.)

            
                             Subchapter III.--Personnel

            
                                   Part A--General

       763  Sec. 1831. Architect of the Capitol human resources program.
            (a) Short title
                This section may be cited as the ``Architect of the 
            Capitol Human Resources Act''.
            (b) Finding and purpose
                (1) Finding
                The Congress finds that the Office of the Architect of 
            the Capitol should develop human resources management 
            programs that are consistent with the practices common among 
            other Federal and private sector organizations.
                (2) Purpose
                It is the purpose of this section to require the 
            Architect of the Capitol to establish and maintain a 
            personnel management system that incorporates fundamental 
            principles that exist in other modern personnel systems.
            (c) Personnel management system
                (1) Establishment

[[Page 617]]

                The Architect of the Capitol shall establish and 
            maintain a personnel management system.
                (2) Requirements
                The personnel management system shall at a minimum 
            include the following:
                            (A) A system which ensures that applicants 
                        for employment and employees of the Architect of 
                        the Capitol are appointed, promoted, and 
                        assigned on the basis of merit and fitness after 
                        fair and equitable consideration of all 
                        applicants and employees through open 
                        competition.
                            (B) An equal employment opportunity program 
                        which includes an affirmative employment program 
                        for employees and applicants for employment, and 
                        procedures for monitoring progress by the 
                        Architect of the Capitol in ensuring a workforce 
                        reflective of the diverse labor force.
                            (C) A system for the classification of 
                        positions which takes into account the 
                        difficulty, responsibility, and qualification 
                        requirements of the work performed, and which 
                        conforms to the principle of equal pay for 
                        substantially equal work.
                            (D) A program for the training of Architect 
                        of the Capitol employees which has among its 
                        goals improved employee performance and 
                        opportunities for employee advancement.
                            (E) A formal performance appraisal system 
                        which will permit the accurate evaluation of job 
                        performance on the basis of objective criteria 
                        for all Architect of the Capitol employees.
                            (F) A fair and equitable system to address 
                        unacceptable conduct and performance by 
                        Architect of the Capitol employees, including a 
                        general statement of violations, sanctions, and 
                        procedures which shall be made known to all 
                        employees, and a formal grievance procedure.
                            (G) A program to provide services to deal 
                        with mental health, alcohol abuse, drug abuse, 
                        and other employee problems, and which ensures 
                        employee confidentiality.
                            (H) A formal policy statement regarding the 
                        use and accrual of sick and annual leave which 
                        shall be made known to all employees, and which 
                        is consistent with the other requirements of 
                        this section.
            (d) Implementation of personnel management system
                (1) Development of plan
                The Architect of the Capitol shall--
                            (A) develop a plan for the establishment and 
                        maintenance of a personnel management system 
                        designed to achieve the requirements of 
                        subsection (c) of this section;
                            (B) submit the plan to the Speaker of the 
                        House of Representatives, the House Office 
                        Building Commission, the Committee on Rules and 
                        Administration of the Senate, the Joint 
                        Committee on the Library, and the Committees on 
                        Appropriations of the Senate and the House of 
                        Representatives not later than 12 months after 
                        July 22, 1994; and
                            (C) implement the plan not later than 90 
                        days after the plan is submitted to the Speaker 
                        of the House of Representatives, the House 
                        Office Building Commission, the Committee on 
                        Rules and Administration of the Senate, the 
                        Joint Committee on the Library,

[[Page 618]]

                        and the Committees on Appropriations of the 
                        Senate and the House of Representatives, as 
                        specified in subparagraph (B).
                (2) Evaluation and reporting
                The Architect of the Capitol shall develop a system of 
            oversight and evaluation to ensure that the personnel 
            management system of the Architect of the Capitol achieves 
            the requirements of subsection (c) of this section and 
            complies with all other relevant laws, rules and 
            regulations. The Architect of the Capitol shall report to 
            the Speaker of the House of Representatives, the House 
            Office Building Commission, the Committee on Rules and 
            Administration of the Senate, and the Joint Committee on the 
            Library on an annual basis the results of its evaluation 
            under this subsection.
                (3) Application of laws
                Nothing in this section shall be construed to alter or 
            supersede any other provision of law otherwise applicable to 
            the Architect of the Capitol or its employees, unless 
            expressly provided in this section.

            (Pub. L. 103-283, title III, Sec. 312, July 22, 1994, 108 
            Stat. 1443; Pub. L. 104-1, title V, Sec. 504(c)(1), Jan. 23, 
            1995, 109 Stat. 41.)

                                    Codification
                Section is comprised of section 312 of Pub. L. 103-283. 
            Subsec. (f) of section 312 of Pub. L. 103-283 amended 
            sections 60m, 1201, 1205, and 1212 of Title 2, The Congress.
       764  Sec. 1832. Assignment and reassignment of personnel by 
                Architect of the Capitol for personal services.
                Notwithstanding any other provisions of law, in order to 
            improve the economic use of the personal services of his 
            employees, the Architect of the Capitol is authorized 
            hereafter to assign and reassign, without increase or 
            decrease in basic salary or wages, any person on the 
            employment rolls of his Office, for personal services in any 
            buildings, facilities or grounds under his jurisdiction or 
            for personal services in connection with any project under 
            his jurisdiction for which appropriations have been made and 
            are available, whenever such action, in his opinion, will be 
            most advantageous to the interest of or result in either 
            specific or overall savings to the Government. Exceptions 
            may be made where there are differences in equipment. No 
            assignment or reassignment of personnel by the Architect of 
            the Capitol pursuant to this provision shall operate in any 
            respect to augment or decrease any general or specific 
            appropriation. (Pub. L. 100-202, Sec. 106, Dec. 22, 1987, 
            101 Stat. 1329-433.)
       765  Sec. 1834. Heating and ventilating Senate wing.
                All engineers and others who are engaged in heating and 
            ventilating the Senate wing of the Capitol shall be subject 
            to the orders and in all respects under the direction of the 
            Architect of the Capitol, subject to the approval of the 
            Senate Committee on Rules and Administration. (July 11, 
            1888, ch. 615, Sec. 1, 25 Stat. 258; Aug. 2, 1946, ch. 753, 
            Sec. Sec. 102, 224, 60 Stat. 814, 838.)
            
                                Part B--Compensation

       766  Sec. 1841. Single per annum gross rates of pay.
                Whenever the rate of pay of--
                            (1) an employee of the Office of Architect 
                        of the Capitol;

[[Page 619]]

                    or
                            (2) an employee of the House Restaurant or 
                        of the Senate Restaurant, under the supervision 
                        of the Architect of the Capitol as an agent of 
                        the House or Senate, respectively, as the case 
                        may be,

            is fixed or adjusted on or after the effective date of this 
            section, that rate, as so fixed and adjusted, shall be a 
            single per annum gross rate. (Oct. 26, 1970, Pub. L. 91-510, 
            Sec. 481, 84 Stat. 1196.)

       767  Sec. 1846. Exemptions.
                Notwithstanding any other provision of sections 1841 to 
            1846 of this title, the foregoing provisions of such 
            sections do not apply to any employee described in section 
            1841 of this title whose pay is fixed and adjusted--
                            (1) in accordance with chapter 51, and 
                        subchapter III of chapter 53, of title 5, 
                        relating to classification and General Schedule 
                        pay rates;
                            (2) in accordance with subchapter IV of 
                        chapter 53 of title 5, relating to prevailing 
                        rate pay systems;
                            (3) at per hour or per diem rates in 
                        accordance with section 3 of the Legislative Pay 
                        Act of 1929, as amended (46 Stat. 38; 55 Stat. 
                        615), relating to employees performing 
                        professional and technical services for the 
                        Architect of the Capitol in connection with 
                        construction projects and employees under the 
                        Office of the Architect of the Capitol whose 
                        tenure of employment is temporary or of 
                        uncertain duration; or
                            (4) in accordance with prevailing rates 
                        under authority of sections 2042 to 2047 of this 
                        title entitled ``Joint Resolution transferring 
                        the management of the Senate Restaurants to the 
                        Architect of the Capitol, and for other 
                        purposes'', or section 2041 of this title, 
                        relating to the duties of the Architect of the 
                        Capitol with respect to the House of 
                        Representatives Restaurant. (Oct. 26, 1970, Pub. 
                        L. 91-510, Sec. 486, 84 Stat. 1197.)
       768  Sec. 1847. Authorization to fix basic rate of compensation 
                for certain positions.
                On and after August 21, 1959, the Architect of the 
            Capitol is authorized, without regard to chapter 51 and 
            subchapter III of chapter 53 of title 5, to fix the 
            compensation of four positions under the appropriation 
            ``Salaries, Office of the Architect of the Capitol'', of two 
            positions under the appropriation ``Capitol Buildings'', and 
            of one position under the appropriation ``House Office 
            Buildings'' at a basic rate of $8,200 per annum each: 
            Provided, That this provision shall not be applicable to the 
            positions of Architect or Assistant Architect.
                On and after August 21, 1959, the Architect of the 
            Capitol is authorized, without regard to chapter 51 and 
            subchapter III of chapter 53 of title 5, to fix the 
            compensation of one position under the appropriation 
            ``Senate Office Buildings'', at a basic rate of $8,200 per 
            annum.

            (Pub. L. 86-176, Aug. 21, 1959, 73 Stat. 407; Pub. L. 89-
            309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub. L. 90-206, 
            title II, Sec. 214(p), Dec. 16, 1967, 81 Stat. 638; Pub. L. 
            90-239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub. L. 94-157, 
            title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub. L. 101-
            163, title I, Sec. 106(c), Nov. 21, 1989, 103 Stat. 1056.)

[[Page 620]]

                                    Codification

            ``Chapter 51 and subchapter III of chapter 53 of title 5'' 
            substituted for ``the Classification Act of 1949, as 
            amended'' in text on authority of Pub. L. 89-554, Sec. 7(b), 
            Sept. 6, 1966, 80 Stat. 631, the first section of which 
            enacted Title 5, Government Organization and Employees.

       769  Sec. 1848. Compensation of certain positions in Office of 
                Architect of Capitol.
            (a) Amount of compensation to be that specified in 
                appropriations Acts
                Notwithstanding any other provision of law, the pay for 
            positions described in subsection (b) shall be the amounts 
            specified for such positions in appropriations Acts.
            (b) Positions covered
                The positions referred to in subsection (a) of this 
            section are--
                            (1) the position of assistant referred to in 
                        the proviso in the first undesignated paragraph 
                        under the center subheadings ``Office of the 
                        Architect of the Capitol'' and ``salaries'' in 
                        the first section of the Legislative Branch 
                        Appropriation Act, 1971 (2 U.S.C. 1804), and
                            (2) the eight positions provided for in the 
                        third and fourth undesignated paragraphs under 
                        the center subheadings ``Office of the Architect 
                        of the Capitol'' and ``salaries'' in the first 
                        section of the Legislative Branch Appropriation 
                        Act, 1960 (2 U.S.C. 1847).
            (c) Calculation of amounts
                The pay for each position described in subsection (b) 
            shall be the pay payable for such position with respect to 
            the last pay period before this section takes effect, 
            subject to any applicable adjustment during fiscal year 1988 
            under, or by reference to any applicable adjustment during 
            fiscal year 1988 under, subchapter I of chapter 53 of title 
            5.
            (d) Effective date
                This section shall apply in fiscal years beginning after 
            September 30, 1987, with respect to pay periods beginning 
            after December 22, 1987. (Pub. L. 100-202, Sec. 101(i) 
            [Title III, Sec. 308], Dec. 22, 1987, 101 Stat. 1329-309; 
            Pub. L. 101-163, Title I, Sec. 106(e), Nov. 21, 1989, 103 
            Stat. 1057.)
       770  Sec. 1849. Compensation of certain positions under 
                jurisdiction of Architect of Capitol.
            (a) Director of Engineering
                Effective as of the first day of the first applicable 
            pay period beginning on or after November 5, 1990, the 
            compensation of the Director of Engineering (under the 
            Architect of the Capitol) shall be equal to such rate as the 
            Architect considers appropriate, not to exceed 90 percent of 
            the highest total rate of pay for the Senior Executive 
            Service under chapter 53 of title 5 for the locality 
            involved.
            (b) Other listed positions
                (1) Effective beginning with any pay period beginning on 
            or after November 5, 1990, the Architect of the Capitol may 
            fix the rate of basic pay--

[[Page 621]]

                            (A) for not more than one of the positions 
                        under paragraph (2) at a rate not to exceed 90 
                        percent of the highest total rate of pay for the 
                        Senior Executive Service under chapter 53 of 
                        title 5 for the locality involved; and
                            (B) for any other position under paragraph 
                        (2), at such rate as the Architect considers 
                        appropriate for such position, not to exceed 85 
                        percent of the highest total rate of pay for the 
                        Senior Executive Service under chapter 53 of 
                        title 5 for the locality involved.

                (2) Authority under paragraph (1) may be exercised with 
            respect to any of the following positions under the 
            jurisdiction of the Architect of the Capitol:
                            (A) The Senior Landscape Architect.
                            (B) The Administrative Assistant.
                            (C) The Executive Officer.
                            (D) The Budget Officer.
                            (E) The General Counsel.
                            (F) The Superintendent of the Senate Office 
                        Buildings.
                            (G) The Superintendent of the House Office 
                        Buildings.
                            (H) The Supervising Engineer of the United 
                        States Capitol.
            (c) Authority to list additional positions
                Effective beginning with any pay period beginning on or 
            after August 14, 1991, the rate of basic pay for up to 8 
            positions under the jurisdiction of the Architect of the 
            Capitol may be fixed at such rate as the Architect considers 
            appropriate for each, not to exceed 135 percent of the 
            minimum rate payable for grade GS-15 of the General 
            Schedule.

            (Pub. L. 101-520, title I, Sec. 108, Nov. 5, 1990, 104 Stat. 
            2268; Pub. L. 102-90, title I, Sec. 104, Aug. 14, 1991, 105 
            Stat. 459; Pub. L. 105-55, title III, Sec. 311(a), (b), Oct. 
            7, 1997, 111 Stat. 1201.)

       771  Sec. 1850. Registered nurses compensated under 
                appropriations for Capitol Buildings, Senate Office 
                Buildings, and House Office Buildings; allocation to 
                General Schedule salary grade.
                Notwithstanding any other provision of law, effective on 
            the first day of the first applicable pay period which 
            begins on or after December 27, 1974, the positions of 
            registered nurses compensated under appropriations for 
            Capitol Buildings, Senate Office Buildings, and House Office 
            Buildings shall be allocated by the Architect of the Capitol 
            at not to exceed grade 12 of the General Schedule.
                Notwithstanding any other provision of law, effective 
            January 1, 1975, none of the funds appropriated to the 
            Architect of the Capitol shall thereafter be available for 
            any nursing position unless the position is occupied by a 
            Registered Nurse: Provided, That such provision shall not be 
            applicable to the present incumbents of such positions. 
            (June 20, 1958, Pub. L. 85-462, 72 Stat. 208; Dec. 27, 1974, 
            Pub. L. 93-554, Sec. 101, 88 Stat. 1777; Pub. L. 101-520, 
            Sec. 109, Nov. 5, 1990, 104 Stat. 2269; Pub. L. 103-283, 
            Title I, Sec. 103, July 22, 1994, 108 Stat. 1435.)
            
                   Subchapter IV--Appropriations and Expenditures

       772  Sec. 1861. Appropriations under control of Architect of 
                Capitol.
                Appropriations under the control of the Architect of the 
            Capitol shall be available for expenses of advertising and 
            personal and other services.

[[Page 622]]

            (Feb. 28, 1929, ch. 367, 45 Stat. 1395; June 6, 1930, ch. 
            407, 46 Stat. 513.)

                                    Codification

            Section consolidates provisions from the Legislative Branch 
            Appropriation Acts for fiscal years 1930 and 1931. Section 
            was formerly classified to section 689 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.

       773  Sec. 1862. Transfer of funds by Architect of Capitol.
                During fiscal year 1997 and fiscal years thereafter, 
            amounts appropriated to the Architect of the Capitol 
            (including amounts relating to the Botanic Garden) may be 
            transferred among accounts available to the Architect of the 
            Capitol upon the approval of--
                (1) the Committee on Appropriations of the House of 
            Representatives, in the case of amounts transferred from the 
            appropriation for Capitol buildings and grounds under the 
            heading ``house office buildings'';
                (2) the Committee on Appropriations of the Senate, in 
            the case of amounts transferred from the appropriation for 
            Capitol buildings and grounds under the heading ``senate 
            office buildings''; and
                (3) the Committees on Appropriations of the Senate and 
            the House of Representatives, in the case of amounts 
            transferred from any other appropriation.

            (Pub. L. 104-197, title III, Sec. 306, Sept. 16, 1996, 110 
            Stat. 2413.)

       774  Sec. 1865. Capitol Police Buildings and Grounds Fund.
                (a) There is hereby established in the Treasury of the 
            United States an account for the Architect of the Capitol to 
            be known as ``Capitol Police Buildings and Grounds'' 
            (hereinafter in this section referred to as the 
            ``account'').
                (b) Funds in the account shall be used by the Architect 
            of the Capitol for all necessary expenses for the 
            maintenance, care, and operation of buildings and grounds of 
            the United States Capitol Police.
                (c) This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. Any amounts provided 
            to the Architect of the Capitol prior to the date of the 
            enactment of this Act for the maintenance, care, and 
            operation of buildings of the United States Capitol Police 
            during fiscal year 2002 shall be transferred to the account.

            (Pub. L. 107-206, Sec. 906, Aug. 2, 2002, 116 Stat. 877.)

       775  Sec. 1866. Certification of vouchers by Architect of 
                Capitol.
                It shall not be a duty of the Architect of the Capitol 
            to certify any payroll or other voucher covering any 
            expenditure from any appropriation for the Senate Office 
            Building, or for any other building or activity, unless the 
            obligation involved was incurred by him or under his 
            direction. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343.)
       776  Sec. 1868. Semiannual report of expenditures by Architect of 
                Capitol.
                (1) Commencing with the semiannual period beginning 
            January 1, 1965, and for each semiannual period thereafter, 
            the Architect of the Capitol shall compile and, not later 
            than sixty days following the close of the semiannual 
            period, submit to the Senate and the House of 
            Representatives a report of all expenditures made from 
            monies appropriated to the Architect of the Capitol, based 
            on payrolls and other vouchers

[[Page 623]]

            transmitted during such period to the Treasury Department 
            for disbursement, such report to include (1) the name, 
            title, and gross salary payment to each employee; (2) a list 
            of government contributions to retirement, health insurance, 
            and other similar funds; and (3) name of payee, brief 
            description of service rendered or items furnished under 
            contract, purchase order or other agreement. Such report 
            shall be printed as a Senate document.
                (2) The report by the Architect of the Capitol under 
            paragraph (1) for the semiannual period beginning on January 
            1, 1976, shall include the period beginning on July 1, 1976, 
            and ending on September 30, 1976, and such semiannual period 
            shall be treated as closing on September 30, 1976. 
            Thereafter, the report by the Architect of the Capitol under 
            paragraph (1) shall be for the semiannual periods beginning 
            on October 1 and ending on March 31 and beginning on April 1 
            and ending on September 30 of each year. (As amended Pub. L. 
            94-303, Title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.)
            
                             Chapter 29.--CAPITOL POLICE

            
                   Subchapter I.--Organization and Administrative

            
                                   Part A--General

       777  Sec. 1901. Capitol police; appointment; Chief of the Capitol 
                Police.
                There shall be a Capitol police. The captain and 
            lieutenants shall be selected jointly by the Sergeant at 
            Arms of the Senate and the Sergeant at Arms of the House of 
            Representatives; and one-half of the privates shall be 
            selected by the Sergeant at Arms of the Senate and one-half 
            by the Sergeant at Arms of the House of Representatives. The 
            Capitol Police shall be headed by a Chief who shall be 
            appointed by the Capitol Police Board and shall serve at the 
            pleasure of the Board. (R.S. Sec. 1821; Apr. 28, 1902, ch. 
            594, Sec. 1, 32 Stat. 124; June 28, 1943, ch. 173, Sec. 101, 
            57 Stat. 230; Dec. 20, 1979, Pub. L. 96-152, Sec. 1(a), 93 
            Stat. 1099.)
            
                  Part B--Compensation and Other Personnel Matters

       778  Sec. 1921. Payment of Capitol Police.
                The said police shall be paid on the order of the 
            Sergeant at Arms of the Senate and the Sergeant at Arms of 
            the House, or of either of them. (R.S. Sec. 1822.)
       779  Sec. 1922. Unified payroll administration for Capitol 
                Police.
                Payroll administration for the Capitol Police and 
            civilian support personnel of the Capitol Police shall be 
            carried out on a unified basis by a single disbursing 
            authority. The Capitol Police Board, with the approval of 
            the Committee on House Oversight of the House of 
            Representatives and the Committee on Rules and 
            Administration of the Senate, acting jointly, shall, by 
            contract or otherwise, provide for such unified payroll 
            administration. (July 31, 1946, ch. 707, Sec. 9C, as added 
            Oct. 6, 1992, Pub. L. 102-397, Title I, Sec. 102, 106 Stat. 
            1950; Pub. L. 104-186, Title II, Sec. 221(12), Aug. 21, 
            1996, 110 Stat. 1750.)

[[Page 624]]

            Note
            Effective Date
                Section 104 of Pub. L. 102-397, as amended Pub. L. 102-
            392, Title III, Sec. 321, Oct. 6, 1992, 106 Stat. 1726, 
            provided that: ``The unified payroll administration under 
            the amendment made by section 102 [enacting this section] 
            shall apply with respect to pay periods beginning after 
            September 30, 1993.''
       780  Sec. 1925. Emergency duty overtime pay for Capitol Police 
                from funds disbursed by Secretary of the Senate; 
                compensatory time off in place of additional pay; 
                election, accrual and transfer of time off; rules and 
                regulations.
                Each officer or member of the Capitol Police force whose 
            compensation is disbursed by the Secretary of the Senate, 
            who performs duty in addition to the number of hours of his 
            regularly scheduled tour of duty for any day on or after 
            July 1, 1974, is entitled to be paid compensation (when 
            ordered to perform such duty by proper authority) or receive 
            compensatory time off for each such additional hour of duty, 
            except that an officer shall be entitled to such 
            compensation only upon a determination made by the Capitol 
            Police Board with respect to any additional hours. 
            Compensation of an officer or member for each additional 
            hour of duty shall be paid at a rate equal to his hourly 
            rate of compensation in the case of an officer, and at a 
            rate equal to one and one-half times his hourly rate of 
            compensation for a member of such force. The hourly rate of 
            compensation of such officer or member shall be determined 
            by dividing his annual rate of compensation by 2,080. Any 
            officer or member entitled to be paid compensation for such 
            additional hours shall make a written election, which is 
            irrevocable, whether he desires to be paid that compensation 
            or to receive compensatory time off instead for each such 
            hour. Compensation due officers and members under this 
            paragraph shall be paid by the Secretary, upon certification 
            by the Chief of the Capitol Police at the end of each 
            calendar quarter and approval of the Capitol Police Board, 
            from funds available in the Senate appropriation, 
            ``Salaries, Officers and Employees'' for the fiscal year in 
            which the additional hours of duty are performed without 
            regard to the limitations specified therein. Any 
            compensatory time off accrued and not used by an officer or 
            member at the time he is separated from service on the 
            Capitol Police force may not be transferred to any other 
            department, agency, or establishment of the United States 
            Government or the government of the District of Columbia, 
            and no lump-sum amount shall be paid for such accrued time. 
            The Capitol Police Board is authorized to prescribe 
            regulations to carry out this section. (Pub. L. 92-51, 
            Sec. 101, July 9, 1971; 85 Stat. 130, amended Pub. L. 93-
            145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371, 
            Sec. 101(5), Aug. 13, 1974, 88 Stat. 430.)
       781  Sec. 1928. Suspension of Capitol Police members.
                The captain of the Capitol police may suspend any member 
            of the force, subject to the approval of the two Sergeants 
            at Arms and of the Architect of the Capitol. (R.S. 
            Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
       782  Sec. 1929. Pay of Capitol Police members under suspension.
                Whenever a member of the Capitol police or watch force 
            is suspended from duty for cause, said policeman or watchman 
            shall receive no com

[[Page 625]]

            pensation for the time of such suspension if he shall not be 
            reinstated. (Mar. 3, 1875, ch. 129, Sec. 1, 18 Stat. 345.)
            
                              Part C--Uniforms and Arms

       783  Sec. 1941. Uniform; belts and arms; Capitol Police.
                The Sergeant at Arms of the Senate and the Sergeant at 
            Arms of the House of Representatives shall select and 
            regulate the pattern for a uniform for the Capitol police 
            and watchmen, and furnish each member of the force with the 
            necessary belts and arms, payable out of the contingent fund 
            of the Senate and House of Representatives upon the 
            certificate of the officers above named. Such arms so 
            furnished shall be carried by each officer and member of the 
            Capitol Police, while in the Capitol Building (as defined in 
            section 16(a)(1) of the Act of July 31, 1946, as amended (40 
            U.S.C. 5101)), and while within or outside of the boundaries 
            of the United States Capitol Grounds (as defined in the 
            first section of the Act of July 31, 1946, as amended (40 
            U.S.C. 5102)), in such manner and at such times as the 
            Sergeant at Arms of the Senate and the Sergeant at Arms of 
            the House of Representatives may, by regulations, prescribe. 
            (R.S. Sec. 1824; Oct. 31, 1972, Pub. L. 92-607, Sec. 507, 86 
            Stat. 1508; May 4, 1977, Pub. L. 95-26, Sec. 112, 91 Stat. 
            87.)
       784  Sec. 1943. Uniform; at whose expense; Capitol Police.
                The members of the Capitol police shall furnish at their 
            own expense, each his own uniform, which shall be in exact 
            conformity to that required by regulation of the Sergeants 
            at Arms. (R.S. Sec. 1825.)
       785  Sec. 1944. Wearing uniform on duty; Capitol Police.
                The officers, privates, and watchmen of the Capitol 
            police shall, when on duty, wear the regulation uniform. 
            (Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.)
            
                          Subchapter II.--Powers and Duties

       786  Sec. 1961. Policing of Capitol buildings and grounds; powers 
                of Capitol police; arrests by Capitol Police for crimes 
                of violence; arrests by District of Columbia police.
                The Capitol Police shall police the United States 
            Capitol Buildings and Grounds under the direction of the 
            Capitol Police Board, consisting of the Sergeant at Arms of 
            the United States Senate, the Sergeant at Arms of the House 
            of Representatives, and the Architect of the Capitol, and 
            shall have the power to enforce the provisions of sections 
            193a to 193m, 212a, 212a-2, and 212b of this title and 
            regulations promulgated under section 212b of this title, 
            and to make arrests within the United States Capitol 
            Buildings and Grounds for any violations of any law of the 
            United States, of the District of Columbia, or of any State, 
            or any regulation promulgated pursuant thereto: Provided, 
            That for the fiscal year for which appropriations are made 
            by this Act the Capitol Police shall have the additional 
            authority to make arrests within the District of Columbia 
            for crimes of violence, as defined in section 16 of title 
            18, committed within the Capitol Buildings and Grounds and 
            shall have the additional authority to make arrests, without 
            a warrant, for crimes of violence, as defined in section 16 
            of title 18, committed in the presence of any member of the 
            Capitol Police

[[Page 626]]

            performing official duties: Provided further, That the 
            Metropolitan Police force of the District of Columbia are 
            authorized to make arrests within the United States Capitol 
            Buildings and Grounds for any violation of any such laws or 
            regulations, but such authority shall not be construed as 
            authorizing the Metropolitan Police force, except with the 
            consent or upon the request of the Capitol Police Board, to 
            enter such buildings to make arrests in response to 
            complaints or to serve warrants or to patrol the United 
            States Capitol Buildings and Grounds. For the purpose of 
            this section, the word ``grounds'' shall include the House 
            Office Buildings parking areas and that part or parts of 
            property which have been or hereafter are acquired in the 
            District of Columbia by the Architect of the Capitol, or by 
            an officer of the Senate or the House, by lease, purchase, 
            intergovernment transfer, or otherwise, for the use of the 
            Senate, the House, or the Architect of the Capitol. (July 
            31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Dec. 24, 1973, Pub. 
            L. 93-198, title VII, Sec. 739(g)(4), (5), 87 Stat. 829; 
            Pub. L. 101-520, Nov. 5, 1990, 104 Stat. 2264; Pub. L. 102-
            392, Title III, Sec. 310, Oct. 6, 1992, 106 Stat. 1723; Pub. 
            L. 102-397, Title I, Sec. 103, Oct. 6, 1992, 106 Stat. 
            1950.)
       787  Sec. 1962. Capitol grounds and Library of Congress grounds; 
                detail of police.
                The Capitol Police Board is authorized to detail police 
            from the House Office, Senate Office, and Capitol Buildings 
            for police duty on the Capitol Grounds and on the Library of 
            Congress Grounds. (Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94 
            Stat. 1853.)
       788  Sec. 1963. Protection of grounds.
                It shall be the duty of the Capitol police to prevent 
            any portion of the Capitol Grounds and terraces from being 
            used as playgrounds or otherwise, so far as may be necessary 
            to protect the public property, turf and grass from 
            destruction or injury. (Apr. 29, 1876, ch. 86, 19 Stat. 41.)
       789  Sec. 1966. Protection of Members of Congress, officers of 
                Congress, and members of their families.
            (a) Authority of the Capitol Police
                Subject to the direction of the Capitol Police Board, 
            the United States Capitol Police is authorized to protect, 
            in any area of the United States, the person of any Member 
            of Congress, officer of the Congress, as defined in section 
            60-1(b) of Title 2, and any member of the immediate family 
            of any such Member or officer, if the Capitol Police Board 
            determines such protection to be necessary.
            (b) Detail of police
                In carrying out its authority under this section, the 
            Capitol Police Board, or its designee, is authorized, in 
            accordance with regulations issued by the Board pursuant to 
            this section, to detail, on a case-by-case basis, members of 
            the United States Capitol Police to provide such protection 
            as the Board may determine necessary under this section.
            (c) Arrest of suspects
                In the performance of their protective duties under this 
            section, members of the United States Capitol Police are 
            authorized (1) to make arrests without warrant for any 
            offense against the United States com

[[Page 627]]

            mitted in their presence, or for any felony cognizable under 
            the laws of the United States if they have reasonable 
            grounds to believe that the person to be arrested has 
            committed or is committing such felony; and (2) to utilize 
            equipment and property of the Capitol Police.
            (d) Fines and penalties
                Whoever knowingly and willfully obstructs, resists, or 
            interferes with a member of the Capitol Police engaged in 
            the performance of the protective functions authorized by 
            this section, shall be fined not more than $300 or 
            imprisoned not more than one year, or both.
            (e) Construction of provisions
                Nothing contained in this section shall be construed to 
            imply that the authority, duty, and function conferred on 
            the Capitol Police Board and the United States Capitol 
            Police are in lieu of or intended to supersede any 
            authority, duty, or function imposed on any Federal 
            department, agency, bureau, or other entity, or the 
            Metropolitan Police of the District of Columbia, involving 
            the protection of any such Member, officer, or family 
            member.
            (f) ``United States'' defined
                As used in this section, the term ``United States'' 
            means each of the several States of the United States, the 
            District of Columbia, and territories and possessions of the 
            United States. (Pub. L. 97-143, Sec. 1(a), Dec. 29, 1981, 95 
            Stat. 1723.)
            Note
                Supplemental Appropriations Act, 1977, Pub. L. 95-26, 
            chapter VIII, Sec. 113.91 Stat. 87, provided:
                ``Sec. 113. The Chairman of the Capitol Police Board is 
            authorized, subject to such conditions as he may impose, to 
            authorize the assignment of a police motor vehicle for use 
            by instructor personnel of the Capital Police Force while 
            assigned to the Federal Law Enforcement Training Center.''
            Cross Reference
                For the definition of Capitol Buildings, see section 
            193m of this title.
       790  Sec. 1967. Law enforcement authority of Capitol Police 
                oversight.
            (a) Scope
                Subject to such regulations as may be prescribed by the 
            Capitol Police Board and approved by the Committee on House 
            Oversight of the House of Representatives and the Committee 
            on Rules and Administration of the Senate, a member of the 
            Capitol Police shall have authority to make arrests and 
            otherwise enforce the laws of the United States, including 
            the laws of the District of Columbia--
                            (1) within the District of Columbia, with 
                        respect to any crime of violence committed 
                        within the United States Capitol Grounds;
                            (2) within the District of Columbia, with 
                        respect to any crime of violence committed in 
                        the presence of the member, if the member is in 
                        the performance of official duties when the 
                        crime is committed;
                            (3) within the District of Columbia, to 
                        prevent imminent loss of life or injury to 
                        person or property, if the officer is in the 
                        performance of official duties when the 
                        authority is exercised; and
                            (4) within the area described in subsection 
                        (b) of this section.

[[Page 628]]

            (b) Area
                The area referred to in subsection (a)(4) of this 
            section is that area bounded by the north curb of H Street 
            from 3rd Street, N.W. to 7th Street, N.E., the east curb of 
            7th Street from H Street, N.E., to M Street, S.E., the south 
            curb of M Street from 7th Street, S.E., to 1st Street, S.E., 
            the east curb of 1st Street from M Street, S.E., to Potomac 
            Avenue S.E., the southeast curb of Potomac Avenue from 1st 
            Street, S.E. to South Capitol Street, S.W., the west curb of 
            South Capitol Street from Potomac Avenue, S.W. to P Street, 
            S.W., the north curb of P Street from South Capitol Street, 
            S.W. to 3rd Street, S.W., and the west curb of 3rd Street 
            from P Street, S.W. to H Street, N.W.
            (c) Authority of Metropolitan Police force unaffected
                This section does not affect the authority of the 
            Metropolitan Police force of the District of Columbia with 
            respect to the area described in subsection (b) of this 
            section.
            (d) ``Crime of violence'' defined
                As used in this section, the term ``crime of violence'' 
            has the meaning given that term in section 16 of title 18. 
            (July 31, 1946, ch. 707, Sec. 9B, as added Oct. 6, 1992, 
            Pub. L. 102-397, Title I, Sec. 101, 106 Stat. 1949; Aug. 20, 
            1996, Pub. L. 104-186, Title II, Sec. 221(13), 110 Stat. 
            1750.)
       791  Sec. 1969. Regulation of traffic by Capitol Police Board.
                (a) The Capitol Police Board, consisting of the Sergeant 
            at Arms of the United States Senate, the Sergeant at Arms of 
            the House of Representatives, and the Architect of the 
            Capitol, shall have exclusive charge and control of the 
            regulation and movement of all vehicular and other traffic, 
            including the parking and impounding of vehicles and 
            limiting the speed thereof, within the United States Capitol 
            Grounds; and said Board is authorized and empowered to make 
            and enforce all necessary regulations therefor and to 
            prescribe penalties for violation of such regulations, such 
            penalties not to exceed a fine of $300 or imprisonment for 
            not more than ninety days. Notwithstanding the foregoing 
            provisions of this section those provisions of the Superior 
            Court of the District of Columbia Traffic Act of 1925, as 
            amended, for the violation of which specific penalties are 
            provided in said Act, as amended, shall be applicable to the 
            United States Capitol Grounds. Prosecutions for violation of 
            such regulations shall be in the Superior Court of the 
            District of Columbia, upon information by the Corporation 
            Counsel of the District of Columbia or any of his 
            assistants.
                (b) Regulations authorized to be promulgated under this 
            section shall be promulgated by the Capitol Police Board and 
            such regulations may be amended from time to time by the 
            Capitol Police Board whenever it shall deem it necessary: 
            Provided, That until such regulations are promulgated and 
            become effective, the traffic regulations of the District of 
            Columbia shall be applicable to the United States Capitol 
            Grounds.
                (c) All regulations promulgated under the authority of 
            this section shall, when adopted by the Capitol Police 
            Board, be printed in one or more of the daily newspapers 
            published in the District of Columbia, and shall not become 
            effective until the expiration of ten days after the date of 
            such publication, except that whenever the Capitol Police 
            Board deems it advisable to make effective immediately any 
            regulation relating to parking, diverting of vehicular 
            traffic, or the closing of streets

[[Page 629]]

            to such traffic, the regulation shall be effective 
            immediately upon placing at the point where it is to be in 
            force conspicuous signs containing a notice of the 
            regulation. Any expenses incurred under this subsection 
            shall be payable from the appropriation ``Uniforms and 
            Equipment, Capitol Police''.
                (d) It shall be the duty of the Commissioners of the 
            District of Columbia, or any officer or employee of the 
            government of the District of Columbia designated by said 
            Commissioners, upon request of the Capitol Police Board, to 
            cooperate with the Board in the preparation of the 
            regulations authorized to be promulgated under this section, 
            and any future amendments thereof. (July 31, 1946, ch. 707, 
            Sec. 14, 60 Stat. 720; July 11, 1947, ch. 211, Sec. Sec. 1, 
            2, 61 Stat. 308; July 8, 1963, Pub. L. 88-60, 77 Stat. 78; 
            Dec. 24, 1973, Pub. L. 93-198, Title VII, Sec. 739(g)(6), 87 
            Stat. 829.)
            
              Chapter 30.--OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

            
                               Subchapter II.--Senate

       792  Sec. 2021. Additional Senate office building.
                Upon completion of the additional office building \1\ 
            for the United States Senate, the building and the grounds 
            and sidewalks surrounding the same shall be subject to the 
            provisions of sections 5101 through 5109 of Title 40 and 
            1961, 1969, 2023, and 2024 of this title, in the same manner 
            and to the same extent as the present Senate Office Building 
            \1\ and the grounds and sidewalks surrounding the same. 
            (June 25, 1948, ch. 658, Sec. 1, 62 Stat. 1029.)
                \1\See Senate Manual sections 79.8, 79.9.
            City Post Office Building; Leased Property as Part of Senate 
                                  Office Buildings
                (a) Notwithstanding any other provision of law, the 
            Architect of the Capitol, subject to the approval of the 
            Committee on Rules and Administration, is authorized to 
            lease, for use by the United States Senate, and for such 
            other purposes as such committee may approve, 150,000 square 
            feet of space, more or less, in the property located at 2 
            Massachusetts Avenue, N.E., Washington, District of 
            Columbia, known as the City Post Office Building: Provided, 
            That rental payments shall be paid from the account 
            `Architect of the Capitol, Senate Office Buildings' upon 
            vouchers approved by the Architect of the Capitol: Provided 
            further, That nothing in this section shall be construed so 
            as to obligate the Senate or any of its Members, officers, 
            or employees to enter into any such lease or to imply any 
            obligation to enter into any such lease.
                (b) Notwithstanding any other provision of law, property 
            leased under authority of subsection (a) shall be maintained 
            by the Architect of the Capitol as part of the `Senate 
            Office Buildings' subject to the laws, rules, and 
            regulations governing such buildings, and the Architect is 
            authorized to incur such expenses as may be necessary to 
            provide for such occupancy.
                (c) There is hereby authorized to be appropriated to the 
            `Architect of the Capitol, Senate Office Buildings' such 
            sums as may be necessary to carry out the provisions of 
            subsections (a) and (b).
                (d) There is authorized to be appropriated to the 
            Sergeant at Arms of the United States Senate such sums as 
            may be necessary to provide for the planning and relocation 
            of offices and equipment to the property described in 
            subsection (a), subject to direction by the Committee on 
            Rules and Administration.
                (e) The authority under this section shall continue 
            until otherwise provided by law. (Pub. L. 101-520, Title I. 
            Sec. 107, Nov. 5, 1990, 104 Stat. 2267.)

[[Page 630]]

            Acquisition of Property For Use as Residential Facility For 
                             United States Senate Pages
                (a) Acquisition of property.--The Architect of the 
            Capitol, under the direction of the Senate Committee on 
            Rules and Administration, may acquire, on behalf of the 
            United States Government, by purchase, condemnation, 
            transfer or otherwise, as an addition to the United States 
            Capitol Grounds, all publicly and privately owned real 
            property in lots 34 and 35 in square 758 in the District of 
            Columbia as those lots appear on the records in the Office 
            of the Surveyor of the District of Columbia as the date of 
            the enactment of this Act [Aug. 3, 1992], extending to the 
            outer face of the curbs of the square in which such lots are 
            located and including all alleys or parts of alleys and 
            streets within the lot lines and curb lines surrounding such 
            real property, together with all improvements thereon.
                (b) United States Capitol Grounds and Buildings.--
            Immediately upon the acquisition by the Architect of the 
            Capitol, on behalf of the United States, of the real 
            property, and the improvements thereon, as provided under 
            subsection (a), the real property acquired shall be a part 
            of the United States Capitol Grounds, and the improvements 
            on such real property shall be a part of the Senate Office 
            Buildings. Such real property and improvements shall be 
            subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.) 
            [sections 5101 to 5109 of title 40 and 1961, 1966, and 1969 
            of this title and provisions set out as notes under sections 
            5102 and 5109 of title 40], and the Act of June 8, 1942 (2 
            U.S.C. 2024-2025).
                (c) Building codes.--The real property and improvements 
            acquired in accordance with subsection (a) shall be repaired 
            and altered, to the maximum extent feasible as determined by 
            the Architect of the Capitol, in accordance with a 
            nationally recognized model building code, and other 
            applicable nationally recognized codes (including electrical 
            codes, fire and life safety codes, and plumbing codes, as 
            determined by the Architect of the Capitol), using the most 
            current edition of the nationally recognized codes referred 
            to in this subsection.
                (d) Repairs; expenditures.--The Architect of the Capitol 
            is authorized, without regard to the provisions of section 
            3709 of the Revised Statutes of the United States [section 5 
            of Title 41, Public Contracts], to enter into contracts and 
            to make expenditures for necessary repairs to, and 
            refurbishment of, the real property and the improvements on 
            such real property acquired in accordance with subsection 
            (a), including expenditures for personal and other services 
            as may be necessary to carry out the purposes of this Act 
            [this note]. In no event shall the aggregate value of 
            contracts and expenditures under this subsection exceed an 
            amount equal to that authorized to be appropriated pursuant 
            to subsection (e).
                (e) Authorization.--There is authorized to be 
            appropriated to the account under the heading ``Architect of 
            the Capitol'' and the subheadings ``Capitol Buildings and 
            Grounds'' and ``Senate Office Buildings'', $2,000,000 for 
            carrying out the purposes of this Act [this note]. Moneys 
            appropriated pursuant to this authorization may remain 
            available until expended.
                (f) Use of property.--The real property, and 
            improvements thereon, acquired in accordance with subsection 
            (a) shall be available to the Sergeant at Arms and 
            Doorkeeper of the Senate for use as a residential facility 
            for United States Senate Pages, and for such other purposes 
            as the Senate Committee on Rules and Administration may 
            provide. (Pub. L. 102-330, Aug. 3, 1992, 106 Stat 849.)
       793  Sec. 2023. Control, care, and supervision of Senate office 
                building.
                The Senate Office Building,\1\ and the employment of all 
            services (other than for officers and privates of the 
            Capitol Police) necessary for its protection, care, and 
            occupancy, together with all other items that may be 
            appropriated for by the Congress for such purposes, shall be 
            under the control and supervision of the Architect of the 
            Capitol, subject to the approval of the Senate Committee on 
            Rules and Administration as to matters of general policy; 
            and the Architect of the Capitol shall submit annually to 
            the Congress estimates in detail for all services (other 
            than for officers and privates of the Capitol Police) and 
            for all other expenses in connection with said office 
            building and necessary

[[Page 631]]

            for its protection, care, and occupancy. (June 8, 1942, ch. 
            396, Sec. 1, 56 Stat. 343; Aug. 2, 1946, ch. 753, 
            Sec. Sec. 102, 224, 60 Stat. 814, 838.)
                \1\See Senate Manual sections 79.8, 79.9.
       794  Sec. 2024. Assignment of space in Senate office building.
                The assignment of rooms and other space in the Senate 
            Office Building \1\ shall be under the direction and control 
            of the Senate Committee on Rules and Administration and 
            shall not be a part of the duties of the Architect of the 
            Capitol. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343; Aug. 
            2, 1946, ch. 753, Sec. Sec. 102, 224, 60 Stat. 814, 838.)
                \1\ See Senate Manual sections 79.8, 79.9
       795  Sec. 2025. Senate garage; control, supervision, servicing of 
                official motor vehicles.
                (a) The employees of the Senate garage engaged by the 
            Architect of the Capitol for the primary purpose of 
            servicing official motor vehicles, together with the 
            functions performed by such employees, shall, on October 1, 
            1980, be transferred to the jurisdiction of the Sergeant at 
            Arms and Doorkeeper of the Senate: Provided further, That, 
            effective July 1, 1965, the underground space in the north 
            extension of the Capitol Grounds, known as the Legislative 
            Garage shall hereafter be known as the Senate Garage and 
            shall be under the jurisdiction and control of the Architect 
            of the Capitol, subject to such regulations respecting the 
            use thereof as may be promulgated by the Senate Committee on 
            Rules and Administration: Provided further, That, such 
            regulations shall provide for the continued assignment of 
            space and the continued furnishing of service in such garage 
            for official motor vehicles of the House and the Senate and 
            the Architect of the Capitol and Capitol Grounds maintenance 
            equipment.
                (b) As used in subsection (a) of this section, the term 
            ``servicing'' includes, with respect to an official motor 
            vehicle, the washing and fueling of such vehicle, the 
            checking of its tires and battery, and checking and adding 
            oil. (June 30, 1932, ch. 314, Sec. 1, 47 Stat. 391; Aug. 20, 
            1964, Pub. L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub. L. 
            96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.)
            
                            Subchapter III.--Restaurants

       796  Sec. 2042. Senate Restaurants; management by Architect of 
                Capitol.
                Effective August 1, 1961, the management of the Senate 
            Restaurants and all matters connected therewith, heretofore 
            under the direction of the Senate Committee on Rules and 
            Administration, shall be under the direction of the 
            Architect of the Capitol under such rules and regulations as 
            the Architect may prescribe for the operation and the 
            employment of necessary assistance for the conduct of said 
            restaurants by such business methods as may produce the best 
            results consistent with economical and modern management, 
            subject to the approval of the Senate Committee on Rules and 
            Administration as to matters of general policy: Provided, 
            That the management of the Senate Restaurant by the 
            Architect of the Capitol shall cease and the restaurants 
            revert from the jurisdiction of the Architect of the Capitol 
            to the jurisdiction of the Senate Committee on Rules and 
            Administration upon adoption by that committee of a 
            resolution ordering such transfer of jurisdiction at any 
            time hereafter. (Pub. L. 87-82, Sec. 1, July 6, 1961, 75 
            Stat. 199.)

[[Page 632]]


       797  Sec. 2043. Authorization and direction to effectuate 
                purposes of sections 2042 to 2047 of this title
                The Architect of the Capitol is authorized and directed 
            to carry into effect for the United States Senate the 
            provisions of sections 2042 to 2047 of this title and to 
            exercise the authorities contained herein, and any 
            resolution of the Senate amendatory hereof or supplementary 
            hereto hereafter adopted. Such authority and direction shall 
            continue until the United States Senate shall by resolution 
            otherwise order, or until the Senate Committee on Rules and 
            Administration shall by resolution order the restaurants to 
            be returned to the committee's jurisdiction. (Pub. L. 87-82, 
            Sec. 3, July 6, 1961, 75 Stat. 199.)
       798  Sec. 2044. Special deposit account; establishment; 
                appropriations; approval of payments.
                There is established with the Treasurer of the United 
            States a special deposit account in the name of the 
            Architect of the Capitol for the United States Senate 
            Restaurants, into which shall be deposited all sums received 
            pursuant to sections 2042 to 2047 of this title or any 
            amendatory or supplementary resolutions hereafter adopted 
            and from the operations thereunder and from which shall be 
            disbursed the sums necessary in connection with the exercise 
            of the duties required under section 2042 to 2047 of this 
            title or any amendatory or supplementary resolutions and the 
            operations thereunder. Any amounts appropriated for fiscal 
            year 1973 and thereafter from the Treasury of the United 
            States, which shall be part of a ``Contingent Expenses of 
            the Senate'' item for the particular fiscal year involved, 
            shall be paid to the Architect of the Capitol by the 
            Secretary of the Senate at such times and in such sums as 
            the Senate Committee on Rules and Administration may 
            approve. Any such payment shall be deposited by the 
            Architect in full under such special deposit account. (July 
            6, 1961, Pub. L. 87-82, Sec. 4, 75 Stat. 199; July 9, 1971, 
            Pub. L. 92-51, Sec. 101, 85 Stat. 129; July 10, 1972, Pub. 
            L. 92-342, Sec. 101, 86 Stat. 435.)
       799  Sec. 2045. Deposits and disbursements under special deposit 
                account.
                Deposits and disbursements under such special deposit 
            account (1) shall be made by the Architect, or, when 
            directed by him, by such employees of the Architect as he 
            may designate, and (2) shall be subject to audit by the 
            General Accounting Office at such times and in such manner 
            as the Comptroller General may direct: Provided, That 
            payments made by or under direction of the Architect of the 
            Capitol from such special deposit account shall be 
            conclusive upon all officers of the Government. (Pub. L. 87-
            82, Sec. 5, July 6, 1961, 75 Stat. 200.)
       800  Sec. 2046. Bond of Architect, Assistant Architect, and other 
                employees.
                The Architect, Assistant Architect, and any employees of 
            the Architect designated by the Architect under section 2045 
            of this title shall each give bond in the sum of $5,000 with 
            such surety as the Secretary of the Treasury may approve for 
            the handling of the financial transactions under such 
            special deposit account. (Pub. L. 87-82, Sec. 6, July 6, 
            1961, 75 Stat. 200.)

[[Page 633]]


       801  Sec. 2047. Supersedure of prior provisions for maintenance 
                and operation of Senate Restaurants.
                This Act shall supersede any other Acts or resolutions 
            heretofore approved for the maintenance and operation of the 
            Senate Restaurants: Provided, however, That any Acts or 
            resolutions now in effect shall again become effective, 
            should the restaurants at any future time revert to the 
            jurisdiction of the Senate Committee on Rules and 
            Administration. (Pub. L. 87-82, Sec. 7, July 6, 1961, 75 
            Stat. 200.)
       802  Sec. 2048. Management personnel and miscellaneous expenses; 
                availability of appropriations; annual and sick leave.
                Hereafter, appropriations for the ``Senate Office 
            Buildings'' shall be available for employment of management 
            personnel of the Senate restaurant facilities and 
            miscellaneous restaurant expenses (except cost of food and 
            cigar stand sales) and, in fixing the compensation of such 
            personnel, the compensation of four positions hereafter to 
            be designated as Director of Food Service, Assistant 
            Director of Food Service, Manager (special functions), and 
            Administrative Officer shall be fixed by the Architect of 
            the Capitol without regard to chapter 51 and subchapters III 
            and IV of chapter 53 of title 5, and shall thereafter be 
            adjusted in accordance with section 5307 of title 5. Annual 
            and sick leave balances of such personnel, as of July 9, 
            1971, shall be credited to the leave accounts of such 
            personnel, subject to the provisions of section 6304 of 
            title 5, upon their transfer to the appropriation for Senate 
            Office Buildings and such personnel shall continue, while 
            employed by the Architect of the Capitol, to earn leave at 
            rates not less than their present accrual rates. (Pub. L. 
            92-51, Sec. 101, July 9, 1971, 85 Stat. 138, amended Pub. L. 
            94-59, Title V, Sec. 500, July 25, 1975, 89 Stat. 289; Pub. 
            L. 101-509, 104 Stat. 1440, Nov. 5, 1990.)
       803  Sec. 2049. Loans for Senate Restaurants.
            (a) Borrowing authority
                Subject to the approval of the Senate Committee on Rules 
            and Administration, the Architect of the Capitol shall have 
            authority to borrow (and be accountable for), from time to 
            time, from the appropriation account, within the contingent 
            fund of the Senate, for ``Miscellaneous Items'', such amount 
            as he may determine necessary to carry out the provisions of 
            the joint resolution entitled ``Joint Resolution 
            transferring the management of the Senate Restaurants to the 
            Architect of the Capitol, and for other purposes'', approved 
            July 6, 1961, as amended (2 U.S.C. 2042 through 2048), and 
            resolutions of the Senate amendatory thereof or 
            supplementary thereto.
            (b) Amount and period of loan; voucher
                Any such loan authorized pursuant to subsection (a) of 
            this section shall be for such amount and for such period as 
            the Senate Committee on Rules and Administration shall 
            prescribe and shall be made by the Secretary of the Senate 
            to the Architect of the Capitol upon a voucher approved by 
            the Chairman of the Senate Committee on Rules and 
            Administration.

[[Page 634]]

            (c) Deposit, credit, and future availability of proceeds 
                from repayment
                All proceeds from the repayment of any such loan shall 
            be deposited in the appropriation account, within the 
            contingent fund of the Senate, for ``Miscellaneous Items'', 
            shall be credited to the fiscal year during which such loan 
            was made, and shall thereafter be available for the same 
            purposes for which the amount loaned was initially 
            appropriated. (Pub. L. 98-396, Title I, Sec. 101, Aug. 22, 
            1984, 98 Stat. 1395.)
            
                             Subchapter IV.--Child Care

       804  Sec. 2061. Designation of Capitol grounds as play area for 
                children of Members and employees of Senate or House of 
                Representatives.
            (a) Authority of Capitol Police Board
                Notwithstanding any other provision of law and subject 
            to the provisions of paragraph (1) of subsection (b) of this 
            section, the Capitol Police Board is authorized to designate 
            certain portions of the Capitol grounds (other than a 
            portion within the area bounded on the North by Constitution 
            Avenue, on the South by Independence Avenue, on the East by 
            First Street, and on the West by First Street) for use 
            exclusively as play areas for the benefit of children 
            attending a day care center which is established for the 
            primary purpose of providing child care for the children of 
            Members and employees of the Senate or the House of 
            Representatives.
            (b) Required approval; fences; termination of authority
                (1) In the case of any such designation referred to in 
            subsection (a) of this section involving a day care center 
            established for the benefit of children of Members and 
            employees of the Senate, the designation shall be with the 
            approval of the Senate Committee on Rules and 
            Administration, and in the case of such a center established 
            for the benefit of children of Members and employees of the 
            House of Representatives, the designation shall be with the 
            approval of the House Committee on House Oversight, with the 
            concurrence of the House Office Building Commission.
                (2) The Architect of the Capitol shall enclose with a 
            fence any area designated pursuant to subsection (a) of this 
            section as a play area.
                (3) The authority to use an area designated pursuant to 
            subsection (a) of this section as a play area may be 
            terminated at any time by the Committee which approved such 
            designation.
            (c) Playground equipment; required approval
                Nothing in this or any other Act shall be construed as 
            prohibiting any day care center referred to in subsection 
            (a) of this section from placing playground equipment within 
            an area designated pursuant to subsection (a) of this 
            section for use solely in connection with the operation of 
            such center, subject to, in the case of a day care center 
            established for the benefit of children of Members and 
            employees of the Senate, the approval of the Senate 
            Committee on Rules and Administration, and in the case of 
            such a center established for the benefit of children of 
            Members and employees of the House of Representatives, the 
            approval of the House Committee on House Oversight, with the 
            concurrence of the House Office Building Commission.

[[Page 635]]

            (d) Day care center
                The day care center referred to in S. Res. 269, Ninety-
            eighth Congress, first session, is a day care center for 
            which space may be designated under subsection (a) of this 
            section for use as a play area. (Pub. L. 98-392, Sec. 3, 
            Aug. 21, 1984, 98 Stat. 1362; Pub. L. 104-186, Title II, 
            Sec. 221(14), Aug. 20, 1996, 110 Stat. 1750.)
       805  Sec. 2063. Senate Employee Child Care Center.
            (a) Applicability of provisions
                The provisions of this section shall apply to any 
            individual who is employed by the Senate day care center 
            (known as the ``Senate Employee Child Care Center'' and 
            hereafter in this section referred to as the ``Center'') 
            established pursuant to Senate Resolution 269, Ninety-eighth 
            Congress, and section 214b of this title.
            (b) Employee election of health care insurance coverage
                Any individual described under subsection (a) of this 
            section who is employed by the Center on or after August 14, 
            1991, shall be deemed an employee under section 8901(1) of 
            title 5, for purposes of health insurance coverage under 
            chapter 89 of such title 5. An individual described under 
            subsection (a) of this section who is an employee of the 
            Center on August 14, 1991, may elect coverage under this 
            subsection during the 31-day period beginning on August 14, 
            1991, and during such periods as determined by the Office of 
            Personnel Management for employees of the Center employed 
            after such date.
            (c) Deductions and withholding from employee pay
                The Center shall make such deductions and withholdings 
            from the pay of an individual described under subsection (a) 
            of this section who is an employee of the Center in 
            accordance with subsection (d) of this section.
            (d) Employee records; amount of deductions
                The Center shall--
                            (1) maintain records on all employees 
                        covered under this section in such manner as the 
                        Secretary of the Senate may require for 
                        administrative purposes; and
                            (2) after consultation with the Secretary of 
                        the Senate--

                                (A) make deductions from the pay of 
                            employees of amounts determined in 
                            accordance with section 8906 of title 5; and

                                (B) transmit such deductions to the 
                            Secretary of the Senate for deposit and 
                            remittance to the Office of Personnel 
                            Management.

            (e) Government contributions
                Government contributions for individuals receiving 
            benefits under this section, as computed under section 8906 
            of title 5, shall be made by the Secretary of the Senate 
            from the appropriations account, within the contingent fund 
            of the Senate, ``miscellaneous items''.
            (f) Regulations
                The Office of Personnel Management may prescribe 
            regulations to carry out provisions of this section. (Pub. 
            L. 102-90, Title III, Sec. 311, Aug. 14, 1991, 105 Stat. 
            467.)

[[Page 636]]


       806  Sec. 2064. Child care center employee benefits.
            (a) Election for coverage
                The provisions of this section shall apply to any 
            individual who--
                            (1)(A) On October 6, 1992, is employed by 
                        the Senate day care center (known as the 
                        ``Senate Employee Child Care Center'') 
                        established pursuant to Senate Resolution 269, 
                        Ninety-eighth Congress, and section 2061 of this 
                        title; and
                            (B) makes an election to be covered by this 
                        section with the Secretary of the Senate, no 
                        later than 60 days after October 6, 1992; or
                            (2) is hired by the Center after October 6, 
                        1992, and makes an election to be covered by 
                        this section with the Secretary of the Senate, 
                        no later than 60 days after the date such 
                        individual begins employment.
            (b) Payment of deposit; payroll deduction
                (1) Any individual described under subsection (a) of 
            this section may be credited, under section 8411 of title 5 
            for service as an employee of the Senate day care center 
            before January 1, 1993, if such employee makes a payment of 
            the deposit under section 8411(f)(2) of such title without 
            application of the provisions of section 8411(b)(3) of such 
            title.
                (2) An individual described under subsection (a) of this 
            section shall be credited under section 8411 of title 5 for 
            any service as an employee of the Senate day care center on 
            or after October 6, 1992, if such employee has such amounts 
            deducted and withheld from his pay as determined by the 
            Office of Personnel Management (in accordance with 
            regulations prescribed by such Office subject to subsection 
            (h) of this section) which would be deducted and withheld 
            from the basic pay of an employee under section 8422 of 
            title 5.
            (c) Survivor annuities and disability benefits
                Notwithstanding any other provision of this section, any 
            service performed by an individual described under 
            subsection (a) of this section as an employee of the Senate 
            day care center is deemed to be civilian service creditable 
            under section 8411 of title 5 for purposes of qualifying for 
            survivor annuities and disability benefits under subchapters 
            IV and V of chapter 84 of such title, if such individual 
            makes payment of an amount, determined by the Office of 
            Personnel Management, which would have been deducted and 
            withheld from the basic pay of such individual if such 
            individual had been an employee subject to section 8422 of 
            title 5 for such period so credited, together with interest 
            thereon.
            (d) Participation in Thrift Savings Plan
                An individual described under subsection (a) of this 
            section shall be deemed a congressional employee for 
            purposes of chapter 84 of title 5 including subchapter III 
            thereof and may make contributions under section 8432 of 
            such title effective for the first applicable pay period 
            beginning on or after October 6, 1992.
            (e) Life insurance coverage
                An individual described under subsection (a) of this 
            section shall be deemed an employee under section 8701(a)(3) 
            of title 5 for purposes of life insurance coverage under 
            chapter 87 of such title.

[[Page 637]]

            (f) Source of contributions for benefits
                Government contributions for individuals receiving 
            benefits under this section, as computed under sections 
            8423, 8432, and 8708, shall be made by the Secretary of the 
            Senate from the appropriations account, within the 
            contingent fund of the Senate, ``Miscellaneous Items''.
            (g) Certification of creditable service
                The Office of Personnel Management shall accept the 
            certification of the Secretary of the Senate concerning 
            creditable service for the purpose of this section.
            (h) Payment to Center of amounts equal to Federal tax on 
                employers
                (1) Subject to the provisions of paragraph (2), the 
            Secretary of the Senate shall pay such amounts to the Senate 
            day care center equal to the tax on employers under section 
            3111 of the Internal Revenue Code of 1986 with respect to 
            each employee of the Senate day care center. Such payments 
            shall be made from the appropriations account, within the 
            contingent fund of the Senate, ``Miscellaneous Items''.
                (2) The Senate day care center shall provide appropriate 
            documentation to the Secretary of the Senate of payment by 
            such center of the tax described under paragraph (1), before 
            the Secretary of the Senate may pay any amount to such 
            center as provided under paragraph (1).
            (i) Administrative provisions
                The Center shall--
                            (1) consult with the Secretary of the Senate 
                        on the administration of this section;
                            (2) maintain records on all employees 
                        covered under this section in such manner as the 
                        Secretary of the Senate may require for 
                        administrative purposes;
                            (3) make deductions and withholdings from 
                        the pay of employees in the amounts determined 
                        under sections 8422, 8432, and 8707 of title 5; 
                        and
                            (4) transmit such deductions and 
                        withholdings to the Secretary of the Senate for 
                        deposit and remittance to the Office of 
                        Personnel Management.
            (j) Regulations
                The Office of Personnel Management may prescribe 
            regulations to carry out the provisions of this section. 
            (Pub. L. 102-392, Title III, Sec. 320, Oct. 6, 1992, 106 
            Stat. 1725; Pub. L. 103-50, Sec. 1203, July 2, 1993, 107 
            Stat. 268.)
       807  Sec. 2065. Reimbursement of Senate day care center 
                employees.
            (a) Cost of training classes, conferences, and related 
                expenses
                Notwithstanding section 1345 of title 31, the Secretary 
            of the Senate may reimburse any individual employed by the 
            Senate day care center for the cost of training classes and 
            conferences in connection with the provision of child care 
            services and for travel, transportation, and subsistence 
            expenses incurred in connection with the training classes 
            and conferences.

[[Page 638]]

            (b) Documentation
                The Senate day care center shall certify and provide 
            appropriate documentation to the Secretary of the Senate 
            with respect to any reimbursement under this section. 
            Reimbursements under this section shall be made from the 
            appropriations account ``MISCELLANEOUS ITEMS'' within the 
            contingent fund of the Senate on vouchers approved by the 
            Secretary of the Senate.
            (c) Regulations and limitations
                Reimbursements under this section shall be subject to 
            the regulations and limitations prescribed by the Committee 
            on Rules and Administration of the Senate for travel and 
            related expenses for which payment is authorized to be made 
            from the contingent fund of the Senate.
            (d) Effective date
                This section shall be effective on and after October 1, 
            1996.

            (Pub. L. 104-197, title I, Sec. 6, Sept. 16, 1996, 110 Stat. 
            2397.)

            
                Subchapter V.--Historical Preservation and Fine Arts

            
                    Part A--United States Preservation Commission

       808  Sec. 2081. United States Capitol Preservation Commission.
            (a) Establishment and purposes
                There is established in the Congress the United States 
            Capitol Preservation Commission (hereinafter in sections 
            2081 to 2086 of this title referred to as the 
            ``Commission'') for the purposes of----
                            (1) providing for improvements in, 
                        preservation of, and acquisitions for, the 
                        United States Capitol;
                            (2) providing for works of fine art and 
                        other property for display in the United States 
                        Capitol and at other locations under the control 
                        of the Congress; and
                            (3) conducting other activities that 
                        directly facilitate, encourage, or otherwise 
                        support any purposes specified in paragraph (1) 
                        or (2).
            (b) Membership
                The Commission shall be composed of the following 
            Members of Congress:
                            (1) The President pro tempore of the Senate 
                        and the Speaker of the House of Representatives, 
                        who shall be co-chairmen.
                            (2) The Chairman and Vice-Chairman of the 
                        Joint Committee on the Library.
                            (3) The Chairman and the ranking minority 
                        party member of the Committee on Rules and 
                        Administration of the Senate, and the Chairman 
                        and the ranking minority party member of the 
                        Committee on House Oversight of the House of 
                        Representatives.
                            (4) The majority leader and the minority 
                        leader of the Senate.
                            (5) The majority leader and the minority 
                        leader of the House of Representatives.
                            (6) The Chairman of the Commission on the 
                        Bicentennial of the United States Senate and the 
                        Chairman of the Commission of the House of 
                        Representatives Bicentenary, to be succeeded 
                        upon expiration of such commissions, by a 
                        Senator or Member of the House

[[Page 639]]

                        of Representatives, as appropriate, appointed by 
                        the Senate or House of Representatives co-
                        chairman of the Commission, respectively.
                            (7) One Senator appointed by the President 
                        pro tempore of the Senate and one Senator 
                        appointed by the minority leader of the Senate.
                            (8) One Member of the House of 
                        Representatives appointed by the Speaker of the 
                        House of Representatives and one Member of the 
                        House of Representatives appointed by the 
                        minority leader of the House of Representatives.
            (c) Designees
                Each member of the Commission specified under subsection 
            (b) of this section (other than a member under paragraph (7) 
            or (8) of such subsection) may designate a Senator or Member 
            of the House of Representatives, as the case may be, to 
            serve as a member of the Commission in place of the member 
            so specified.
            (d) Architect of the Capitol
                In addition to the members under subsection (b) of this 
            section, the Architect of the Capitol shall participate in 
            the activities of the Commission, ex officio, and without 
            the right to vote.
            (e) Staff support and assistance
                The Senate Commission on Art, the House of 
            Representatives Fine Arts Board, and the Architect of the 
            Capitol shall provide to the Commission such staff support 
            and assistance as the Commission may request.

            (Pub. L. 100-696, Title VIII, Sec. 801, Nov. 18, 1988, 102 
            Stat. 4608; Pub. L. 104-186, Title II, Sec. 221(7), Aug. 20, 
            1996, 110 Stat. 1749.)

       809  Sec. 2082. Authority of Commission to accept gifts and 
                conduct other transactions relating to works of fine art 
                and other property.
            (a) In general
                In carrying out the purposes referred to in section 
            2081(a) of this title the Commission is authorized--
                            (1) to accept gifts of works of fine art, 
                        gifts of other property, and gifts of money; and
                            (2) to acquire property, administer 
                        property, dispose of property, and conduct other 
                        transactions related to such purposes.
            (b) Transfer and disposition of works of fine art and other 
                property
                The Commission shall, with respect to works of fine art 
            and other property received by the Commission--
                            (1) in consultation with the Joint Committee 
                        on the Library, the Senate Commission on Art, or 
                        the House of Representatives Fine Arts Board, as 
                        the case may be, transfer such property to the 
                        entity consulted;
                            (2) if a transfer described in paragraph (1) 
                        is not appropriate, dispose of the work of fine 
                        art by sale or other transaction; and
                            (3) in the case of property that is not 
                        directly related to the purposes referred to in 
                        section 2081(a) of this title, dispose of such 
                        property by sale or other transaction.

[[Page 640]]

            (c) Requirements for conduct of transactions
                In conducting transactions under this section, the 
            Commission shall--
                            (1) accept money only in the form of a check 
                        or similar instrument made payable to the 
                        Treasury of the United States and shall deposit 
                        any such check or instrument in accordance with 
                        section 2083 of this title;
                            (2) in making sales and engaging in other 
                        property transactions, take into consideration 
                        market conditions and other relevant factors; 
                        and
                            (3) assure that each transaction is directly 
                        related to the purposes referred to in section 
                        2081(a) of this title. (Pub. L. 100-696, Title 
                        VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609; 
                        Pub. L. 101-302, Title III, Sec. 312(a), May 25, 
                        1990, 104 Stat. 245.)
       810  Sec. 2083. Capitol Preservation Fund.
            (a) In general
                There is established in the Treasury a fund, to be known 
            as the ``Capitol Preservation Fund'' (hereafter in sections 
            2081 to 2086 of this title referred to as the ``fund''), 
            which shall consist of (1) amounts deposited, and interest 
            and proceeds credited, under subsection (d) of this section, 
            (2) obligations obtained under subsection (e) of this 
            section, and (3) all surcharges received by the Secretary of 
            the Treasury from the sale of coins minted under the 
            Bicentennial of the United States Congress Commemorative 
            Coin Act.
            (b) Availability of fund
                The fund shall be available to the Commission--
                            (1) for payment of transaction costs and 
                        similar expenses incurred under section 2082 of 
                        this title;
                            (2) subject to the approval of the Committee 
                        on Appropriations of the House of 
                        Representatives and the Committee on 
                        Appropriations of the Senate, for improvement 
                        and preservation projects for the United States 
                        Capitol;
                            (3) for disbursement with respect to works 
                        of fine art and other property as provided in 
                        section 2082 of this title; and
                            (4) for such other payments as may be 
                        required to carry out section 2081 of this title 
                        or section 2082 of this title.
            (c) Transaction costs and proportionality
                In carrying out this section, the Commission shall, to 
            the extent practicable, take such action as may be 
            necessary--
                            (1) to minimize disbursements under 
                        subsection (b)(1) of this section; and
                            (2) to equalize disbursements under 
                        subsection (b) of this section between the 
                        Senate and the House of Representatives.
            (d) Deposits, credits, and disbursements
                The Commission shall deposit in the fund gifts of money 
            and proceeds of transactions under section 2082 of this 
            title. The Secretary of the Treasury shall credit to the 
            fund the interest on, and the proceeds from sale or 
            redemption of, obligations held in the fund. Disbursements 
            from the fund shall be made on vouchers approved by the 
            Commission and signed by the co-chairmen.

[[Page 641]]

            (e) Investments
                The Secretary of the Treasury shall invest any portion 
            of the fund that, as determined by the Commission, is not 
            required to meet current withdrawals. Each investment shall 
            be made in an interest bearing obligation of the United 
            States or an obligation guaranteed as to principal and 
            interest by the United States that, as determined by the 
            Commission has a maturity suitable for the fund. In carrying 
            out this subsection, the Secretary may make such purchases, 
            sales, and redemptions of obligations as may be approved by 
            the Commission.

            (Pub. L. 100-696, Title VIII, Sec. 803, Nov. 18, 1988, 102 
            Stat. 4609; Pub. L. 101-302, Title III, Sec. 312(b), May 25, 
            1990, 104 Stat. 245.)

       811  Sec. 2084. Audits by the Comptroller General.
                The Comptroller General shall conduct annual audits of 
            the transactions of the Commission and shall report the 
            results of each audit to the Congress. (Pub. L. 100-696, 
            Title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.)
       812  Sec. 2085. Advisory boards.
                The Commission may establish appropriate boards to 
            provide advice and assistance to the Commission and to 
            further the purposes of the Commission. The boards shall be 
            composed of members (including chairmen) who shall be 
            appointed by the Commission from public and private life and 
            shall serve at the pleasure of the Commission and each co-
            chairman of the Commission may appoint one member to any 
            such board. The members of boards under this section may be 
            reimbursed for actual and necessary expenses incurred in the 
            performance of the duties of the boards, at the discretion 
            of the Commission. (Pub. L. 100-696, Title VIII, Sec. 805, 
            Nov. 18, 1988, 102 Stat. 4610.)
       813  Sec. 2086. ``Members of the House of Representatives'' 
                defined.
                As used in sections 188a to 188a-5 of this title, the 
            term ``Member of the House of Representatives'' means a 
            Representative in, or a Delegate or Resident Commissioner 
            to, the Congress. (Pub. L. 100-696, Title VIII, Sec. 806, 
            Nov. 18, 1988, 102 Stat. 4610.)
            
                          Part B--Senate Commission on Art

       814  Sec. 2101. Senate Commission on Art.
            (a) Establishment
                There is hereby established a Senate Commission on Art 
            (hereinafter referred to as ``the Commission'') consisting 
            of the President pro tempore of the Senate, the chairman and 
            ranking minority member of the Committee on Rules and 
            Administration of the Senate, and the majority and minority 
            leaders of the Senate.
            (b) Chairman and Vice Chairman; quorum; Executive Secretary
                The Commission shall elect a Chairman and a Vice 
            Chairman at the beginning of each Congress. Three members of 
            the Commission shall constitute a quorum for the transaction 
            of business, except that the Commission may fix a lesser 
            number which shall constitute a quorum

[[Page 642]]

            for the taking of testimony. The Secretary of the Senate 
            shall be the Executive Secretary of the Commission \1\
                \1\ So in original. Probably should end with a period.
            (c) Selection of Curator of Art and Antiquities of the 
                Senate; availability of professional and clerical 
                assistance
                The Commission shall select a Curator of Art and 
            Antiquities of the Senate who shall be appointed by and be 
            an employee of the Secretary of the Senate. The Curator 
            shall serve at the pleasure of the Commission, shall perform 
            such duties as it may prescribe, and shall receive 
            compensation at a gross rate, not to exceed $22,089 per 
            annum to be fixed by the Commission. At the request of the 
            Commission the Secretary of the Senate shall detail to the 
            Commission such additional professional, clerical, and other 
            assistants as, from time to time, it deems necessary.
            (d) Hearings and meetings
                The Commission shall be empowered to hold hearings, 
            summon witnesses, administer oaths, employ reporters, 
            request the production of papers and records, take such 
            testimony, and adopt such rules for the conduct of its 
            hearings and meetings, as it deems necessary. (Pub. L. 100-
            696, Title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102 
            Stat. 4610, 4611.)
       815  Sec. 2102. Duties of Commission.
            (a) In general
                The Commission is hereby authorized and directed to 
            supervise, hold, place, protect, and make known all works of 
            art, historical objects, and exhibits within the Senate wing 
            of the United States Capitol, any Senate Office Buildings, 
            and in all rooms, spaces, and corridors thereof, which are 
            the property of the United States, and in its judgment to 
            accept any works of art, historical objects, or exhibits 
            which may hereafter be offered, given, or devised to the 
            Senate, its committees, and its officers for placement and 
            exhibition in the Senate wing of the Capitol, the Senate 
            Office Buildings, or in rooms, spaces, or corridors thereof.
            (b) Issuance and publication of regulations
                The Commission shall prescribe such regulations as it 
            deems necessary for the care, protection, and placement of 
            such works of art, exhibits, and historical objects in the 
            Senate wing of the Capitol and the Senate Office Buildings, 
            and for their acceptance on behalf of the Senate, its 
            committees, and officers. Such regulations shall be 
            published in the Congressional Record at such time or times 
            as the Commission may deem necessary for the information of 
            the Members of the Senate and the public.
            (c) Consistency of regulations
                Regulations authorized by the provisions of section 193 
            of this title to be issued by the Sergeant at Arms of the 
            Senate for the protection of the Capitol, and any 
            regulations issued, or activities undertaken, by the 
            Committee on Rules and Administration of the Senate, or the 
            Architect of the Capitol, in carrying out duties relating to 
            the care, preservation, and protection of the Senate wing of 
            the Capitol and the Senate Office Buildings, shall be 
            consistent with such rules and regula

[[Page 643]]

            tions as the Commission may issue pursuant to subsection (b) 
            of this section.
            (d) Responsibilities of Committee on Rules and 
                Administration of the Senate
                The Committee on Rules and Administration of the Senate 
            in consultation with the Architect of the Capitol and 
            consistent with regulations prescribed by the Commission 
            under subsection (b) of this section, shall have 
            responsibility for the supervision, protection, and 
            placement of all works of art, historical objects, and 
            exhibits which shall have been accepted on behalf of the 
            Senate by the Commission or acknowledged as United States 
            property by inventory of the Commission, and which may be 
            lodged in the Senate wing of the Capitol or the Senate 
            Office Building by the Commission. (Pub. L. 100-696, Title 
            IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 
            4611.)
       816  Sec. 2103. Supervision and maintenance of Old Senate 
                Chamber.
                The Commission shall have responsibility for the 
            supervision and maintenance of the Old Senate Chamber on the 
            principal floor of the Senate wing of the Capitol insofar as 
            it is to be preserved as a patriotic shrine in the Capitol 
            for the benefit of the people of the United States.

            (Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102 
            Stat. 4610.)

       817  Sec. 2104. Publication of list of works of art, historical 
                objects, and exhibits.
                The Commission shall, from time to time, but at least 
            once every ten years, publish as a Senate document a list of 
            all works of art, historical objects, and exhibits currently 
            within the Senate wing of the Capitol and the Senate Office 
            Buildings, together with their description, location, and 
            with such notes as may be pertinent to their history.

            (Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102 
            Stat. 4610.)

       818  Sec. 2105. Authorization of appropriations.
                There is hereby authorized to be appropriated out of the 
            contingent fund of the Senate for the expenses of the 
            Commission the sum of $15,000 each fiscal year, to be 
            disbursed by the Secretary of the Senate on vouchers signed 
            by the Chairman or Vice Chairman of the Commission: 
            Provided, That no payment shall be made from such 
            appropriation as salary. (Pub. L. 100-696, Title IX, 
            Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.)
       819  Sec. 2106. Additional authority for Senate Commission on Art 
                to acquire works of art, historical objects, documents, 
                or exhibits.
                (a) The Senate Commission on Art, in addition to any 
            authority conferred upon it by sections 2101 to 2105 of this 
            title, is authorized to acquire any work of art, historical 
            object, document or material relating to historical matters, 
            or exhibit for placement or exhibition in the Senate wing of 
            the Capitol, the Senate Office Buildings, or in rooms, 
            spaces, or corridors thereof.
                (b) This section shall be effective as of March 1, 1971. 
            (Pub. L. 100-696, Title IX, Sec. 901(a), (c), Nov. 18, 1988, 
            102 Stat. 4610, 4611.)

[[Page 644]]


       820  Sec. 2107. Conservation, restoration, replication, or 
                replacement of items in United States Senate Collection.
            (a) Use of moneys in Senate contingent fund
                Effective with the fiscal year ending September 30, 
            2000, and each fiscal year thereafter, subject to the 
            approval of the Committee on Appropriations of the Senate, 
            any unexpended and unobligated funds in the appropriation 
            account for the ``Secretary of the Senate'' within the 
            contingent fund of the Senate which have not been withdrawn 
            in accordance with section 102a of this title shall be 
            available for the expenses incurred, without regard to the 
            fiscal year in which incurred, for the conservation, 
            restoration, and replication or replacement, in whole or in 
            part, of items of art, fine art, and historical items within 
            the Senate wing of the United States Capitol, any Senate 
            Office Building, or any room, corridor, or other space 
            therein. In the case of replication or replacement of such 
            items, the funds available under this subsection shall be 
            available for any such items previously contained within the 
            Senate wing of the Capitol, or an item historically 
            accurate.
            (b) United States Senate Collection
                All such items of art referred to in subsection (a) of 
            this section shall be known as the ``United States 
            Collection''.
            (c) Approval of disbursements by Chairman or Executive 
                Secretary of Senate Commission on Art
                Disbursements for expenses incurred for the purposes in 
            subsection (a) of this section shall be made upon vouchers 
            approved by the Chairman of the Senate Commission on Art or 
            the Executive Secretary of the Senate Commission on Art. 
            (Pub. L. 101-302, Title III, Sec. 316, May 25, 1990, 104 
            Stat. 246; Pub. L. 101-520, Title III, Sec. 323, Nov. 5, 
            1990, 104 Stat. 2285; Pub. L. 102-90, Title III, Sec. 310, 
            Aug. 14, 1991, 105 Stat. 467; Pub. L. 102-392, Title III, 
            Sec. 312, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 104-53, 
            Sec. 311, Nov. 19, 1995, 109 Stat. 538; Pub. L. 104-197, 
            Title III, Sec. 313, Sept. 16, 1996, 110 Stat. 2415; Pub. L. 
            105-55, Title III, Sec. 309, Oct. 7, 1997, 111 Stat. 1198; 
            Pub. L. 105-275, Title III, Sec. 311, Oct. 21, 1998, 112 
            Stat. 2457, Sept. 29, 1999, Pub. L. 106-57, Sec. 309, 113 
            Stat. 427.)
            
                               Part D.--Miscellaneous

       821  Sec. 2131. National Statuary Hall.
                Suitable structures and railings shall be erected in the 
            old hall of Representatives for the reception and protection 
            of statuary, and the same shall be under the supervision and 
            direction of the Architect of the Capitol. And the President 
            is authorized to invite all the States to provide and 
            furnish statues, in marble or bronze, not exceeding two in 
            number for each State, of deceased persons who have been 
            citizens thereof, and illustrious for their historic renown 
            or for distinguished civic or military services, such as 
            each State may deem to be worthy of this national 
            commemoration; and when so furnished, the same shall be 
            placed in the old hall of the House of Representatives, in 
            the Capitol of the United States, which is set apart, or so 
            much thereof as may be necessary, as a national statuary 
            hall for the purpose indicated in this section. (R.S. 
            Sec. 1814; Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147; 
            Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)

[[Page 645]]


       822  Sec. 2133. Works of fine arts.
                The Joint Committee on the Library, whenever, in their 
            judgment, it is expedient, are authorized to accept any work 
            of the fine arts, on behalf of Congress, which may be 
            offered, and to assign the same such place in the Capitol as 
            they may deem suitable, and shall have the supervision of 
            all works of art that may be placed in the Capitol. (R.S. 
            Sec. 1831.)
                                 Location of Statues
                House Concurrent Resolution 47, passed Feb. 24, 1933, 47 
            Stat. Part 2, 1784, provided:
                ``That the Architect of the Capitol, upon the approval 
            of the Joint Committee on the Library, with the advice of 
            the Commission on Fine Arts, is hereby authorized and 
            directed to relocate within the Capitol any of the statues 
            already received and placed in Statuary Hall, and to provide 
            for the reception and location of the statues received 
            hereafter from the States.''
       823  Sec. 2134. Art exhibits.
                No work of art or manufacture other than the property of 
            the United States shall be exhibited in the National 
            Statuary Hall, the Rotunda, or the corridors of the Capitol. 
            (Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 391.)
       824  Sec. 2135. Private studios and works of art.
                No room in the Capitol shall be used for private studios 
            or works of art, without permission from the Joint Committee 
            on the Library, given in writing; and it shall be the duty 
            of the Architect of the Capitol to carry this provision into 
            effect. (Mar. 3. 1875, ch. 130, Sec. 1, 18 Stat. 376.)
            
                Subchapter VI.--Botanical Garden and National Garden

       825  Sec. 2141. Supervision of Botanical Garden.
                The supervision of the Capitol police shall extend over 
            the Botanical Garden. (R.S. Sec. 1826.)
       826  Sec. 2142. Superintendent, etc., of Botanical Garden and 
                greenhouses.
                There shall be a superintendent and assistants in the 
            Botanical Garden and greenhouses, who shall be under the 
            direction of the Joint Committee on the Library. (R.S. 
            Sec. 1827.)
       827  Sec. 2145. Restriction on use of appropriation for Botanical 
                Garden.
                On and after July 31, 1958, no part of any appropriation 
            for the Botanic Garden shall be used for the distribution, 
            by congressional allotment, of trees, plants, shrubs, or 
            other nursery stock. (July 31, 1958, Pub. L. 85-570, 
            Sec. 101, 72 Stat. 450.)
            
                    Subchapter VII.--Other Entities and Services

       828  Sec. 2161. John W. McCormack Residential Page School.
            (a) Construction authorization for dormitory and classroom 
                facilities complex
                There is hereby authorized to be constructed, on a site 
            jointly approved by the Senate Office Building Commission 
            and the House Office Building Commission, in accordance with 
            plans which shall be prepared by or

[[Page 646]]

            under the direction of the Architect of the Capitol and 
            which shall be submitted to and jointly approved by the 
            Senate Office Building Commission and the House Office 
            Building Commission, a fireproof building containing 
            dormitory and classroom facilities, including necessary 
            furnishings and equipment, for pages of the Senate, the 
            House of Representatives, and the Supreme Court of the 
            United States.
            (b) Acquisition of property in District of Columbia
                The Architect of the Capitol, under the joint direction 
            and supervision of the Senate Office Building Commission and 
            the House Office Building Commission, is authorized to 
            acquire on behalf of the United States, by purchase, 
            condemnation, transfer, or otherwise, such publicly or 
            privately owned real property in the District of Columbia 
            (including all alleys, and parts of alleys, and streets 
            within the curblines surrounding such real property) located 
            in the vicinity of the United States Capitol Grounds, as may 
            be approved jointly by the Senate Office Building Commission 
            and the House Office Building Commission, for the purpose of 
            constructing on such real property, in accordance with this 
            section, a suitable dormitory and classroom facilities 
            complex for pages of the Senate, the House of 
            Representatives, and the Supreme Court of the United States.
            (c) Condemnation proceedings
                Any proceeding for condemnation instituted under 
            subsection (b) of this section shall be conducted in 
            accordance with subchapter IV of chapter 13 of title 16 of 
            the District of Columbia Code.
            (d) Transfer of United States owned property
                Notwithstanding any other provision of law, any real 
            property owned by the United States, and any alleys, or 
            parts of alleys and streets, contained within the curblines 
            surrounding the real property acquired on behalf of the 
            United States under this section shall be transferred, upon 
            the request of the Architect of the Capitol made with the 
            joint approval of the Senate Office Building Commission and 
            the House Office Building Commission, to the jurisdiction 
            and control of the Architect of the Capitol.
            (e) Alley and street closures by Mayor of District of 
                Columbia
                Notwithstanding any other provision of law, any alleys, 
            or parts of alleys and streets, contained within the 
            curblines surrounding the real property acquired on behalf 
            of the United States under this section shall be closed and 
            vacated by the Mayor of the District of Columbia in 
            accordance with any request therefor made by the Architect 
            of the Capitol with the joint approval of the Senate Office 
            Building Commission and the House Office Building 
            Commission.
            (f) United States Capitol Grounds provisions applicable
                Upon the acquisition on behalf of the United States of 
            all real property under this section, such property shall be 
            a part of the United States Capitol Grounds and shall be 
            subject to the provisions of sections 5101 to 5109 of title 
            40 and 1961, 1966 and 1969 of this title.

[[Page 647]]

            (g) Designation; employment of services under supervision 
                and control of Architect of Capitol; joint approval and 
                direction of Speaker and President pro tempore; annual 
                estimates to Congress; regulations governing Architect 
                of Capitol
                The building constructed on the real property acquired 
            under this section shall be designated the ``John W. 
            McCormack Residential Page School''. The employment of all 
            services (other than that of the United States Capitol 
            Police) necessary for its protection, care, maintenance, and 
            use, for which appropriations are made by Congress, shall be 
            under the control and supervision of the Architect of the 
            Capitol. Such supervision and control shall be subject to 
            the joint approval and direction of the Speaker and the 
            President pro tempore. The Architect shall submit annually 
            to the Congress estimates in detail for all services, other 
            than those of the United States Capitol Police or those 
            provided in connection with the conduct of school operations 
            and the personal supervision of pages, and for all other 
            expenses in connection with the protection, care, 
            maintenance, and use of the John W. McCormack Residential 
            Page School. The Speaker and the President pro tempore shall 
            prescribe, from time to time, regulations governing the 
            Architect in the provision of services and the protection, 
            care, and maintenance, of the John W. McCormack Residential 
            Page School.
            (h) Joint appointee for supervision and control over page 
                activities; regulations; Residence Superintendent of 
                Pages; appointment, compensation, and duties; additional 
                personnel: appointment and compensation
                The Speaker of the House of Representatives and the 
            President pro tempore of the Senate jointly shall designate 
            an officer of the House and an officer of the Senate, other 
            than a Member of the House or Senate, who shall jointly 
            exercise supervision and control over the activities of the 
            pages resident in the John W. McCormack Residential Page 
            School. With the approval of the Speaker and the President 
            pro tempore, such officers so designated shall prescribe 
            regulations governing--
                            (1) the actual use and occupancy of the John 
                        W. McCormack Residential Page School including, 
                        if necessary, the imposition of a curfew for 
                        pages;
                            (2) the conduct of pages generally; and
                            (3) other matters pertaining to the 
                        supervision, direction, safety, and well-being 
                        of pages in off-duty hours.

            Such officers, subject to the approval of the Speaker and 
            the President pro tempore, jointly shall appoint and fix the 
            per annum gross rate of pay of a Residence Superintendent of 
            Pages, who shall perform such duties with respect to the 
            supervision of pages resident therein as those officials 
            shall prescribe. In addition, such officers, subject to the 
            approval of the Speaker and the President pro tempore, 
            jointly shall appoint and fix the per annum gross rates of 
            pay of such additional personnel as may be necessary to 
            assist those officers and the Residence Superintendent of 
            Pages in carrying out their functions under this section.

            (i) Sections 88(a) and 88(b) of title 2 unaffected
                Nothing in section 88b-1 of title 2 and this section 
            shall affect the operation of section 88b of title 2, 
            relating to educational facilities of pages and other minors 
            who are congressional employees. (Oct. 26, 1970, Pub. L. 91-
            510, Sec. 492, 84 Stat. 1199; Dec. 24, 1973, Pub. L. 93-198,

[[Page 648]]

            Sec. 421, 87 Stat. 789; Aug. 20, 1996, Pub. L. 104-186, 
            Title II, Sec. 204(34)(c), 110 Stat. 1734.)
               Acquisition of Property as an Addition to the Capitol 
                                       Grounds
                To enable the Architect of the Capitol to acquire on 
            behalf of the United States, as an addition to the United 
            States Capitol Grounds, by purchase, condemnation, transfer, 
            or otherwise, all publicly or privately owned property 
            contained in square 764 in the District of Columbia, and all 
            alleys or parts of alleys contained within the curblines 
            surrounding such square, as such square appears on the 
            records in the office of the surveyor of the District of 
            Columbia as of the date of the approval of this Act: 
            Provided,  That any proceeding for condemnation brought 
            under this paragraph shall be conducted in accordance with 
            the Act of December 23, 1963 (16 D.C. Code, secs. 1351-
            1368): Provided further, That for the purposes of this 
            paragraph, square 764 shall be deemed to extend to the outer 
            face of the curbs surrounding such square: Provided further, 
            That notwithstanding any other provision of law, any real 
            property owned by the United States and any public alleys or 
            parts of alleys and streets contained within the curblines 
            surrounding such square shall, upon request of the Architect 
            of the Capitol, be transferred to the jurisdiction and 
            control of the Architect of the Capitol without 
            reimbursement or transfer of funds, and any alleys or parts 
            of alleys or streets contained within the curblines of said 
            square shall be closed and vacated by the Commissioner of 
            the District of Columbia, appointed pursuant to part III of 
            Reorganization Plan numbered 3 of 1967, in accordance with 
            any request therfor made by the Architect of the Capitol: 
            Provided further, That, upon acquisition of such real 
            property pursuant to this paragraph, the Architect of the 
            Capitol is authorized to use such property as a green park 
            area, pending its development for permanent use as the site 
            of the John W. McCormack Residential Page School, subject to 
            the approval of the Senate Office Building Commission and 
            the House Office Building Commission: Provided further, That 
            the jurisdiction of the Capitol Police shall extend over any 
            real property acquired under this paragraph and such 
            property shall become a part of the United States Capitol 
            Grounds and be subject to the provisions of sections 193a-
            193m, 212a, and 212b of title 40, United States Code: 
            Provided further, That the Architect of the Capitol, under 
            the direction of the Senate Office Building Commission and 
            the House Office Building Commission, is authorized and 
            directed to enter into such contracts, incur such 
            obligations, and make such expenditures, including 
            expenditures for personal and other services, as may be 
            necessary to carry out the provisions of this paragraph; 
            $1,450,000, to remain available until expended. (Oct. 31, 
            1972, Pub. L. 92-607, 86 Stat. 1512.)
       829  Sec. 2163. Capitol Grounds shuttle service; purchase, etc., 
                of vehicles.
                Funds appropriated for the Capitol Grounds after October 
            1, 1976, shall be available for the purchase or rental, 
            maintenance and operation of passenger motor vehicles to 
            provide shuttle service for Members and employees of 
            Congress to and from the buildings in the Legislative group. 
            (Pub. L. 94-440, Title VI, Sec. 601, Oct. 1, 1976, 90 Stat. 
            1453.)

       830  Sec. 2165. Capitol educational and information center and 
                information and distribution stations; operation 
                agreements.
                Notwithstanding any other provision of law, the 
            Architect of the Capitol, in consultation with the House 
            Office Building Commission and the Senate Office Building 
            Commission, is hereby authorized and directed to provide 
            adequate space and facilities in the Capitol Building for an 
            educational and informational center and information and 
            distribution stations to afford visitors to the Capitol 
            Building an opportunity to acquire (1) information relative 
            to Congressional offices, (2) assistance relative to their 
            visit to the Capitol, (3) pamphlets, books, drawings, slides 
            and photographs, and related materials, and (4) information 
            about the Capitol and the history of the Capitol Building 
            and past and present Congresses. All materials distributed 
            by such edu

[[Page 649]]

            cational and informational center and such stations shall 
            first be approved by the Architect of the Capitol, after 
            consultation with the House Committee on House Oversight of 
            the House of Representatives, the Senate Committee on Rules 
            and Administration, the United States Capitol Historical 
            Society, and such other educational and historical groups as 
            the Architect of the Capitol deems appropriate. The 
            Architect of the Capitol is hereby authorized to enter into 
            such agreements as may be reasonably necessary to operate 
            such educational and informational center and stations. 
            (Mar. 12, 1968, Pub. L. 90-264, Sec. 301, 82 Stat. 46; Aug. 
            20, 1996, Pub. L. 104-186, Title II, Sec. 221(16), 110 Stat. 
            1750.)
       831  Sec. 2166. Capitol Guide Service.

  

            (a) Establishment; designation; Supervision of Capitol Guide 
                Board; membership of Board
                There is hereby established an organization under the 
            Congress of the United States, to be designated the 
            ``Capitol Guide Service'', which shall be subject to the 
            direction, supervision, and control of a Capitol Guide Board 
            consisting of the Architect of the Capitol, the Sergeant at 
            Arms of the Senate, and the Sergeant at Arms of the House of 
            Representatives.
            (b) Guided tours; regulations
                The Capitol Guide Service is authorized and directed to 
            provide guided tours of the interior of the United States 
            Capitol Building for the education and enlightenment of the 
            general public, without charge for such tours. All such 
            tours shall be conducted in compliance with regulations 
            prescribed by the Capitol Guide Board.
            (c) Duties of Capitol Guide Board; positions of guide in 
                Capitol Guide Service; establishment and revision; 
                Chief, Deputy Chief, and Assistant Chief Guide and 
                Guides: appointment, duties, pay and termination of 
                employment
                The Capitol Guide Board is authorized--
                            (1) with the prior approval of the Committee 
                        on Rules and Administration of the Senate and 
                        the Committee on House Oversight of the House of 
                        Representatives, to establish and revise such 
                        number of positions of Guide in the Capitol 
                        Guide Service as the Board considers necessary 
                        to carry out effectively the activities of the 
                        Capitol Guide Service;
                            (2) to appoint, on a permanent basis, 
                        without regard to political affiliation, and 
                        solely on the basis of fitness to perform their 
                        duties, a Chief Guide, a Deputy Chief Guide, and 
                        an Assistant Chief Guide, and, in addition, such 
                        number of Guides as may be authorized under 
                        subparagraph (1) of this subsection;
                            (3) to prescribe their duties and 
                        responsibilities;
                            (4) with the prior approval of the Committee 
                        on Rules and Administration of the Senate and 
                        the Committee on House Oversight of the House of 
                        Representatives, to fix, and adjust from time to 
                        time, their respective rates of pay at single 
                        per annum (gross) rates; and
                            (5) to terminate their employment as the 
                        Board considers appropriate.

[[Page 650]]

            (d) Uniforms
                The Capitol Guide Board shall--
                            (1) prescribe a uniform dress, including 
                        appropriate insignia, which shall be worn by 
                        personnel of the Capitol Guide Service when on 
                        duty; and
                            (2) from time to time, as may be necessary, 
                        procure and furnish such uniforms to such 
                        personnel without charge to such personnel.
            (e) Acceptance of fees; prohibition
                An employee of the Capitol Guide Service shall not 
            charge or accept any fee, or accept any gratuity, for or on 
            account of his official services.
            (f) Personnel detail
                The Capitol Guide Board may detail personnel of the 
            Capitol Guide Service to assist the United States Capitol 
            Police by providing ushering and informational services, and 
            other services not directly involving law enforcement, in 
            connection with the inauguration of the President and Vice 
            President of the United States, the official reception of 
            representatives of foreign nations and other persons by the 
            Senate or House of Representatives, and other special or 
            ceremonial occasions in the United States Capitol Building 
            or on the United States Capitol Grounds which require the 
            presence of additional Government personnel and which cause 
            the temporary suspension of the performance of the regular 
            duties of the Capitol Guide Service.
            (g) Historical and educational information
                The Capitol Guide Board may receive and consider advice 
            and information from any private historical or educational 
            organization, association, or society with respect to those 
            operations of the Capitol Guide Service which involve the 
            furnishing of historical and educational information to the 
            general public.
            (h) Regulations for operation of service
                With the prior approval of the Committee on Rules and 
            Administration of the Senate and the Committee on House 
            Administration of the House of Representatives, the Capitol 
            Guide Board shall prescribe such regulations as the Board 
            considers necessary and appropriate for the operation of the 
            Capitol Guide Service.
            (i) Disciplinary action
                The Capitol Guide Board may take appropriate 
            disciplinary action, including, when circumstances warrant, 
            suspension from duty without pay, reduction in pay, 
            demotion, or removal from employment with the Capitol Guide 
            Service, against any employee who violates any provision of 
            this section or any regulation prescribed by the Board 
            pursuant to this section.
            (j) Volunteers
                (1) Notwithstanding section 1342 of title 31, the 
            Capitol Guide Service is authorized to accept voluntary 
            personal services.
                (2) No person shall be permitted to donate personal 
            services under this subsection unless the person has first 
            agreed, in writing, to waive any claim against the United 
            States arising out of or in connection with such services, 
            other than a claim under chapter 81 of title 5.

[[Page 651]]

                (3) No person donating personal services under this 
            section shall be considered an employee of the United States 
            for any purposes other than for purposes of chapter 81 of 
            title 5.
                (4) In no case shall the acceptance of personal services 
            under this section result in the reduction of pay or 
            displacement of any employee of the Capitol Guide Service.

            (As amended Pub. L. 104-186, Title II, Sec. 221(17), Aug. 
            20, 1996, 110 Stat. 1750; Pub. L. 104-279, Oct. 9, 1996, 110 
            Stat. 3358.)

            
                           Subchapter VIII.--Miscellaneous

       832  Sec. 2181. Assignment of space for meetings of joint 
                committees, conference committees, etc.
                The President pro tempore of the Senate and the Speaker 
            of the House of Representatives shall cause a survey to be 
            made of available space within the Capitol which could be 
            utilized for joint committee meetings, meetings of 
            conference committees, and other meetings, requiring the 
            attendance of both Senators and Members of the House of 
            Representatives; and shall recommend the reassignment of 
            such space to accommodate such meetings. (Aug. 2, 1946, ch. 
            753, Sec. 242, 60 Stat. 839.)
       833  Sec. 2183. Protection of buildings and property.
                The Sergeants at Arms of the Senate and of the House of 
            Representatives are authorized to make such regulations as 
            they may deem necessary for preserving the peace and 
            securing the Capitol from defacement, and for the protection 
            of the public property therein, and they shall have power to 
            arrest and detain any person violating such regulations, 
            until such person can be brought before the proper 
            authorities for trial. (R.S. Sec. 1820.)
            Cross References
                Policing of Capitol building and grounds, see section 
            1961 of this title.
       834  Sec. 2184. Purchase of furniture or carpets for House or 
                Senate.
                No furniture or carpets for either House shall be 
            purchased without the written order of the chairman of the 
            Committee on Rules and Administration, for the Senate, or 
            without the written order of the chairman of the Committee 
            on House Oversight of the House of Representatives, for the 
            House of Representatives. (R.S. Sec. 1816; Aug. 2, 1946, ch. 
            753, Sec. Sec. 102, 121, 224, 60 Stat. 814, 822, 838; Aug. 
            20, 1996, Pub. L. 104-186, Title II, Sec. 221(2), 110 Stat. 
            1748.)
                               3 u.s.c.--the president

                  general and permanent laws relating to the senate


[[Page 652]]


 
                               TITLE 3.--THE PRESIDENT

            
                  Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES

       850  Sec. 1. Time of appointing electors.
                The electors of President and Vice President shall be 
            appointed, in each State, on the Tuesday next after the 
            first Monday in November, in every fourth year succeeding 
            every election of a President and Vice President. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 672.)
       851  Sec. 2. Failure to make choice on prescribed day.
                Whenever any State has held an election for the purpose 
            of choosing electors, and has failed to make a choice on the 
            day prescribed by law, the electors may be appointed on a 
            subsequent day in such a manner as the legislature of such 
            State may direct. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 
            672.)
       852  Sec. 3. Number of electors.
                The number of electors shall be equal to the number of 
            Senators and Representatives to which the several States are 
            by law entitled at the time when the President and Vice 
            President to be chosen come into office; except, that where 
            no apportionment of Representatives has been made after any 
            enumeration, at the time of choosing electors, the number of 
            electors shall be according to the then existing 
            apportionment of Senators and Representatives. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 672.)
       853  Sec. 4. Vacancies in electoral college.
                Each State may, by law, provide for the filling of any 
            vacancies which may occur in its college of electors when 
            such college meets to give its electoral vote. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 673.)
       854  Sec. 5. Determination of controversy as to appointment of 
                electors.
                If any State shall have provided, by laws enacted prior 
            to the day fixed for the appointment of the electors, for 
            its final determination of any controversy or contest 
            concerning the appointment of all or any of the electors of 
            such State, by judicial or other methods or procedures, and 
            such determination shall have been made at least six days 
            before the time fixed for the meeting of the electors, such 
            determination made pursuant to such law so existing on said 
            day, and made at least six days prior to said time of 
            meeting of the electors, shall be conclusive, and shall 
            govern in the counting of the electoral votes as provided in 
            the Constitution, and as hereinafter regulated, so far as 
            the ascertainment of the electors appointed by such State is 
            concerned. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 673.)
       855  Sec. 6. Credentials of electors; transmission to Archivist 
                of the United States and to Congress; public inspection.
                It shall be the duty of the executive of each State, as 
            soon as practicable after the conclusion of the appointment 
            of the electors in such State by the final ascertainment, 
            under and in pursuance of the laws

[[Page 653]]

            of such State providing for such ascertainment, to 
            communicate by registered mail under the seal of the State 
            to the Archivist of the United States, a certificate of such 
            ascertainment of the electors appointed, setting forth the 
            names of such electors and the canvass or other 
            ascertainment under the laws of such State of the number of 
            votes given or cast for each person for whose appointment 
            any and all votes have been given or cast; and it shall also 
            thereupon be the duty of the executive of each State to 
            deliver to the electors of such State, on or before the day 
            on which they are required by section 7 of this title to 
            meet, six duplicate-originals of the same certificate under 
            the seal of the State; and if there shall have been any 
            final determination in a State in the manner provided for by 
            law of a controversy or contest concerning the appointment 
            of all or any of the electors of such State, it shall be the 
            duty of the executive of such State, as soon as practicable 
            after such determination, to communicate under the seal of 
            the State to the Archivist of the United States, a 
            certificate of such determination in form and manner as the 
            same shall have been made; and the certificate or 
            certificates so received by the Archivist of the United 
            States, shall be preserved by him for one year and shall be 
            a part of the public records of his office and shall be open 
            to public inspection; and the Archivist of the United 
            States, at the first meeting of Congress thereafter shall 
            transmit to the two Houses of Congress copies in full of 
            each and every such certificate so received at the National 
            Archives and Records Administration. (June 25, 1948, ch. 
            644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat. 
            711; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1), 
            (2)(A), 98 Stat. 2291.)
       856  Sec. 7. Meeting and vote of electors.
                The electors of President and Vice President of each 
            State shall meet and give their votes on the first Monday 
            after the second Wednesday in December next following their 
            appointment at such place in each State as the legislature 
            of such State shall direct. (June 25, 1948, ch. 644, Sec. 1, 
            62 Stat. 673.)
       857  Sec. 8. Manner of voting.
                The electors shall vote for President and Vice 
            President, respectively, in the manner directed by the 
            Constitution. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 
            674.)
       858  Sec. 9. Certificates of votes for President and Vice 
                President.
                The electors shall make and sign six certificates of all 
            the votes given by them, each of which certificates shall 
            contain two distinct lists, one of the votes for President 
            and the other of the votes for Vice President, and shall 
            annex to each of the certificates one of the lists of the 
            electors which shall have been furnished to them by 
            direction of the executive of the State. (June 25, 1948, ch. 
            644, Sec. 1, 62 Stat. 674.)
       859  Sec. 10. Sealing and endorsing certificates.
                The electors shall seal up the certificates so made by 
            them, and certify upon each that the lists of all the votes 
            of such States given for President, and of all the votes 
            given for Vice President, are contained therein. (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 674.)

[[Page 654]]


       860  Sec. 11. Disposition of certificates.
                The electors shall dispose of the certificates so made 
            by them and the lists attached thereto in the following 
            manner:
                First. They shall forthwith forward by registered mail 
            one of the same to the President of the Senate at the seat 
            of government.
                Second. Two of the same shall be delivered to the 
            secretary of state of the State, one of which shall be held 
            subject to the order of the President of the Senate, the 
            other to be preserved by him for one year and shall be a 
            part of the public records of his office and shall be open 
            to public inspection.
                Third. On the day thereafter they shall forward by 
            registered mail two of such certificates and lists to the 
            Archivist of the United States at the seat of government, 
            one of which shall be held subject to the order of the 
            President of the Senate. The other shall be preserved by the 
            Archivist of the United States for one year and shall be a 
            part of the public records of his office and shall be open 
            to public inspection.
                Fourth. They shall forthwith cause the other of the 
            certificates and lists to be delivered to the judge of the 
            district in which the electors shall have assembled. (Oct. 
            31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984, Pub. 
            L. 98-497, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
       861  Sec. 12. Failure of certificates of electors to reach 
                President of Senate or Archivist of the United States; 
                demand on State for certificate.
                When no certificate of vote and list mentioned in 
            sections 9 and 11 of this title from any State shall have 
            been received by the President of the Senate or by the 
            Archivist of the United States by the fourth Wednesday in 
            December, after the meeting of the electors shall have been 
            held, the President of the Senate or, if he be absent from 
            the seat of government, the Archivist of the United States 
            shall request, by the most expeditious method available, the 
            secretary of state of the State to send up the certificate 
            and list lodged with him by the electors of such State; and 
            it shall be his duty upon receipt of such request 
            immediately to transmit same by registered mail to the 
            President of the Senate at the seat of government. (Oct. 31, 
            1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub. L. 
            98-497, Title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.)
       862  Sec. 13. Same; demand on district judge for certificate.
                When no certificates of votes from any State shall have 
            been received at the seat of government on the fourth 
            Wednesday in December, after the meeting of the electors 
            shall have been held, the President of the Senate or, if he 
            be absent from the seat of government, the Archivist of the 
            United States shall send a special messenger to the district 
            judge in whose custody one certificate of votes from the 
            State has been lodged, and such judge shall forthwith 
            transmit that list by the hand of such messenger to the seat 
            of government. (Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat. 
            712; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1), 
            98 Stat. 2291.)
       863  Sec. 14. Forfeiture for messenger's neglect of duty.
                Every person who, having been appointed, pursuant to 
            section 13 of this title, to deliver the certificates of the 
            votes of the electors to the President of the Senate, and 
            having accepted such appointment,

[[Page 655]]

            shall neglect to perform the services required from him, 
            shall forfeit the sum of $1,000.  (June 25, 1948, ch. 644, 
            Sec. 1, 62 Stat. 675.)
       864  Sec. 15. Counting electoral votes in Congress.
                Congress shall be in session on the sixth day of January 
            succeeding every meeting of the electors. The Senate and 
            House of Representatives shall meet in the Hall of the House 
            of Representatives at the hour of 1 o'clock in the afternoon 
            on that day, and the President of the Senate shall be their 
            presiding officer. Two tellers shall be previously appointed 
            on the part of the Senate and two on the part of the House 
            of Representatives, to whom shall be handed, as they are 
            opened by the President of the Senate, all the certificates 
            and papers purporting to be certificates of the electoral 
            votes, which certificates and papers shall be opened, 
            presented, and acted upon in the alphabetical order of the 
            States, beginning with the letter A; and said tellers, 
            having then read the same in the presence and hearing of the 
            two Houses, shall make a list of the votes as they shall 
            appear from the said certificates; and the votes having been 
            ascertained and counted according to the rules in this 
            subchapter provided, the result of the same shall be 
            delivered to the President of the Senate, who shall 
            thereupon announce the state of the vote, which announcement 
            shall be deemed a sufficient declaration of the persons, if 
            any, elected President and Vice President of the United 
            States, and, together with a list of the votes, be entered 
            on the Journals of the two Houses. Upon such reading of any 
            such certificate or paper, the President of the Senate shall 
            call for objections, if any. Every objection shall be made 
            in writing, and shall state clearly and concisely, and 
            without argument, the ground thereof, and shall be signed by 
            at least one Senator and one Member of the House of 
            Representatives before the same shall be received. When all 
            objections so made to any vote or paper from a State shall 
            have been received and read, the Senate shall thereupon 
            withdraw, and such objections shall be submitted to the 
            Senate for its decision; and the Speaker of the House of 
            Representatives shall, in like manner, submit such 
            objections to the House of Representatives for its decision; 
            and no electoral vote or votes from any State which shall 
            have been regularly given by electors whose appointment has 
            been lawfully certified to according to section 6 of this 
            title from which but one return has been received shall be 
            rejected, but the two Houses concurrently may reject the 
            vote or votes when they agree that such vote or votes have 
            not been so regularly given by electors whose appointment 
            has been so certified. If more than one return or paper 
            purporting to be a return from a State shall have been 
            received by the President of the Senate, those votes, and 
            those only, shall be counted which shall have been regularly 
            given by the electors who are shown by the determination 
            mentioned in section 5 of this title to have been appointed, 
            if the determination in said section provided for shall have 
            been made, or by such successors or substitutes, in case of 
            a vacancy in the board of electors so ascertained, as have 
            been appointed to fill such vacancy in the mode provided by 
            the laws of the State; but in case there shall arise the 
            question which of two or more of such State authorities 
            determining what electors have been appointed, as mentioned 
            in section 5 of this title, is the lawful tribunal of such 
            State, the votes regularly given of those electors, and 
            those only, of such State shall be counted whose title as 
            electors the two Houses, acting separately, shall 
            concurrently

[[Page 656]]

            decide is supported by the decision of such State so 
            authorized by its law; and in such case of more than one 
            return or paper purporting to be a return from a State, if 
            there shall have been no such determination of the question 
            in the State aforesaid, then those votes, and those only, 
            shall be counted which the two Houses shall concurrently 
            decide were cast by lawful electors appointed in accordance 
            with the laws of the State, unless the two Houses, acting 
            separately, shall concurrently decide such votes not to be 
            the lawful votes of the legally appointed electors of such 
            State. But if the two Houses shall disagree in respect of 
            the counting of such votes, then, and in that case, the 
            votes of the electors whose appointment shall have been 
            certified by the executive of the State, under the seal 
            thereof, shall be counted. When the two Houses have voted, 
            they shall immediately again meet, and the presiding officer 
            shall then announce the decision of the questions submitted. 
            No votes or papers from any other State shall be acted upon 
            until the objections previously made to the votes or papers 
            from any State shall have been finally disposed of.  (June 
            25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
       865  Sec. 16. Same; seats for officers and Members of two Houses 
                in joint meeting.
                At such joint meeting of the two Houses seats shall be 
            provided as follows: For the President of the Senate, the 
            Speaker's chair; for the Speaker, immediately upon his left; 
            the Senators, in the body of the Hall upon the right of the 
            presiding officer; for the Representatives, in the body of 
            the Hall not provided for the Senators; for the tellers, 
            Secretary of the Senate, and Clerk of the House of 
            Representatives, at the Clerk's desk; for the other officers 
            of the two Houses, in front of the Clerk's desk and upon 
            each side of the Speaker's platform. Such joint meeting 
            shall not be dissolved until the count of electoral votes 
            shall be completed and the result declared; and no recess 
            shall be taken unless a question shall have arisen in regard 
            to counting any such votes, or otherwise under this 
            subchapter, in which case it shall be competent for either 
            House, acting separately, in the manner hereinbefore 
            provided, to direct a recess of such House not beyond the 
            next calendar day, Sunday excepted, at the hour of 10 
            o'clock in the forenoon. But if the counting of the 
            electoral votes and the declaration of the result shall not 
            have been completed before the fifth calendar day next after 
            such first meeting of the two Houses, no further or other 
            recess shall be taken by either House.  (June 25, 1948, ch. 
            644, Sec. 1, 62 Stat. 676.)
       866  Sec. 17. Same; limit of debate in each House.
                When the two Houses separate to decide upon an objection 
            that may have been made to the counting of any electoral 
            vote or votes from any State, or other question arising in 
            the matter, each Senator and Representative may speak to 
            such objection or question five minutes, and not more than 
            once; but after such debate shall have lasted two hours it 
            shall be the duty of the presiding officer of each House to 
            put the main question without further debate.  (June 25, 
            1948, ch. 644, Sec. 1, 62 Stat. 676.)

[[Page 657]]


       867  Sec. 18. Same; parliamentary procedure at joint meeting.
                While the two Houses shall be in meeting as provided in 
            this chapter, the President of the Senate shall have power 
            to preserve order; and no debate shall be allowed and no 
            question shall be put by the presiding officer except to 
            either House on a motion to withdraw.  (Sept. 3, 1954, ch. 
            1263, Sec. 3, 68 Stat. 1227.)
       868  Sec. 19. Vacancy in offices of both President and Vice 
                President; officers eligible to act.
                (a)(1) If, by reason of death, resignation, removal from 
            office, inability, or failure to qualify, there is neither a 
            President nor Vice President to discharge the powers and 
            duties of the office of President, then the Speaker of the 
            House of Representatives shall, upon his resignation as 
            Speaker and as Representative in Congress, act as President.
                (2) The same rule shall apply in the case of the death, 
            resignation, removal from office, or inability of an 
            individual acting as President under this subsection.
                (b) If, at the time when under subsection (a) of this 
            section a Speaker is to begin the discharge of the powers 
            and duties of the office of President, there is no Speaker, 
            or the Speaker fails to qualify as Acting President, then 
            the President pro tempore of the Senate shall, upon his 
            resignation as President pro tempore and as Senator, act as 
            President.
                (c) An individual acting as President under subsection 
            (a) or subsection (b) of this section shall continue to act 
            until the expiration of the then current Presidential term, 
            except that--
                            (1) if his discharge of the powers and 
                        duties of the office is founded in whole or in 
                        part on the failure of both the President-elect 
                        and the Vice-President-elect to qualify, then he 
                        shall act only until a President or Vice 
                        President qualifies; and
                            (2) if his discharge of the powers and 
                        duties of the office is founded in whole or in 
                        part on the inability of the President or Vice 
                        President, then he shall act only until the 
                        removal of the disability of one of such 
                        individuals.
                (d)(1) If, by reason of death, resignation, removal from 
            office, inability, or failure to qualify, there is no 
            President pro tempore to act as President under subsection 
            (b) of this section, then the officer of the United States 
            who is highest on the following list, and who is not under 
            disability to discharge the powers and duties of the office 
            of President shall act as President: Secretary of State, 
            Secretary of the Treasury, Secretary of Defense, Attorney 
            General, Secretary of the Interior, Secretary of 
            Agriculture, Secretary of Commerce, Secretary of Labor, 
            Secretary of Health and Human Services, Secretary of Housing 
            and Urban Development, Secretary of Transportation, 
            Secretary of Energy, Secretary of Education, Secretary of 
            Veterans' Affairs.
                (2) An individual acting as President under this 
            subsection shall continue to do so until the expiration of 
            the then current Presidential term, but not after a 
            qualified and prior-entitled individual is able to act, 
            except that the removal of the disability of an individual 
            higher on the list contained in paragraph (1) of this 
            subsection or the ability to qualify on the part of an 
            individual higher on such list shall not terminate his 
            service.

[[Page 658]]

                (3) The taking of the oath of office by an individual 
            specified in the list in paragraph (1) of this subsection 
            shall be held to constitute his resignation from the office 
            by virtue of the holding of which he qualifies to act as 
            President.
                (e) Subsections (a), (b), and (d) of this section shall 
            apply only to such officers as are eligible to the office of 
            President under the Constitution. Subsection (d) of this 
            section shall apply only to officers appointed, by and with 
            the advice and consent of the Senate, prior to the time of 
            the death, resignation, removal from office, inability, or 
            failure to qualify, of the President pro tempore, and only 
            to officers not under impeachment by the House of 
            Representatives at the time the powers and duties of the 
            office of President devolve upon them.
                (f) During the period that any individual acts as 
            President under this section, his compensation shall be at 
            the rate then provided by law in the case of the President.  
            (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9, 
            1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15, 
            1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12, 
            1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977, 
            Pub. L. 95-91, Title VII, Sec. 709(g), 91 Stat. 609; Oct. 
            17, 1979, Pub. L. 96-88, Title V, Sec. 508(a), 93 Stat. 692; 
            Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.)
       869  Sec. 20. Resignation or refusal of office.
                The only evidence of a refusal to accept, or of a 
            resignation of the office of President or Vice President, 
            shall be an instrument in writing, declaring the same, and 
            subscribed by the person refusing to accept or resigning, as 
            the case may be, and delivered into the office of the 
            Secretary of State.  (June 25, 1948, ch. 644, Sec. 1, 62 
            Stat. 678.)
       870  Sec. 21. Definitions.
                As used in this chapter the term--
                            (a) ``State'' includes the District of 
                        Columbia.
                            (b) ``executives of each State'' includes 
                        the Board of Commissioners of the District of 
                        Columbia. (Oct. 4, 1961, Pub. L. 87-389, 
                        Sec. 2(a), 75 Stat. 820.)

            
                  Chapter 2.--OFFICE AND COMPENSATION OF PRESIDENT

       871  Sec. 101. Commencement of term of office.
                The term of four years for which a President and Vice 
            President shall be elected, shall, in all cases, commence on 
            the 20th day of January next succeeding the day on which the 
            votes of the electors have been given. (June 25, 1948, ch. 
            644, Sec. 1, 62 Stat. 678.)
       872  Sec. 104. Salary of the Vice President.
                (a) The per annum rate of salary of the Vice President 
            of the United States shall be the rate determined for such 
            position under chapter 11 of title 2, as adjusted under this 
            section. Subject to subsection (b), effective at the 
            beginning of the first month in which an adjustment takes 
            effect under section 5303 of title 5 in the rates of pay 
            under the General Schedule, the salary of the Vice President 
            shall be adjusted by an amount, rounded to the nearest 
            multiple of $100 (or if midway between multiples of $100, to 
            the nearest higher multiple of $100), equal to the 
            percentage of such per annum rate which corresponds to the 
            most recent percentage change in the ECI (relative to the 
            date

[[Page 659]]

            described in the next sentence), as determined under section 
            704(a)(1) of the Ethics Reform Act of 1989. The appropriate 
            date under this sentence is the first day of the fiscal year 
            in which such adjustment in the rates of pay under the 
            General Schedule takes effect.
                (b) In no event shall the percentage adjustment taking 
            effect under the second and third sentences of subsection 
            (a) in any calendar year (before rounding) exceed the 
            percentage adjustment taking effect in such calendar year 
            under section 5303 of title 5 in the rates of pay under the 
            General Schedule. (June 25, 1948, ch. 644, 62 Stat. 678; 
            Jan. 19, 1949, ch. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955, 
            ch. 9, Sec. 4(c), 69 Stat. 11; Pub. L. 88-426, Title III, 
            Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91-67, 
            Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94-82, Title 
            II, Sec. 203, Aug. 9, 1975, 89 Stat. 420; Pub. L. 97-257, 
            Title I, Sec. 105(b), Sept. 10, 1982, 96 Stat. 849; Pub. L. 
            101-194, Title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 103 
            Stat. 1769; Pub. L. 101-509, Title V, Sec. 529 (Title I, 
            Sec. 101(b)(4)(I)), Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. 
            L. 103-356, Title I, Sec. 101(2), Oct. 13, 1994, 108 Stat. 
            3410.)
       873  Sec. 111. Expense allowance of Vice President.
                There shall be paid to the Vice President in equal 
            monthly installments an expense allowance of $10,000 per 
            annum to assist in defraying expenses relating to or 
            resulting from the discharge of his official duties, for 
            which no accounting, other than for income tax purposes, 
            shall be made by him. (Jan. 19, 1949 ch. 2, Sec. 1(c), 63 
            Stat. 4; Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570.)

                               4 u.s.c.--flag and seal

                  general and permanent laws relating to the senate


[[Page 660]]


 
             TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

            
                               Chapter 4.--THE STATES

       875  Sec. 113. Residence of Members of Congress for State income 
                tax laws.
                (a) No State, or political subdivision thereof, in which 
            a Member of Congress maintains a place of abode for purposes 
            of attending sessions of Congress may, for purposes of any 
            income tax (as defined in section 110(c) of this title) 
            levied by such State or political subdivision thereof--
                            (1) treat such Member as a resident or 
                        domiciliary of such State or political 
                        subdivision thereof; or
                            (2) treat any compensation paid by the 
                        United States to such Member as income for 
                        services performed within, or from sources 
                        within, such State or political subdivision 
                        thereof,

            unless such Member represents such State or a district in 
            such State.

                (b) For purposes of subsection (a)--
                            (1) the term ``Member of Congress'' includes 
                        the delegates from the District of Columbia, 
                        Guam, and the Virgin Islands, and the Resident 
                        Commissioner from Puerto Rico; and
                            (2) the term ``State'' includes the District 
                        of Columbia.

            (Dec. 22, 1987, Pub. L. 100-202, Sec. 106, 101 Stat. 1329-
            433.)
                           5 u.s.c.--executive departments

                  general and permanent laws relating to the senate



[[Page 661]]


 
                   TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES

            
                Chapter 8.--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

       880  Sec. 801. Congressional review.
                (a)(1)(A) Before a rule can take effect, the Federal 
            agency promulgating such rule shall submit to each House of 
            the Congress and the Comptroller General a report 
            containing--
                            (i) a copy of the rule;
                            (ii) a concise general statement relating to 
                        the rule, including whether it is a major rule; 
                        and
                            (iii) the proposed effective date of the 
                        rule.
                (B) On the date of the submission of the report under 
            subparagraph (A), the Federal agency promulgating the rule 
            shall submit to the Comptroller General and make available 
            to each House of Congress--
                            (i) a complete copy of the cost-benefit 
                        analysis of the rule, if any;
                            (ii) the agency's actions relevant to 
                        sections 603, 604, 605, 607, and 609;
                            (iii) the agency's actions relevant to 
                        sections 202, 203, 204, and 205 of the Unfunded 
                        Mandates Reform Act of 1995; and
                            (iv) any other relevant information or 
                        requirements under any other Act and any 
                        relevant Executive orders.
                (C) Upon receipt of a report submitted under 
            subparagraph (A), each House shall provide copies of the 
            report to the chairman and ranking member of each standing 
            committee with jurisdiction under the rules of the House of 
            Representatives or the Senate to report a bill to amend the 
            provision of law under which the rule is issued.
                (2)(A) The Comptroller General shall provide a report on 
            each major rule to the committees of jurisdiction in each 
            House of the Congress by the end of 15 calendar days after 
            the submission or publication date as provided in section 
            802(b)(2). The report of the Comptroller General shall 
            include an assessment of the agency's compliance with 
            procedural steps required by paragraph (1)(B).
                (B) Federal agencies shall cooperate with the 
            Comptroller General by providing information relevant to the 
            Comptroller General's report under subparagraph (A).
                (3) A major rule relating to a report submitted under 
            paragraph (1) shall take effect on the latest of--
                            (A) the later of the date occurring 60 days 
                        after the date on which--

                                (i) the Congress receives the report 
                            submitted under paragraph (1); or

                                (ii) the rule is published in the 
                            Federal Register, if so published;

[[Page 662]]

                            (B) if the Congress passes a joint 
                        resolution of disapproval described in section 
                        802 relating to the rule, and the President 
                        signs a veto of such resolution, the earlier 
                        date--

                                (i) on which either House of Congress 
                            votes and fails to override the veto of the 
                            President; or

                                (ii) occurring 30 session days after the 
                            date on which the Congress received the veto 
                            and objections of the President; or

                            (C) the date of rule would have otherwise 
                        taken effect, if not for this section (unless a 
                        joint resolution of disapproval under section 
                        802 is enacted).
                (4) Except for a major rule, a rule shall take effect as 
            otherwise provided by law after submission to Congress under 
            paragraph (1).
                (5) Notwithstanding paragraph (3), the effective date of 
            a rule shall not be delayed by operation of this chapter 
            beyond the date on which either House of Congress votes to 
            reject a joint resolution of disapproval under section 802.
                (b)(1) A rule shall not take effect (or continue), if 
            the Congress enacts a joint resolution of disapproval, 
            described under section 802, of the rule.
                (2) A rule that does not take effect (or does not 
            continue) under paragraph (1) may not be reissued in 
            substantially the same form, and a new rule that is 
            substantially the same as such a rule may not be issued, 
            unless the reissued or new rule is specifically authorized 
            by a law enacted after the date of the joint resolution 
            disapproving the original rule.
                (c)(1) Notwithstanding any other provision of this 
            section (except subject to paragraph (3)), a rule that would 
            not take effect by reason of subsection (a)(3) may take 
            effect, if the President makes a determination under 
            paragraph (2) and submits written notice of such 
            determination to the Congress.
                (2) Paragraph (1) applies to a determination made by the 
            President by Executive order that the rule should take 
            effect because such rule is--
                            (A) necessary because of an imminent threat 
                        to health or safety or other emergency;
                            (B) necessary for the enforcement of 
                        criminal laws;
                            (C) necessary for national security; or
                            (D) issued pursuant to any statute 
                        implementing an international trade agreement.
                (3) An exercise by the President of the authority under 
            this subsection shall have no effect on the procedures under 
            section 802 or the effect of a joint resolution of 
            disapproval under this section.
                (d)(1) In addition to the opportunity for review 
            otherwise provided under this chapter, in the case of any 
            rule for which a report was submitted in accordance with 
            subsection (a)(1)(A) during the period beginning on the date 
            occurring--
                            (A) in the case of the Senate; 60 session 
                        days, or
                            (B) in the case of the House of 
                        Representatives; 60 legislative days,

            before the date the Congress adjourns a session of Congress 
            through the date on which the same or succeeding Congress 
            first convenes its next session, section 802 shall apply to 
            such rule in the succeeding session of Congress.

[[Page 663]]

                (2)(A) In applying section 802 for purposes of such 
            additional review, a rule described under paragraph (1) 
            shall be treated as though--
                            (i) such rule were published in the Federal 
                        Register (as a rule that shall take effect) on--

                                (I) in the case of the Senate, the 15th 
                            session day, or

                                (II) in the case of the House of 
                            Representatives, the 15th legislative day, 
                            after the succeeding session of Congress 
                            first convenes; and

                            (ii) a report on such rule were submitted to 
                        Congress under subsection (a)(1) on such date.
                (B) Nothing in this paragraph shall be construed to 
            affect the requirement under subsection (a)(1) that a report 
            shall be submitted to Congress before a rule can take 
            effect.
                (3) A rule described under paragraph (1) shall take 
            effect as otherwise provided by law (including other 
            subsections of this section).
                (e)(1) For purposes of this subsection, section 802 
            shall also apply to any major rule promulgated between March 
            1, 1996, and the date of the enactment of this chapter.
                (2) In applying section 802 for purposes of 
            Congressional review, a rule described under paragraph (1) 
            shall be treated as though--
                            (A) such rule were published in the Federal 
                        Register on the date of enactment of this 
                        chapter; and
                            (B) a report on such rule were submitted to 
                        Congress under subsection (a)(1) on such date.
                (3) The effectiveness of a rule described under 
            paragraph (1) shall be as otherwise provided by law, unless 
            the rule is made of no force or effect under section 802.
                (f) Any rule that takes effect and later is made of no 
            force or effect by enactment of a joint resolution under 
            section 802 shall be treated as though such rule had never 
            taken effect.
                (g) If the Congress does not enact a joint resolution of 
            disapproval under section 802 respecting a rule, no court or 
            agency may infer any intent of the Congress from any action 
            or inaction of the Congress with regard to such rule, 
            related statute, or joint resolution of disapproval.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 868.)

       881  Sec. 802. Congressional disapproval procedure.
                (a) For purposes of this section, the term ``joint 
            resolution'' means only a joint resolution introduced in the 
            period beginning on the date on which the report referred to 
            in section 801(a)(1)(A) is received by Congress and ending 
            60 days thereafter (excluding days either House of Congress 
            is adjourned for more than 3 days during a session of 
            Congress), the matter after the resolving clause of which is 
            as follows: ``That Congress disapproves the rule submitted 
            by the _____ relating to _____, and such rule shall have no 
            force or effect.'' (The blank spaces being appropriately 
            filled in).
                (b)(1) A joint resolution described in subsection (a) 
            shall be referred to the committees in each House of 
            Congress with jurisdiction.
                (2) For purposes of this section, the term ``submission 
            or publication date'' means the later of the date on which--
                            (A) the Congress receives the report 
                        submitted under section 801(a)(1); or
                            (B) the rule is published in the Federal 
                        Register, if so published.

[[Page 664]]

                (c) In the Senate, if the committee to which is referred 
            a joint resolution described in subsection (a) has not 
            reported such joint resolution (or an identical joint 
            resolution) at the end of 20 calendar days after the 
            submission or publication date defined under subsection 
            (b)(2), such committee may be discharged from further 
            consideration of such joint resolution upon a petition 
            supported in writing by 30 Members of the Senate, and such 
            joint resolution shall be placed on the calendar.
                (d)(1) In the Senate, when the committee to which a 
            joint resolution is referred has reported, or when a 
            committee is discharged (under subsection (c)) from further 
            consideration of a joint resolution described in subsection 
            (a), it is at any time thereafter in order (even though a 
            previous motion to the same effect has been disagreed to) 
            for a motion to proceed to the consideration of the joint 
            resolution, and all points of order against the joint 
            resolution (and against consideration of the joint 
            resolution) are waived. The motion is not subject to 
            amendment, or to a motion to postpone, or to a motion to 
            proceed to the consideration of other business. A motion to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to shall not be in order. If a motion to proceed 
            to the consideration of the joint resolution is agreed to, 
            the joint resolution shall remain the unfinished business of 
            the Senate until disposed of.
                (2) In the Senate, debate on the joint resolution, and 
            on all debatable motions and appeals in connection 
            therewith, shall be limited to not more than 10 hours, which 
            shall be divided equally between those favoring and those 
            opposing the joint resolution. A motion further to limit 
            debate is in order and not debatable. An amendment to, or a 
            motion to postpone, or a motion to proceed to the 
            consideration of other business, or a motion to recommit the 
            joint resolution is not in order.
                (3) In the Senate, immediately following the conclusion 
            of the debate on a joint resolution described in subsection 
            (a), and a single quorum call at the conclusion of the 
            debate if requested in accordance with the rules of the 
            Senate, the vote on final passage of the joint resolution 
            shall occur.
                (4) Appeals from the decisions of the Chair relating to 
            the application of the rules of the Senate to the procedure 
            relating to a joint resolution described in subsection (a) 
            shall be decided without debate.
                (e) In the Senate the procedure specified in subsection 
            (c) or (d) shall not apply to the consideration of a joint 
            resolution respecting a rule--
                            (1) after the expiration of the 60 session 
                        days beginning with the applicable submission or 
                        publication date, or
                            (2) if the report under section 801(a)(1)(A) 
                        was submitted during the period referred to in 
                        section 801(d)(1), after the expiration of the 
                        60 session days beginning on the 15th session 
                        day after the succeeding session of Congress 
                        first convenes.
                (f) If, before the passage by one House of a joint 
            resolution of that House described in subsection (a), that 
            House receives from the other House a joint resolution 
            described in subsection (a), then the following procedures 
            shall apply:
                            (1) The joint resolution of the other House 
                        shall not be referred to a committee.
                            (2) With respect to a joint resolution 
                        described in subsection (a) of the House 
                        receiving the joint resolution--

[[Page 665]]

                                (A) the procedure in that House shall be 
                            the same as if no joint resolution had been 
                            received from the other House; but

                                (B) the vote on final passage shall be 
                            on the joint resolution of the other House.

                (g) This section is enacted by Congress--
                            (1) as an exercise of the rulemaking power 
                        of the Senate and House of Representatives, 
                        respectively, and as such it is deemed a part of 
                        the rules of each House, respectively, but 
                        applicable only with respect to the procedure to 
                        be followed in that House in the case of a joint 
                        resolution described in subsection (a), and it 
                        supersedes other rules only to the extent that 
                        it is inconsistent with such rules; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 871.)

       882  Sec. 803. Special rule on statutory, regulatory, and 
                judicial deadlines.
                (a) In the case of any deadline for, relating to, or 
            involving any rule which does not take effect (or the 
            effectiveness of which is terminated) because of enactment 
            of a joint resolution under section 802, that deadline is 
            extended until the date 1 year after the date of enactment 
            of the joint resolution. Nothing in this subsection shall be 
            construed to affect a deadline merely by reason of the 
            postponement of a rule's effective date under section 
            801(a).
                (b) The term ``deadline'' means any date certain for 
            fulfilling any obligation or exercising any authority 
            established by or under any Federal statute or regulation, 
            or by or under any court order implementing any Federal 
            statute or regulation.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 873.)

       883  Sec. 804. Definitions.
                For purposes of this chapter--
                            (1) The term ``Federal agency'' means any 
                        agency as that term is defined in section 
                        551(1).
                            (2) The term ``major rule'' means any rule 
                        that the Administrator of the Office of 
                        Information and Regulatory Affairs of the Office 
                        of Management and Budget finds has resulted in 
                        or is likely to result in--

                                (A) an annual effect on the economy of 
                            $100,000,000 or more;

                                (B) a major increase in costs or prices 
                            for consumers, individual industries, 
                            Federal, State, or local government 
                            agencies, or geographic regions; or

                                (C) significant adverse effects on 
                            competition, employment, investment, 
                            productivity, innovation, or on the ability 
                            of United States-based enterprises to 
                            compete with foreign-based enterprises in 
                            domestic and export markets.

            The term does not include any rule promulgated under the 
            Telecommunications Act of 1996 and the amendments made by 
            that Act.

                            (3) The term ``rule'' has the meaning given 
                        such term in section 551, except that such term 
                        does not include--

[[Page 666]]

                                (A) any rule of particular 
                            applicability, including a rule that 
                            approves or prescribes for the future rates, 
                            wages, prices, services, or allowances 
                            therefor, corporate or financial structures, 
                            reorganizations, mergers, or acquisitions 
                            thereof, or accounting practices or 
                            disclosures bearing on any of the foregoing; 
                            thereof, or accounting practices or 
                            disclosures bearing on any of the foregoing;

                                (B) any rule relating to agency 
                            management or personnel; or

                                (C) any rule of agency organization, 
                            procedure, or practice that does not 
                            substantially affect the rights or 
                            obligations of non-agency parties.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 873.)

       884  Sec. 805. Judicial review.
                No determination, finding, action, or omission under 
            this chapter shall be subject to judicial review.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 873.)

       885  Sec. 806. Applicability; severability.
                (a) This chapter shall apply notwithstanding any other 
            provisions of law.
                (b) If any provision of this chapter or the application 
            of any provision of this chapter to any person or 
            circumstance, is held invalid, the application of such 
            provision to other persons or circumstances, and the 
            remainder of this chapter, shall not be affected thereby.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 873.)

       886  Sec. 807. Exemption for monetary policy.
                Nothing in this chapter shall apply to rules that 
            concern monetary policy proposed or implemented by the Board 
            of Governors of the Federal Reserve System or the Federal 
            Open Market Committee.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 874.)

       887  Sec. 808. Effective date of certain rules.
                Notwithstanding section 801--
                            (1) any rule that establishes, modifies, 
                        opens, closes, or conducts a regulatory program 
                        for a commercial, recreational, or subsistence 
                        activity related to hunting, fishing, or 
                        camping, or
                            (2) any rule which an agency for good cause 
                        finds (and incorporates the finding and a brief 
                        statement of reasons therefor in the rule 
                        issued) that notice and public procedure thereon 
                        are impracticable, unnecessary, or contrary to 
                        the public interest,

            shall take effect at such time as the Federal agency 
            promulgating the rule determines.

            (Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996, 
            110 Stat. 874.)

[[Page 667]]



            
                Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS

            
                   Subchapter I.--Commissions, Oaths, and Records

       890  Sec. 2905. Oath; renewal.\1\
                \1\ For text of oath to be taken by employees of the 
                Senate and House of Representatives, see section 3331 of 
                title 5, United States Code (not included herein).

                                    * * * * * * *

                (b) An individual who, on appointment, as an employee of 
            a House of Congress, subscribed to the oath of office 
            required by section 3331 of this title is not required to 
            renew the oath so long as his service as an employee of that 
            House of Congress is continuous. (Sept. 6, 1966, Pub. L. 89-
            554, 80 Stat. 412.)
            
                               Subchapter II.--Reports

       891  Sec. 2954. Information to committees of Congress on request.
                An Executive agency, on request of the Committee on 
            Government Operations of the House of Representatives, or of 
            any seven members thereof, or on request of the Committee on 
            Governmental Affairs of the Senate, or any five members 
            thereof, shall submit any information requested of it 
            relating to any matter within the jurisdiction of the 
            committee. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 413; 
            Nov. 2, 1994, Pub. L. 103-437, Sec. 3(b), 108 Stat. 4581.)

            
                        Chapter 31.--AUTHORITY FOR EMPLOYMENT

       892  Sec. 3110. Employment of relatives; restrictions.
                (a) For the purpose of this section--
                            (1) ``agency'' means--

                                (A) an Executive agency;

                                (B) an office, agency, or other 
                            establishment in the legislative branch;

                                (C) an office, agency, or other 
                            establishment in the judicial branch; and

                                (D) the government of the District of 
                            Columbia;

                            (2) ``public official'' means an officer 
                        (including the President and a Member of 
                        Congress), a member of the uniformed service, 
                        and employee and any other individual, in whom 
                        is vested the authority by law, rule, or 
                        regulation, or to whom the authority has been 
                        delegated, to appoint, employ, promote, or 
                        advance individuals, or to recommend individuals 
                        for appointment, employment, promotion, or 
                        advancement, in connection with employment in an 
                        agency; and
                            (3) ``relative'' means, with respect to a 
                        public official, an individual who is related to 
                        the public official as father, mother, son, 
                        daughter, brother, sister, uncle, aunt, first 
                        cousin, nephew, niece, husband, wife, father-in-
                        law, mother-in-law, son-in-law, daughter-in-law, 
                        brother-in-law, sister-in-law, stepfather, 
                        stepmother, stepson, stepdaughter, stepbrother, 
                        stepsister, half brother, or half sister.
                (b) A public official may not appoint, employ, promote, 
            advance, or advocate for appointment, employment, promotion, 
            or advancement, in or to a civilian position in the agency 
            in which he is serving or over

[[Page 668]]

            which he exercises jurisdiction or control any individual 
            who is a relative of the public official. An individual may 
            not be appointed, employed, promoted, or advanced in or to a 
            civilian position in an agency if such appointment, 
            employment, promotion, or advancement has been advocated by 
            a public official, serving in or exercising jurisdiction or 
            control over the agency, who is a relative of the 
            individual.
                (c) An individual appointed, employed, promoted, or 
            advanced in violation of this section is not entitled to 
            pay, and money may not be paid from the Treasury as pay to 
            an individual so appointed, employed, promoted, or advanced.
                (d) The Office of Personnel Management may prescribe 
            regulations authorizing the temporary employment, in the 
            event of emergencies resulting from natural disasters or 
            similar unforeseen events or circumstances, of individuals 
            whose employment would otherwise be prohibited by this 
            section.
                (e) This section shall not be construed to prohibit the 
            appointment of an individual who is a preference eligible in 
            any case in which the passing over of that individual on a 
            certificate of eligibles furnished under section 3317(a) of 
            this title will result in the selection for appointment of 
            an individual who is not a preference eligible. (Dec. 16, 
            1967, Pub. L. 90-206, Sec. 221(a), 81 Stat. 640; Oct. 13, 
            1978, Pub. L. 95-454, Sec. 906(a)(2), 92 Stat. 1224.)

            
                 Chapter 33.--EXAMINATION, SELECTION, AND PLACEMENT

            
                           Subchapter II.--Oath of Office

       893  Sec. 3333. Employee affidavit; loyalty and striking against 
                the Government.
                (a) Except as provided by subsection (b) of this 
            section, an individual who accepts office or employment in 
            the Government of the United States or in the government of 
            the District of Columbia shall execute an affidavit within 
            60 days after accepting the office or employment that his 
            acceptance and holding of the office or employment does not 
            or will not violate section 7311 of this title. The 
            affidavit is prima facie evidence that the acceptance and 
            holding of office or employment by the affiant does not or 
            will not violate section 7311 of this title.
                (b) An affidavit is not required from an individual 
            employed by the Government of the United States or the 
            government of the District of Columbia for less than 60 days 
            for sudden emergency work involving the loss of human life 
            or the destruction of property. This subsection does not 
            relieve an individual from liability for violation of 
            section 7311 of this title. (Sept. 6, 1966, Pub. L. 89-554, 
            80 Stat. 424.)

            
                           Chapter 55.--PAY ADMINISTRATION

            
                          Subchapter I.--General Provisions

       894  Sec. 5503. Recess appointments.\1\
                (a) Payment for services may not be made from the 
            Treasury of the United States to an individual appointed 
            during a recess of the Senate

[[Page 669]]

            to fill a vacancy in an existing office, if the vacancy 
            existed while the Senate was in session and was by law 
            required to be filled by and with the advice and consent of 
            the Senate, until the appointee has been confirmed by the 
            Senate. This subsection does not apply--
                \1\ For proceedings on nominations see rule XXXI of the 
                Standing Rules of the Senate (Senate Manual section 31).
                            (1) if the vacancy arose within 30 days 
                        before the end of the session of the Senate;
                            (2) if, at the end of the session, a 
                        nomination for the office, other than the 
                        nomination of an individual appointed during the 
                        preceding recess of the Senate, was pending 
                        before the Senate for its advice and consent; or
                            (3) if a nomination for the office was 
                        rejected by the Senate within 30 days before the 
                        end of the session and an individual other than 
                        the one whose nomination was rejected thereafter 
                        receives a recess appointment.
                (b) A nomination to fill a vacancy referred to by 
            paragraph (1), (2), or (3) of subsection (a) of this section 
            shall be submitted to the Senate not later than 40 days 
            after the beginning of the next session of the Senate. 
            (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 475.)
            
                    Subchapter IV.--Dual Pay and Dual Employment

       895  Sec. 5531. Definitions.
                For the purpose of section 5533 of this title--
                (1) ``member'' has the meaning given such term by 
            section 101(23) of title 37;
                (2) ``position'' means a civilian office or position 
            (including a temporary, part-time, or intermittent 
            position), appointive or elective, in the legislative, 
            executive, or judicial branch of the Government of the 
            United States (including a Government corporation and a 
            nonappropriated fund instrumentality under the jurisdiction 
            of the armed forces) or in the government of the District of 
            Columbia;
                (3) ``retired or retainer pay'' means retired pay, as 
            defined in section 8311(3) of this title, determined without 
            regard to subparagraphs (B) through (D) of such section 
            8311(3); except that such term does not include an annuity 
            payable to an eligible beneficiary of a member or former 
            member of a uniformed service under chapter 73 of title 10;
                (4) ``agency in the legislative branch'' means the 
            General Accounting Office, the Government Printing Office, 
            the Library of Congress, the Office of Technology 
            Assessment, the Office of the Architect of the Capitol, the 
            United States Botanic Garden, and the Congressional Budget 
            Office;
                (5) ``employee of the House of Representatives'' means a 
            congressional employee whose pay is disbursed by the Chief 
            Administrative Officer of the House of Representatives;
                (6) ``employee of the Senate'' means a congressional 
            employee whose pay is disbursed by the Secretary of the 
            Senate; and
                (7) ``congressional employee'' has the meaning given 
            that term by section 2107 of this title, excluding an 
            employee of an agency in the legislative branch. (Dec. 5, 
            1991; Pub. L. 102-290; 105 Stat. 1391; Pub. L. 104-186, 
            Title II, Sec. 215(6), Aug. 20, 1996, 110 Stat. 1745; Pub. 
            L. 106-398, Sec. 1, Oct. 30, 2000, 114 Stat. 1654, 1654A-
            293.)

[[Page 670]]


       896  Sec. 5532. Repealed. Pub. L. 106-65, Title VI, 
                Sec. 651(a)(1), Oct. 5, 1999, 113 Stat. 664.

                                    * * * * * * *

       897  Sec. 5533. Dual pay from more than one position; 
                limitations; exceptions.

                                    * * * * * * *

                (c)(1) Unless otherwise authorized by law and except as 
            otherwise provided by paragraph (2) or (4) of this 
            subsection, appropriated funds are not available for payment 
            to an individual of pay from more than one position if the 
            pay of one of the positions is paid by the Secretary of the 
            Senate or the Chief Administrative Officer of the House of 
            Representatives, or one of the positions is under the Office 
            of the Architect of the Capitol, and if the aggregate gross 
            pay from the positions exceeds $7,724 a year ($10,540,\1\ in 
            the case of pay disbursed by the Secretary of the Senate).
                \1\ Effective January 1, 2002, for individuals whose pay 
                is disbursed by the Secretary of the Senate, the figure 
                is ``$26,329''. (Dec. 20, 2001, Order of the President 
                pro tempore, pursuant to Act Jan. 8, 1971, Pub. L. 91-
                656, Sec. 4, 84 Stat. 1952.)
                (2) Notwithstanding paragraph (1) of this subsection, 
            appropriated funds are not available for payment to an 
            individual of pay from more than one position, for each of 
            which the pay is disbursed by the Chief Administrative 
            Officer of the House of Representatives, if the aggregate 
            gross pay from those positions exceeds the maximum per annum 
            gross rate of pay authorized to be paid to an employee out 
            of the clerk hire allowance of a Member of the House.
                (3) For the purposes of this subsection, ``gross pay'' 
            means the annual rate of pay (or equivalent thereof in the 
            case of an individual paid on other than an annual basis) 
            received by an individual.
                (4) Paragraph (1) of this subsection does not apply to 
            pay on a when-actually-employed basis received from more 
            than one consultant or expert position if the pay is not 
            received for the same day. (Sept. 6, 1966, Pub. L. 89-554, 
            80 Stat. 483; July 28, 1967, Pub. L. 90-57, Sec. 105(h), 81 
            Stat. 143; Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o), 81 
            Stat. 637; June 12, 1968, Order of President pro tempore, 
            Cong. Rec. Vol. 114, p. S7074 (June 12, 1968, daily ed.), 
            pursuant to Act Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o), 
            81 Stat. 637; Oct. 26, 1970, Pub. L. 91-510, Sec. 477, 84 
            Stat. 1195; Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat. 
            532; Oct. 1, 1976, Pub. L. 94-440, Sec. 103, 90 Stat. 1443; 
            Pub. L. 95-454, Title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 
            Stat. 1224; Pub. L. 96-70, Title III, Sec. 3302(e)(8), Sept. 
            27, 1979, 93 Stat. 498; Pub. L. 104-186, Title II, 
            Sec. 215(7), Aug. 20, 1996, 110 Stat. 1745.)

            
                Chapter 57.--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

       898  Sec. 5702. Per diem; employees traveling on official 
                business.
                (a)(1) Under regulations prescribed pursuant to section 
            5707 of this title, an employee when traveling on official 
            business away from the employee's designated post of duty, 
            or away from the employee's home or regular place of 
            business (if the employee is described in section 5703 of 
            this title), is entitled to any one of the following:

[[Page 671]]

                            (A) a per diem allowance at a rate not to 
                        exceed that established by the Administrator of 
                        General Services for travel within the 
                        continental United States, and by the President 
                        or his designee for travel outside the 
                        continental United States;
                            (B) reimbursement for the actual and 
                        necessary expenses of official travel not to 
                        exceed an amount established by the 
                        Administrator for travel within the continental 
                        United States or an amount established by the 
                        President or his designee for travel outside the 
                        continental United States; or
                            (C) a combination of payments described in 
                        subparagraphs (A) and (B) of this paragraph.
                (2) Any per diem allowance or maximum amount of 
            reimbursement shall be established to the extent feasible, 
            by locality.
                (3) For travel consuming less than a full day, the 
            payment prescribed by regulation shall be allocated in such 
            manner as the Administrator may prescribe.
                (b)(1) Under regulations prescribed under section 5707 
            of this title, an employee who is described in subsection 
            (a) of this section and who abandons the travel assignment 
            prior to its completion--
                            (A) because of an incapacitating illness or 
                        injury which is not due to the employee's own 
                        misconduct is entitled to reimbursement for 
                        expenses of transportation to the employee's 
                        designated post of duty, or home or regular 
                        place of business, as the case may be, and to 
                        payments pursuant to subsection (a) of this 
                        section until that location is reached; or
                            (B) because of a personal emergency 
                        situation (such as serious illness, injury, or 
                        death of a member of the employee's family, or 
                        an emergency situation such as fire, flood, or 
                        act of God), may be allowed, with the approval 
                        of an appropriate official of the agency 
                        concerned, reimbursement for expenses of 
                        transportation to the employee's designated post 
                        of duty, or home or regular place of business, 
                        as the case may be, and payments pursuant to 
                        subsection (a) of this section until that 
                        location is reached.
                (2)(A) Under regulations prescribed pursuant to section 
            5707 of this title, an employee who is described in 
            subsection (a) of this section and who, with the approval of 
            an appropriate official of the agency concerned, interrupts 
            the travel assignment prior to its completion for a reason 
            specified in subparagraph (A) or (B) of paragraph (1) of 
            this subsection, may be allowed (subject to the limitation 
            provided in subparagraph (B) of this paragraph)--
                            (i) reimbursement for expenses of 
                        transportation to the location where necessary 
                        medical services are provided or the emergency 
                        situation exists,
                            (ii) payments pursuant to subsection (a) of 
                        this section until that location is reached, and
                            (iii) such reimbursement and payments for 
                        return to such assignment.
                (B) The reimbursement which an employee may be allowed 
            pursuant to subparagraph (A) of this paragraph shall be the 
            employee's actual costs of transportation to the location 
            where necessary medical services are provided or the 
            emergency exists, and return to assignment from such 
            location, less the costs of transportation which the 
            employee would have incurred had such travel begun and ended 
            at the employee's des

[[Page 672]]

            ignated post of duty or home or regular place of business, 
            as the case may be. The payments which an employee may be 
            allowed pursuant to subparagraph (A) of this paragraph shall 
            be based on the additional time (if any) which was required 
            for the employee's transportation as a consequence of the 
            transportation's having begun and ended at a location on the 
            travel assignment (rather than at the employee's designated 
            post of duty, or home or regular place of business, as the 
            case may be).
                (3) Subject to the limitations contained in regulations 
            prescribed pursuant to section 5707 of this title, an 
            employee who is described in subsection (a) of this section 
            and who interrupts the travel assignment prior to its 
            completion because of an incapacitating illness or injury 
            which is not due to the employee's own misconduct is 
            entitled to payments pursuant to subsection (a) of this 
            section at the location where the interruption occurred.
                (c) This section does not apply to a justice or judge, 
            except to the extent provided by section 456 of title 28. 
            (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 498; Nov. 10, 1969, 
            Pub. L. 91-114, Sec. 1, 83 Stat. 190; May 19, 1975, Pub. L. 
            94-22, Sec. 3, 89 Stat. 84; Aug. 14, 1979, Pub. L. 96-54, 
            Sec. 2(a)(36), 93 Stat. 383; Sept. 10, 1980, Pub. L. 96-346, 
            Sec. 1, 94 Stat. 1148; Pub. L. 99-234, Sec. 102, Jan. 2, 
            1986, 99 Stat. 1756; Pub. L. 102-378, Sec. 2(47), Oct. 2, 
            1992, 106 Stat. 1353.)
       899  Sec. 5704. Mileage and related allowances.
                (a)(1) Under regulations prescribed under section 5707 
            of this title, an employee who is engaged on official 
            business for the Government is entitled to a rate per mile 
            established by the Administrator of General Services, 
            instead of the actual expenses of transportation, for the 
            use of a privately owned automobile when that mode of 
            transportation is authorized or approved as more 
            advantageous to the Government. In any year in which the 
            Internal Revenue Service establishes a single standard 
            mileage rate for optional use by taxpayers in computing the 
            deductible costs of operating their automobiles for business 
            purposes, the rate per mile established by the Administrator 
            shall not exceed the single standard mileage rate 
            established by the Internal Revenue Service.
                (2) Under regulations prescribed under section 5707 of 
            this title, an employee who is engaged on official business 
            for the Government is entitled to a rate per mile 
            established by the Administrator of General Services, 
            instead of the actual expenses of transportation, for the 
            use of privately owned airplane or a privately owned 
            motorcycle when that mode of transportation is authorized or 
            approved as more advantageous to the Government.
                (b) A determination that travel by a privately owned 
            vehicle is more advantageous to the Government is not 
            required under subsection (a) of this section when payment 
            on a mileage basis is limited to the cost of travel by 
            common carrier including per diem.
                (c) Notwithstanding the provisions of subsections (a) 
            and (b) of this section, in any case in which an employee 
            who is engaged on official business for the Government 
            chooses to use a privately owned vehicle in lieu of a 
            Government vehicle, payment on a mileage basis is limited to 
            the cost of travel by a Government vehicle.
                (d) In addition to the rate per mile authorized under 
            subsection (a) of this section, the employee may be 
            reimbursed for--

[[Page 673]]

                            (1) parking fees;
                            (2) ferry fees;
                            (3) bridge, road, and tunnel costs; and
                            (4) airplane landing and tie-down fees.

            (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 499; May 19, 1975, 
            Pub. L. 94-22, Sec. 5, 89 Stat. 85; Sept. 10, 1980, Pub. L. 
            96-346, Sec. 2, 94 Stat. 1148; Sept. 30, 1994, Pub. L. 103-
            329, Title VI, Sec. 634(a), 108 Stat. 2428.)

       900  Sec. 5706. Allowable travel expenses.
                Except as otherwise permitted by this subchapter or by 
            statutes relating to members of the uniformed services, only 
            actual and necessary travel expenses may be allowed to an 
            individual holding employment or appointment under the 
            United States. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 
            500.)
       901  Sec. 5708. Effect on other statutes.
                This subchapter does not modify or repeal--

                                    * * * * * * *

                                (2) any statute providing for mileage 
                            allowances for Members of Congress;

                                (3) any statute fixing or permitting 
                            rates higher than the maximum rates 
                            established under this subchapter; or

                                (4) any appropriation statute item for 
                            examination of estimates in the field. 
                            (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 
                            500.)

       902  Sec. 5742. Transportation of remains, dependents, and 
                effects; death occurring away from official station or 
                abroad.
                (a) For the purpose of this section, ``agency'' means--

                                    * * * * * * *

                            (3) an agency in the legislative branch; and 
                        . . . .
                (b) When an employee dies, the head of the agency 
            concerned, under the regulations prescribed by the President 
            and, except as otherwise provided by law, may pay from 
            appropriations available for the activity in which the 
            employee was engaged--
                            (1) the expense of preparing and 
                        transporting the remains to the home or official 
                        station of the employee, or such other place 
                        appropriate for interment as is determined by 
                        the head of the agency concerned, if death 
                        occurred while the employee was in a travel 
                        status away from his official station in the 
                        United States or while performing official 
                        duties outside the continental United States or 
                        in transit thereto or therefrom;
                            (2) the expense of transporting his 
                        dependents, including expenses of packing, 
                        crating, draying, and transporting household 
                        effects and other personal property to his 
                        former home or such other place as is determined 
                        by the head of the agency concerned, if death 
                        occurred while the employee was performing 
                        official duties outside the continental United 
                        States or in transit thereto or therefrom; and
                            (3) the travel expenses of not more than 2 
                        persons to escort the remains of a deceased 
                        employee, if death occurred while the employee 
                        was in travel status away from his official 
                        station in the

[[Page 674]]

                        United States or while performing official 
                        duties outside the United States or in transit 
                        thereto or therefrom, from the place of death to 
                        the home or official station of such person, or 
                        such other place appropriate for interment as is 
                        determined by the head of the agency concerned.

            (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 507; Pub. L. 101-
            510; Sec. 1206(d), Nov. 5, 1990, 104 Stat. 1661; Pub. L. 
            105-277, Oct. 21, 1998, 112 Stat. 2681-210.)

            
                   Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT

            
                       Subchapter II.--Employment Limitations

       903  Sec. 7311. Loyalty and striking.
                An individual may not accept or hold a position in the 
            Government of the United States or the government of the 
            District of Columbia if he--
                            (1) advocates the overthrow of our 
                        constitutional form of government;
                            (2) is a member of an organization that he 
                        knows advocates the overthrow of our 
                        constitutional form of government;
                            (3) participates in a strike, or asserts the 
                        right to strike, against the Government of the 
                        United States or the government of the District 
                        of Columbia; or
                            (4) is a member of an organization of 
                        employees of the Government of the United States 
                        or of individuals employed by the government of 
                        the District of Columbia that he knows asserts 
                        the right to strike against the Government of 
                        the United States or the government of the 
                        District of Columbia. (Sept. 6, 1966, Pub. L. 
                        89-554, 80 Stat. 524.)

            
                    Subchapter IV.--Foreign Gifts and Decorations

       904  Sec. 7342. Receipt and disposition of foreign gifts and 
                decorations.
                (a) For the purpose of this section--
                            (1) ``employee'' means--

                                (A) an employee as defined by section 
                            2105 of this title and an officer or 
                            employee of the United States Postal Service 
                            or of the Postal Rate Commission;

                                (B) an expert or consultant who is under 
                            contract under section 3109 of this title 
                            with the United States or any agency, 
                            department, or establishment thereof, 
                            including, in the case of an organization 
                            performing services under such section, any 
                            individual involved in the performance of 
                            such services;

                                (C) an individual employed by, or 
                            occupying an office or position in, the 
                            government of a territory or possession of 
                            the United States or the government of the 
                            District of Columbia;

                                (D) a member of a uniformed service;

                                (E) the President and the Vice 
                            President;

                                (F) a Member of Congress as defined by 
                            section 2106 of this title (except the Vice 
                            President) and any Delegate to the Congress; 
                            and

                                (G) the spouse of an individual 
                            described in subparagraphs (A) through (F) 
                            (unless such individual and his or her 
                            spouse

[[Page 675]]

                            are separated) or a dependent (within the 
                            meaning of section 152 of the Internal 
                            Revenue Code of 1986) of such an individual, 
                            other than a spouse or dependent who is an 
                            employee under subparagraphs (A) through 
                            (F);

                            (2) ``foreign government'' means--

                                (A) any unit of foreign governmental 
                            authority, including any foreign national, 
                            State, local, and municipal government;

                                (B) any international or multinational 
                            organization whose membership is composed of 
                            any unit of foreign government described in 
                            subparagraph (A); and

                                (C) any agent or representative of any 
                            such unit or such organization, while acting 
                            as such;

                            (3) ``gift'' means a tangible or intangible 
                        present (other than a decoration) tendered by, 
                        or received from, a foreign government;
                            (4) ``decoration'' means an order, device, 
                        medal, badge, insignia, emblem, or award 
                        tendered by, or received from, a foreign 
                        government;
                            (5) ``minimal value'' means a retail value 
                        in the United States at the time of acceptance 
                        of $100 or less, except that--

                                (A) on January 1, 1981, and at 3-year 
                            intervals thereafter, ``minimal value'' 
                            shall be redefined in regulations prescribed 
                            by the Administrator of General Services, in 
                            consultation with the Secretary of State, to 
                            reflect changes in the consumer price index 
                            for the immediately preceding 3-year period; 
                            and

                                (B) regulations of an employing agency 
                            may define ``minimal value'' for its 
                            employees to be less than the value 
                            established under this paragraph; and

                            (6) ``employing agency'' means--

                                (A) the Committee on Standards of 
                            Official Conduct of the House of 
                            Representatives, for Members and employees 
                            of the House of Representatives, except that 
                            those responsibilities specified in 
                            subsections (c)(2)(A), (e)(1), and (g)(2)(B) 
                            shall be carried out by the Clerk of the 
                            House;

                                (B) the Select Committee on Ethics of 
                            the Senate, for Senators and employees of 
                            the Senate, except that those 
                            responsibilities (other than 
                            responsibilities involving approval of the 
                            employing agency) specified in subsections 
                            (c)(2), (d), and (g)(2)(B) shall be carried 
                            out by the Secretary of the Senate;

                                (C) the Administrative Office of the 
                            United States Courts, for judges and 
                            judicial branch employees; and

                                (D) the department, agency, office, or 
                            other entity in which an employee is 
                            employed, for other legislative branch 
                            employees and for all executive branch 
                            employees.

                (b) An employee may not--
                            (1) request or otherwise encourage the 
                        tender of a gift or decoration; or
                            (2) accept a gift or decoration, other than 
                        in accordance with the provisions of subsections 
                        (c) and (d).
                (c)(1) The Congress consents to--
                            (A) the accepting and retaining by an 
                        employee of a gift of minimal value tendered and 
                        received as a souvenir or mark of courtesy; and

[[Page 676]]

                            (B) the accepting by an employee of a gift 
                        of more than minimal value when such gift is in 
                        the nature of an educational scholarship or 
                        medical treatment or when it appears that to 
                        refuse the gift would likely cause offense or 
                        embarrassment or otherwise adversely affect the 
                        foreign relations of the United States, except 
                        that--

                                (i) a tangible gift of more than minimal 
                            value is deemed to have been accepted on 
                            behalf of the United States and, upon 
                            acceptance, shall become the property of the 
                            United States; and

                                (ii) an employee may accept gifts of 
                            travel or expenses for travel taking place 
                            entirely outside the United States (such as 
                            transportation, food, and lodging) of more 
                            than minimal value if such acceptance is 
                            appropriate, consistent with the interests 
                            of the United States, and permitted by the 
                            employing agency and any regulations which 
                            may be prescribed by the employing agency.

                (2) Within 60 days after accepting a tangible gift of 
            more than minimal value (other than a gift described in 
            paragraph (1)(B)(ii)), an employee shall--
                            (A) deposit the gift for disposal with his 
                        or her employing agency; or
                            (B) subject to the approval of the employing 
                        agency, deposit the gift with that agency for 
                        official use.

            Within 30 days after terminating the official use of a gift 
            under subparagraph (B), the employing agency shall forward 
            the gift to the Administrator of General Services in 
            accordance with subsection (e)(1) or provide for its 
            disposal in accordance with subsection (e)(2).

                (3) When an employee deposits a gift of more than 
            minimal value for disposal or for official use pursuant to 
            paragraph (2), or within 30 days after accepting travel or 
            travel expenses as provided in paragraph (1)(B)(ii) unless 
            such travel or travel expenses are accepted in accordance 
            with specific instructions of his or her employing agency, 
            the employee shall file a statement with his or her 
            employing agency or its delegate containing the information 
            prescribed in subsection (f) for that gift.
                (d) The Congress consents to the accepting, retaining, 
            and wearing by an employee of a decoration tendered in 
            recognition of active field service in time of combat 
            operations or awarded for other outstanding or unusually 
            meritorious performance, subject to the approval of the 
            employing agency of such employee. Without this approval, 
            the decoration is deemed to have been accepted on behalf of 
            the United States, shall become the property of the United 
            States, and shall be deposited by the employee, within sixty 
            days of acceptance, with the employing agency for official 
            use, for forwarding to the Administrator of General Services 
            for disposal in accordance with subsection (e)(1), or for 
            disposal in accordance with subsection (e)(2).
                (e)(1) Except as provided in paragraph (2), gifts and 
            decorations that have been deposited with an employing 
            agency for disposal shall be (A) returned to the donor, or 
            (B) forwarded to the Administrator of General Services for 
            transfer, donation, or other disposal in accordance with the 
            provisions of subtitle I of Title 40 and Title III of the 
            Federal Property and Administrative Services Act of 1949. 
            However, no gift or decoration that has been deposited for 
            disposal may be sold without the approval of the Secretary 
            of State, upon a determination that the

[[Page 677]]

            sale will not adversely affect the foreign relations of the 
            United States. Gifts and decorations may be sold by 
            negotiated sale.
                (2) Gifts and decorations received by a Senator or an 
            employee of the Senate that are deposited with the Secretary 
            of the Senate for disposal, or are deposited for an official 
            use which has terminated, shall be disposed of by the 
            Commission on Arts and Antiquities of the United States 
            Senate. Any such gift or decoration may be returned by the 
            Commission to the donor or may be transferred or donated by 
            the Commission, subject to such terms and conditions as it 
            may prescribe, (A) to an agency or instrumentality of (i) 
            the United States, (ii) a State, territory, or possession of 
            the United States, or a political subdivision of the 
            foregoing, or (iii) the District of Columbia, or (B) to an 
            organization described in section 501(c)(3) of the Internal 
            Revenue Code of 1986 which is exempt from taxation under 
            section 501(a) of such Code. Any such gift or decoration not 
            disposed of as provided in the preceding sentence shall be 
            forwarded to the Administrator of General Services for 
            disposal in accordance with paragraph (1). If the 
            Administrator does not dispose of such gift or decoration 
            within one year, he shall, at the request of the Commission, 
            return it to the Commission and the Commission may dispose 
            of such gift or decoration in such manner as it considers 
            proper, except that such gift or decoration may be sold only 
            with the approval of the Secretary of State upon a 
            determination that the sale will not adversely affect the 
            foreign relations of the United States.
                (f)(1) Not later than January 31 of each year, each 
            employing agency or its delegate shall compile a listing of 
            all statements filed during the preceding year by the 
            employees of that agency pursuant to subsection (c)(3) and 
            shall transmit such listing to the Secretary of State who 
            shall publish a comprehensive listing of all such statements 
            in the Federal Register.
                (2) Such listings shall include for each tangible gift 
            reported--
                            (A) the name and position of the employee;
                            (B) a brief description of the gift and the 
                        circumstances justifying acceptance;
                            (C) the identity, if known, of the foreign 
                        government and the name and position of the 
                        individual who presented the gift;
                            (D) the date of acceptance of the gift;
                            (E) the estimated value in the United States 
                        of the gift at the time of acceptance; and
                            (F) disposition or current location of the 
                        gift.
                (3) Such listings shall include for each gift of travel 
            or travel expenses--
                            (A) the name and position of the employee;
                            (B) a brief description of the gift and the 
                        circumstances justifying acceptance; and
                            (C) the identity, if known, of the foreign 
                        government and the name and position of the 
                        individual who presented the gift.
                (4) In transmitting such listings for the Central 
            Intelligence Agency, the Director of Central Intelligence 
            may delete the information described in subparagraphs (A) 
            and (C) of paragraphs (2) and (3) if the Director certifies 
            in writing to the Secretary of State that the publication of 
            such information could adversely affect United States 
            intelligence sources.

[[Page 678]]

                (g)(1) Each employing agency shall prescribe such 
            regulations as may be necessary to carry out the purpose of 
            this section. For all employing agencies in the executive 
            branch, such regulations shall be prescribed pursuant to 
            guidance provided by the Secretary of State. These 
            regulations shall be implemented by each employing agency 
            for its employees.
                (2) Each employing agency shall--
                            (A) report to the Attorney General cases in 
                        which there is reason to believe that an 
                        employee has violated this section;
                            (B) establish a procedure for obtaining an 
                        appraisal; when necessary, of the value of 
                        gifts; and
                            (C) take any other actions necessary to 
                        carry out the purpose of this section.
                (h) The Attorney General may bring a civil action in any 
            district court of the United States against any employee who 
            knowingly solicits or accepts a gift from a foreign 
            government not consented to by this section or who fails to 
            deposit or report such gift as required by this section. The 
            court in which such action is brought may assess a penalty 
            against such employee in any amount not to exceed the retail 
            value of the gift improperly solicited or received plus 
            $5,000.
                (i) The President shall direct all Chiefs of a United 
            States Diplomatic Mission to inform their host governments 
            that it is a general policy of the United States Government 
            to prohibit United States Government employees from 
            receiving gifts or decorations of more than minimal value.
                (j) Nothing in this section shall be construed to 
            derogate any regulation prescribed by any employing agency 
            which provides for more stringent limitations on the receipt 
            of gifts and decorations by its employees.
                (k) The provisions of this section do not apply to 
            grants and other forms of assistance to which section 108A 
            of the Mutual Educational and Cultural Exchange Act of 1961 
            applies. (Sept. 11, 1967, Pub. L. 90-83, Sec. 1(45)(C), 81 
            Stat. 208; Aug. 17, 1977, Pub. L. 95-105, Sec. 515, 91 Stat. 
            862; Oct. 7, 1978, Pub. L. 95-426, Sec. 712(a)-(c), 92 Stat. 
            994; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
            Pub. L. 107-217, Sec. 3(a), Aug. 21, 2002, 116 Stat. 1295.)
            
                     Chapter 81.--COMPENSATION FOR WORK INJURIES

       905  Sec. Sec. 8101--8152.
                Note.--Since it is not feasible to reproduce in the 
            Senate Manual all the pertinent provisions of law relating 
            to compensation for work injuries sustained by employees of 
            the Congress, reference only is made here to those 
            provisions. See sections 8101-8152 of title 5, United States 
            Code.

            
                           Chapters 83 and 84.--RETIREMENT

       906  Sec. Sec. 8331-8351, Sec. Sec. 8401-8479, and sections 201-
                208 of the Federal Employees' Retirement Contribution 
                Temporary Adjustment Act of 1983.
                Note.--Since it is not feasible to reproduce in the 
            Senate Manual all the pertinent provisions of law relating 
            to retirement benefits of Members and employees of Congress, 
            reference only is made here to those provisions. See 
            subchapter III of chapter 83 of title 5, United States Code, 
            and chapter 84 of such title (as added by the Federal 
            Employees' Retirement System Act of 1986; Pub. L. 99-335, 
            100 Stat. 514).

[[Page 679]]



            
                             Chapter 87.--LIFE INSURANCE

       907  Sec. Sec. 8701-8716.
                Note.--Since it is not feasible to reproduce in the 
            Senate Manual all the pertinent provisions of law relating 
            to group life insurance for Members and employees of 
            Congress, reference only is made here to those provisions. 
            See sections 8701-8716 of title 5, United States Code.

            
                            Chapter 89.--HEALTH INSURANCE

       908  Sec. Sec. 8901-8914.
                Note.--Since it is not feasible to reproduce in the 
            Senate Manual all the pertinent provisions of law relating 
            to health benefits of Members and employees of Congress, 
            reference only is made here to those provisions. See 
            sections 8901-8914 of title 5, United States Code.

            
                                     APPENDIX 2

       909                 Federal Advisory Committee Act

            (Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; Sept. 13, 1976, 
            Pub. L. 94-409, Sec. 5(c), 90 Stat. 1247; Dec. 12, 1980, 
            Pub. L. 96-523, Sec. 2, 94 Stat. 3040; Dec. 21, 1982, Pub. 
            L. 97-375, Sec. 201(c), 96 Stat. 1822; 1977 Reorg. Plan No. 
            1, Sec. 5F, Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634).

                                     definitions
                Sec. 3. For the purpose of this Act--
                            (1) The term ``Administrator'' means the 
                        Administrator of General Services.
                            (2) The term ``advisory committee'' means 
                        any committee, board, commission, council, 
                        conference, panel, task force, or other similar 
                        group, or any subcommittee or other subgroup 
                        thereof (hereafter in this paragraph referred to 
                        as ``committee''), which is--

                                (A) established by statute or 
                            reorganization plan, or

                                (B) established or utilized by the 
                            President, or

                                (C) established or utilized by one or 
                            more agencies,

                    in the interest of obtaining advice or 
                    recommendations for the President or one or more 
                    agencies or officers of the Federal Government, 
                    except that such term excludes (i) any committee 
                    that is composed wholly of full-time, or permanent 
                    part-time, officers or employees of the Federal 
                    Government, and (ii) any committee that is created 
                    by the National Academy of Sciences or the National 
                    Academy of Public Administration.
                            (3) The term ``agency'' has the same meaning 
                        as in section 551(1) of title 5, United States 
                        Code.
                            (4) The term ``Presidential advisory 
                        committee'' means an advisory committee which 
                        advises the President.
                                    applicability
                Sec. 4. (a) The provisions of this Act or of any rule, 
            order, or regulation promulgated under this Act shall apply 
            to each advisory committee except to the extent that any Act 
            of Congress establishing any such advisory committee 
            specifically provides otherwise.
                (b) Nothing in this Act shall be construed to apply to 
            any advisory committee established or utilized by--
                            (1) the Central Intelligence Agency; or

[[Page 680]]

                            (2) the Federal Reserve System.
                (c) Nothing in this Act shall be construed to apply to 
            any local civic group whose primary function is that of 
            rendering a public service with respect to a Federal 
            program, or any State or local committee, council, board, 
            commission, or similar group established to advise or make 
            recommendations to State or local officials or agencies.

                    responsibilities of congressional committees
                Sec. 5. (a) In the exercise of its legislative review 
            functions, each standing committee of the Senate and the 
            House of Representatives shall make a continuing review of 
            the activities of each advisory committee under its 
            jurisdiction to determine whether such advisory committee 
            should be abolished or merged with any other advisory 
            committee, whether the responsibilities of such advisory 
            committee should be revised, and whether such advisory 
            committee performs a necessary function not already being 
            performed. Each such standing committee shall take 
            appropriate action to obtain the enactment of legislation 
            necessary to carry out the purpose of this subsection.
                (b) In considering legislation establishing, or 
            authorizing the establishment of any advisory committee, 
            each standing committee of the Senate and of the House of 
            Representatives shall determine, and report such 
            determination to the Senate or to the House of 
            Representatives, as the case may be, whether the functions 
            of the proposed advisory committee are being or could be 
            performed by one or more agencies or by an advisory 
            committee already in existence, or by enlarging the mandate 
            of an existing advisory committee. Any such legislation 
            shall--
                            (1) contain a clearly defined purpose for 
                        the advisory committee;
                            (2) require the membership of the advisory 
                        committee to be fairly balanced in terms of the 
                        points of view represented and the functions to 
                        be performed by the advisory committee;
                            (3) contain appropriate provisions to assure 
                        that the advice and recommendations of the 
                        advisory committee will not be inappropriately 
                        influenced by the appointing authority or by any 
                        special interest, but will instead be the result 
                        of the advisory committee's independent 
                        judgement;
                            (4) contain provisions dealing with 
                        authorization of appropriations, the date for 
                        submission of reports (if any), the duration of 
                        the advisory committee, and the publication of 
                        reports and other materials, to the extent that 
                        the standing committee determines the provisions 
                        of section 10 of this Act to be inadequate; and
                            (5) contain provisions which will assure 
                        that the advisory committee will have adequate 
                        staff (either supplied by an agency or employed 
                        by it), will be provided adequate quarters, and 
                        will have funds available to meet its other 
                        necessary expenses.
                (c) To the extent they are applicable, the guidelines 
            set out in subsection (b) of this section shall be followed 
            by the President, agency heads, or other Federal officials 
            in creating an advisory committee.

                                    * * * * * * *

                  establishment and purpose of advisory committees
                Sec. 9. (a) No advisory committee shall be established 
            unless such establishment is--
                            (1) specifically authorized by statute or by 
                        the President; or

[[Page 681]]

                            (2) determined as a matter of formal record, 
                        by the head of the agency involved after 
                        consultation with the Administrator, with timely 
                        notice published in the Federal Register, to be 
                        in the public interest in connection with the 
                        performance of duties imposed on that agency by 
                        law.
                (b) Unless otherwise specifically provided by statute or 
            Presidential directive, advisory committees shall be 
            utilized solely for advisory functions. Determinations of 
            action to be taken and policy to be expressed with respect 
            to matters upon which an advisory committee reports or makes 
            recommendations shall be made solely by the President or an 
            officer of the Federal Government.
                (c) No advisory committee shall meet or take any action 
            until an advisory committee charter has been filed with (1) 
            the Administrator, in the case of Presidential advisory 
            committees, or (2) with the head of the agency to whom any 
            advisory committee reports and with the standing committees 
            of the Senate and of the House of Representatives having 
            legislative jurisdiction of such agency. Such charter shall 
            contain the following information:
                            (A) the committee's official designation;
                            (B) the committee's objectives and the scope 
                        of its activity;
                            (C) the period of time necessary for the 
                        committee to carry out its purposes;
                            (D) the agency or official to whom the 
                        committee reports;
                            (E) the agency responsible for providing the 
                        necessary support for the committee;
                            (F) a description of the duties for which 
                        the committee is responsible, and, if such 
                        duties are not solely advisory, a specification 
                        of the authority for such functions;
                            (G) the estimated annual operating costs in 
                        dollars and man-years for such committee;
                            (H) the estimated number and frequency of 
                        committee meetings;
                            (I) the committee's termination date, if 
                        less than two years from the date of the 
                        committee's establishment; and
                            (J) the date the charter is filed.

            A copy of any such charter shall also be furnished to the 
            Library of Congress.

                                    * * * * * * *

            (Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; 1997 Reorg. 
            Plan No. 1 Sec. 5F; 91 Stat. 1634.)

            
                                     APPENDIX 4

               Financial Disclosure Requirements of Federal Personnel
       910  Sec. 101. Persons required to file.
                (a) Within thirty days of assuming the position of an 
            officer or employee described in subsection (f), an 
            individual shall file a report containing the information 
            described in section 102(b) unless the individual has left 
            another position described in subsection (f) within thirty 
            days prior to assuming such new position or has already 
            filed a report under this title with respect to nomination 
            for the new position or as a candidate for the position.
                (b)(1) Within five days of the transmittal by the 
            President to the Senate of the nomination of an individual 
            (other than an individual

[[Page 682]]

            nominated for appointment to a position as a Foreign Service 
            Officer or a grade or rank in the uniformed services for 
            which the pay grade prescribed by section 201 of title 37, 
            United States Code, is O-6 or below) to a position, 
            appointment to which requires the advice and consent of the 
            Senate, such individual shall file a report containing the 
            information described in section 102(b). Such individual 
            shall, not later than the date of the first hearing to 
            consider the nomination of such individual, make current the 
            report filed pursuant to this paragraph by filing the 
            information required by section 102(a)(1)(A) with respect to 
            income and honoraria received as of the date which occurs 
            five days before the date of such hearing. Nothing in this 
            Act shall prevent any congressional committee from 
            requesting, as a condition of confirmation, any additional 
            financial information from any Presidential nominee whose 
            nomination has been referred to that committee.
                (2) An individual whom the President or the President-
            elect has publicly announced he intends to nominate to a 
            position may file the report required by paragraph (1) at 
            any time after that public announcement, but not later than 
            is required under the first sentence of such paragraph.
                (c) Within thirty days of becoming a candidate as 
            defined in section 301 of the Federal Campaign Act of 1971, 
            in a calendar year for nomination or election to the office 
            of President, Vice President, or Member of Congress, or on 
            or before May 15 of that calendar year, whichever is later, 
            but in no event later than 30 days before the election, and 
            on or before May 15 of each successive year an individual 
            continues to be a candidate, an individual other than an 
            incumbent President, Vice President, or Member of Congress 
            shall file a report containing the information described in 
            section 102(b). Notwithstanding the preceding sentence, in 
            any calendar year in which an individual continues to be a 
            candidate for any office but all elections for such office 
            relating to such candidacy were held in prior calendar 
            years, such individual need not file a report unless he 
            becomes a candidate for another vacancy in that office or 
            another office during that year.
                (d) Any individual who is an officer or employee 
            described in subsection (f) during any calendar year and 
            performs the duties of his position or office for a period 
            in excess of sixty days in that calendar year shall file on 
            or before May 15 of the succeeding year a report containing 
            the information described in section 102(a).
                (e) Any individual who occupies a position described in 
            subsection (f) shall, on or before the thirtieth day after 
            termination of employment in such position, file a report 
            containing the information described in section 102(a) 
            covering the preceding calendar year if the report required 
            by subsection (d) has not been filed and covering the 
            portion of the calendar year in which such termination 
            occurs up to the date the individual left such office or 
            position, unless such individual has accepted employment in 
            another position described in subsection (f).
                (f) The officers and employees referred to in 
            subsections (a), (d), and (e) are--
                            (1) the President;
                            (2) the Vice President;
                            (3) each officer or employee in the 
                        executive branch, including a special Government 
                        employee as defined in section 202 of title 18, 
                        United States Code, who occupies a position 
                        classified above GS-15 of the General Schedule 
                        or, in the case of positions not

[[Page 683]]

                        under the General Schedule, for which the rate 
                        of basic pay is equal to or greater than 120 
                        percent of the minimum rate of basic pay payable 
                        for GS-15 of the General Schedule; each member 
                        of a uniformed service whose pay grade is at or 
                        in excess of O-7 under section 201 of title 37, 
                        United States Code; and each officer or employee 
                        in any other position determined by the Director 
                        of the Office of Government Ethics to be of 
                        equal classification;
                            (4) each employee appointed pursuant to 
                        section 3105 of title 5, United States Code;
                            (5) any employee not described in paragraph 
                        (3) who is in a position in the executive branch 
                        which is excepted from the competitive service 
                        by reason of being of a confidential or 
                        policymaking character, except that the Director 
                        of the Office of Government Ethics may, by 
                        regulation, exclude from the application of this 
                        paragraph any individual, or group of 
                        individuals, who are in such positions, but only 
                        in cases in which the Director determines such 
                        exclusion would not affect adversely the 
                        integrity of the Government or the public's 
                        confidence in the integrity of the Government;
                            (6) the Postmaster General, the Deputy 
                        Postmaster General, each Governor of the Board 
                        of Governors of the United States Postal Service 
                        and each officer or employee of the United 
                        States Postal Service or Postal Rate Commission 
                        who occupies a position for which the rate of 
                        basic pay is equal to or greater than 120 
                        percent of the minimum rate of basic pay payable 
                        for GS-15 of the General Schedule;
                            (7) the Director of the Office of Government 
                        Ethics and each designated agency ethics 
                        official;
                            (8) any civilian employee not described in 
                        paragraph (3), employed in the Executive Office 
                        of the President (other than a special 
                        government employee) who holds a commission of 
                        appointment from the President;
                            (9) a Member of Congress as defined under 
                        section 109(12);
                            (10) an officer or employee of the Congress 
                        as defined under section 109(13);
                            (11) a judicial officer as defined under 
                        section 109(10); and
                            (12) a judicial employee as defined under 
                        section 109(8).
                (g)(1) Reasonable extensions of time for filing any 
            report may be granted under procedures prescribed by the 
            supervising ethics office for each branch, but the total of 
            such extensions shall not exceed ninety days.
                (2)(A) In the case of an individual who is serving in 
            the Armed Forces, or serving in support of the Armed Forces, 
            in an area while that area is designated by the President by 
            Executive order as a combat zone for purposes of section 112 
            of the Internal Revenue Code of 1986, the date for the 
            filing of any report shall be extended so that the date is 
            180 days after the later of--
                            (i) the last day of the individual's service 
                        in such area during such designated period; or
                            (ii) the last day of the individual's 
                        hospitalization as a result of injury received 
                        or disease contracted while serving in such 
                        area.
                (B) The Office of Government Ethics, in consultation 
            with the Secretary of Defense, may prescribe procedures 
            under this paragraph.
                (h) The provisions of subsections (a), (b), and (e) 
            shall not apply to an individual who, as determined by the 
            designated agency ethics official

[[Page 684]]

            or Secretary concerned (or in the case of a Presidential 
            appointee under subsection (b), the Director of the Office 
            of Government Ethics), the congressional ethics committees, 
            or the Judicial Conference, is not reasonably expected to 
            perform the duties of his office or position for more than 
            sixty days in a calendar year, except that if such 
            individual performs the duties of his office or position for 
            more than sixty days in a calendar year--
                            (1) the report required by subsections (a) 
                        and (b) shall be filed within fifteen days of 
                        the sixtieth day, and
                            (2) the report required by subsection (e) 
                        shall be filed as provided in such subsection.
                (i) The supervising ethics office for each branch may 
            grant a publicly available request for a waiver of any 
            reporting requirement under this section for an individual 
            who is expected to perform or has performed the duties of 
            his office or position less than one hundred and thirty days 
            in a calendar year, but only if the supervising ethics 
            office determines that--
                            (1) such individual is not a full-time 
                        employee of the Government,
                            (2) such individual is able to provide 
                        services specially needed by the Government,
                            (3) it is unlikely that the individual's 
                        outside employment or financial interests will 
                        create a conflict of interest, and
                            (4) public financial disclosure by such 
                        individual is not necessary in the 
                        circumstances.

            (Pub. L. 95-521, Title I, Sec. 101, Oct. 26, 1978, 92 Stat. 
            1824; Pub. L. 96-19, Sec. Sec. 2(a)(1), (b), (c)(1), 
            4(b)(1), (d)-(f), 5, June 13, 1979, 93 Stat. 37, 38, 40; 
            Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103 
            Stat. 1725; Pub. L. 101-280, Sec. 3(1), (2), May 4, 1990, 
            104 Stat. 152; Pub. L. 102-25, Title VI, Sec. 605(a), Apr. 
            6, 1991, 105 Stat. 110; Pub. L. 102-378, Sec. 4(a)(1), Oct. 
            2, 1992, 106 Stat. 1356.)

       911  Sec. 102. Contents of reports.
                (a) Each report filed pursuant to section 101 (d) and 
            (e) shall include a full and complete statement with respect 
            to the following:
                            (1)(A) The source, type, and amount or value 
                        of income (other than income referred to in 
                        subparagraph (B)) from any source (other than 
                        from current employment by the United States 
                        Government), and the source, date, and amount of 
                        honoraria from any source, received during the 
                        preceding calendar year, aggregating $200 or 
                        more in value and, effective January 1, 1991, 
                        the source, date, and amount of payments made to 
                        charitable organizations in lieu of honoraria, 
                        and the reporting individual shall 
                        simultaneously file with the applicable 
                        supervising ethics office, on a confidential 
                        basis, a corresponding list of recipients of all 
                        such payments, together with the dates and 
                        amounts of such payments.
                            (B) The source and type of income which 
                        consists of dividends, rents, interest, and 
                        capital gains, received during the preceding 
                        calendar year which exceeds $200 in amount or 
                        value, and an indication of which of the 
                        following categories the amount or value of such 
                        item of income is within:

                                (i) not more than $1,000,

                                (ii) greater than $1,000 but not more 
                            than $2,500,

                                (iii) greater than $2,500 but not more 
                            than $5,000,

                                (iv) greater than $5,000 but not more 
                            than $15,000,

[[Page 685]]

                                (v) greater than $15,000 but not more 
                            than $50,000,

                                (vi) greater than $50,000 but not more 
                            than $100,000,

                                (vii) greater than $100,000 but not more 
                            than $1,000,000,

                                (viii) greater than $1,000,000 but not 
                            more than $5,000,000, or

                                (ix) greater than $5,000,000.

                            (2)(A) The identity of the source, a brief 
                        description, and the value of all gifts 
                        aggregating more than the minimal value as 
                        established by section 7342(a)(5) of title 5, 
                        United States Code, or $250, whichever is 
                        greater, received from any source other than a 
                        relative of the reporting individual during the 
                        preceding calendar year, except that any food, 
                        lodging, or entertainment received as personal 
                        hospitality of an individual need not be 
                        reported, and any gift with a fair market value 
                        of $100 or less, as adjusted at the same time 
                        and by the same percentage as the minimal value 
                        is adjusted, need not be aggregated for purposes 
                        of this subparagraph.
                            (B) The identity of the source and a brief 
                        description (including a travel itinerary, 
                        dates, and nature of expenses provided) of 
                        reimbursements received from any source 
                        aggregating more than the minimal value as 
                        established by section 7342(a)(5) of title 5, 
                        United States Code, or $250, whichever is 
                        greater and received during the preceding 
                        calendar year.
                            (C) In an unusual case, a gift need not be 
                        aggregated under subparagraph (A) if a publicly 
                        available request for a waiver is granted.
                            (3) The identity and category of value of 
                        any interest in property held during the 
                        preceding calendar year in a trade or business, 
                        or for investment or the production of income, 
                        which has a fair market value which exceeds 
                        $1,000 as of the close of the preceding calendar 
                        year, excluding any personal liability owed to 
                        the reporting individual by a spouse, or by a 
                        parent, brother, sister, or child of the 
                        reporting individual or of the reporting 
                        individual's spouse, or any deposits aggregating 
                        $5,000 or less in a personal savings account. 
                        For purposes of this paragraph, a personal 
                        savings account shall include any certificate of 
                        deposit or any other form of deposit in a bank, 
                        savings and loan association, credit union, or 
                        similar financial institution.
                            (4) The identity and category of value of 
                        the total liabilities owed to any creditor other 
                        than a spouse, or a parent, brother, sister, or 
                        child of the reporting individual or of the 
                        reporting individual's spouse which exceed 
                        $10,000 at any time during the preceding 
                        calendar year, excluding--

                                (A) any mortgage secured by real 
                            property which is a personal residence of 
                            the reporting individual or his spouse; and

                                (B) any loan secured by a personal motor 
                            vehicle, household furniture, or appliances, 
                            which loan does not exceed the purchase 
                            price of the item which secures it.

                    With respect to revolving charge accounts, only 
                    those with an outstanding liability which exceeds 
                    $10,000 as of the close of the preceding calendar 
                    year need be reported under this paragraph.
                            (5) Except as provided in this paragraph, a 
                        brief description, the date, and category of 
                        value of any purchase, sale or exchange during 
                        the preceding calendar year which exceeds 
                        $1,000--

[[Page 686]]

                                (A) in real property, other than 
                            property used solely as a personal residence 
                            of the reporting individual or his spouse; 
                            or

                                (B) in stocks, bonds, commodities 
                            futures, and other forms of securities.

                    Reporting is not required under this paragraph of 
                    any transaction solely by and between the reporting 
                    individual, his spouse, or dependent children.
                            (6)(A) The identity of all positions held on 
                        or before the date of filing during the current 
                        calendar year (and, for the first report filed 
                        by an individual, during the two-year period 
                        preceding such calendar year) as an officer, 
                        director, trustee, partner, proprietor, 
                        representative, employee, or consultant of any 
                        corporation, company, firm, partnership, or 
                        other business enterprise, any nonprofit 
                        organization, any labor organization, or any 
                        educational or other institution other than the 
                        United States. This subparagraph shall not 
                        require the reporting of positions held in any 
                        religious, social, fraternal, or political 
                        entity and positions solely of an honorary 
                        nature.
                            (B) If any person, other than the United 
                        States Government, paid a nonelected reporting 
                        individual compensation in excess of $5,000 in 
                        any of the two calendar years prior to the 
                        calendar year during which the individual files 
                        his first report under this title, the 
                        individual shall include in the report--

                                (i) the identity of each source of such 
                            compensation; and

                                (ii) a brief description of the nature 
                            of the duties performed or services rendered 
                            by the reporting individual for each such 
                            source.

                    The preceding sentence shall not require any 
                    individual to include in such report any information 
                    which is considered confidential as a result of a 
                    privileged relationship, established by law, between 
                    such individual and any person nor shall it require 
                    an individual to report any information with respect 
                    to any person for whom services were provided by any 
                    firm or association of which such individual was a 
                    member, partner, or employee unless such individual 
                    was directly involved in the provision of such 
                    services.
                            (7) A description of the date, parties to, 
                        and terms of any agreement or arrangement with 
                        respect to (A) future employment; (B) a leave of 
                        absence during the period of the reporting 
                        individual's Government service; (C) 
                        continuation of payments by a former employer 
                        other than the United States Government; and (D) 
                        continuing participation in an employee welfare 
                        or benefit plan maintained by a former employer.
                            (8) The category of the total cash value of 
                        any interest of the reporting individual in a 
                        qualified blind trust, unless the trust 
                        instrument was executed prior to July 24, 1995 
                        and precludes the beneficiary from receiving 
                        information on the total cash value of any 
                        interest in the qualified blind trust.
                (b)(1) Each report filed pursuant to subsections (a), 
            (b), and (c) of section 101 shall include a full and 
            complete statement with respect to the information required 
            by--
                            (A) paragraph (1) of subsection (a) for the 
                        year of filing and the preceding calendar year.

[[Page 687]]

                            (B) paragraphs (3) and (4) of subsection (a) 
                        as of the date specified in the report but which 
                        is less than thirty-one days before the filing 
                        date, and
                            (C) paragraphs (6) and (7) of subsection (a) 
                        as of the filing date but for periods described 
                        in such paragraphs.
                (2)(A) In lieu of filling out one or more schedules of a 
            financial disclosure form, an individual may supply the 
            required information in an alternative format, pursuant to 
            either rules adopted by the supervising ethics office for 
            the branch in which such individual serves or pursuant to a 
            specific written determination by such office for a 
            reporting individual.
                (B) In lieu of indicating the category of amount or 
            value of any item contained in any report filed under this 
            title, a reporting individual may indicate the exact dollar 
            amount of such item.
                (c) In the case of any individual described in section 
            101(e), any reference to the preceding calendar year shall 
            be considered also to include that part of the calendar year 
            of filing up to the date of the termination of employment.
                (d)(1) The categories for reporting the amount or value 
            of the items covered in paragraphs (3), (4), and (5) of 
            subsection (a) are as follows:
                            (A) not more than $15,000;
                            (B) greater than $15,000 but not more than 
                        $50,000;
                            (C) greater than $50,000 but not more than 
                        $100,000;
                            (D) greater than $100,000 but not more than 
                        $250,000;
                            (E) greater than $250,000 but not more than 
                        $500,000;
                            (F) greater than $500,000 but not more than 
                        $1,000,000;
                            (G) greater than $1,000,000 but not more 
                        than $5,000,000;
                            (H) greater than $5,000,000 but not more 
                        than $25,000,000;
                            (I) greater than $25,000,000 but not more 
                        than $50,000,000; and
                            (J) greater than $50,000,000.
                (2) For the purposes of paragraph (3) of subsection (a) 
            if the current value of an interest in real property (or an 
            interest in a real estate partnership) is not ascertainable 
            without an appraisal, an individual may list (A) the date of 
            purchase and the purchase price of the interest in the real 
            property, or (B) the assessed value of the real property for 
            tax purposes, adjusted to reflect the market value of the 
            property used for the assessment if the assessed value is 
            computed at less than 100 percent of such market value, but 
            such individual shall include in his report a full and 
            complete description of the method used to determine such 
            assessed value, instead of specifying a category of value 
            pursuant to paragraph (1) of this subsection. If the current 
            value of any other item required to be reported under 
            paragraph (3) of subsection (a) is not ascertainable without 
            an appraisal, such individual may list the book value of a 
            corporation whose stock is not publicly traded, the net 
            worth of a business partnership, the equity value of an 
            individually owned business, or with respect to other 
            holdings, any recognized indication of value, but such 
            individual shall include in his report a full and complete 
            description of the method used in determining such value. In 
            lieu of any value referred to in the preceding sentence, an 
            individual may list the assessed value of the item for tax 
            purposes, adjusted to reflect the market value of the item 
            used for the assessment if the assessed value is computed at 
            less than 100 percent of such

[[Page 688]]

            market value, but a full and complete description of the 
            method used in determining such assessed value shall be 
            included in the report.
                (e)(1) Except as provided in the last sentence of this 
            paragraph, each report required by section 101 shall also 
            contain information listed in paragraphs (1) through (5) of 
            subsection (a) of this section respecting the spouse or 
            dependent child of the reporting individual as follows:
                            (A) The source of items of earned income 
                        earned by a spouse from any person which exceeds 
                        $1,000 and the source and amount of any 
                        honoraria received by a spouse, except that, 
                        with respect to earned income (other than 
                        honoraria), if the spouse is self-employed in 
                        business or a profession, only the nature of 
                        such business or profession need be reported.
                            (B) All information required to be reported 
                        in subsection (a)(1)(B) with respect to income 
                        derived by a spouse or dependent child from any 
                        asset held by the spouse or dependent child and 
                        reported pursuant to subsection (a)(3).
                            (C) In the case of any gifts received by a 
                        spouse or dependent child which are not received 
                        totally independent of the relationship of the 
                        spouse or dependent child to the reporting 
                        individual, the identity of the source and a 
                        brief description of gifts of transportation, 
                        lodging, food, or entertainment and a brief 
                        description and the value of other gifts.
                            (D) In the case of any reimbursements 
                        received by a spouse or dependent child which 
                        are not received totally independent of the 
                        relationship of the spouse or dependent child to 
                        the reporting individual, the identity of the 
                        source and a brief description of each such 
                        reimbursement.
                            (E) In the case of items described in 
                        paragraphs (3) through (5) of subsection (a), 
                        all information required to be reported under 
                        these paragraphs other than items (i) which the 
                        reporting individual certifies represent the 
                        spouse's or dependent child's sole financial 
                        interest or responsibility and which the 
                        reporting individual has no knowledge of, (ii) 
                        which are not in any way, past or present, 
                        derived from the income, assets, or activities 
                        of the reporting individual, and (iii) from 
                        which the reporting individual neither derives, 
                        nor expects to derive, any financial or economic 
                        benefit.
                            (F) For purposes of this section, categories 
                        with amounts or values greater than $1,000,000 
                        set forth in sections 102(a)(1)(B) and 102(d)(1) 
                        shall apply to the income, assets, or 
                        liabilities of spouses and dependent children 
                        only if the income, assets, or liabilities are 
                        held jointly with the reporting individual. All 
                        other income, assets, or liabilities of the 
                        spouse or dependent children required to be 
                        reported under this section in an amount or 
                        value greater than $1,000,000 shall be 
                        categorized only as an amount or value greater 
                        than $1,000,000.

            Reports required by subsections (a), (b), and (c) of section 
            101 shall, with respect to the spouse and dependent child of 
            the reporting individual, only contain information listed in 
            paragraphs (1), (3), and (4) of subsection (a), as specified 
            in this paragraph.

                (2) No report shall be required with respect to a spouse 
            living separate and apart from the reporting individual with 
            the intention of terminating the marriage or providing for 
            permanent separation; or with respect

[[Page 689]]

            to any income or obligations of an individual arising from 
            the dissolution of his marriage or the permanent separation 
            from his spouse.
                (f)(1) Except as provided in paragraph (2), each 
            reporting individual shall report the information required 
            to be reported pursuant to subsections (a), (b), and (c) of 
            this section with respect to the holdings of and the income 
            from a trust or other financial arrangement from which 
            income is received by, or with respect to which a beneficial 
            interest in principal or income is held by, such individual, 
            his spouse, or any dependent child.
                (2) A reporting individual need not report the holdings 
            of or the source of income from any of the holdings of--
                            (A) any qualified blind trust (as defined in 
                        paragraph (3));
                            (B) a trust--

                                (i) which was not created directly by 
                            such individual, his spouse, or any 
                            dependent child, and

                                (ii) the holdings or sources of income 
                            of which such individual, his spouse, and 
                            any dependent child have no knowledge of; or

                            (C) an entity described under the provisions 
                        of paragraph (8), but such individual shall 
                        report the category of the amount of income 
                        received by him, his spouse, or any dependent 
                        child from the trust or other entity under 
                        subsection (a)(1)(B) of this section.
                (3) For purposes of this subsection, the term 
            ``qualified blind trust'' includes any trust in which a 
            reporting individual, his spouse, or any minor or dependent 
            child has a beneficial interest in the principal or income, 
            and which meets the following requirements:
                            (A)(i) The trustee of the trust and any 
                        other entity designated in the trust instrument 
                        to perform fiduciary duties is a financial 
                        institution, an attorney, a certified public 
                        accountant, a broker, or an investment advisor 
                        who--

                                (I) is independent of and not associated 
                            with any interested party so that the 
                            trustee or other person cannot be controlled 
                            or influenced in the administration of the 
                            trust by any interested party;

                                (II) is not and has not been an employee 
                            of or affiliated with any interested party 
                            and is not a partner of, or involved in any 
                            joint venture or other investment with, any 
                            interested party; and

                                (III) is not a relative of any 
                            interested party.

                            (ii) Any officer or employee of a trustee or 
                        other entity who is involved in the management 
                        or control of the trust--

                                (I) is independent of and not associated 
                            with any interested party so that such 
                            officer or employee cannot be controlled or 
                            influenced in the administration of the 
                            trust by any interested party;

                                (II) is not a partner of, or involved in 
                            any joint venture or other investment with, 
                            any interested party; and

                                (III) is not a relative of any 
                            interested party.

                            (B) Any asset transferred to the trust by an 
                        interested party is free of any restriction with 
                        respect to its transfer or sale unless such 
                        restriction is expressly approved by the 
                        supervising ethics office of the reporting 
                        individual.

[[Page 690]]

                            (C) The trust instrument which establishes 
                        the trust provides that--

                                (i) except to the extent provided in 
                            subparagraph (B) of this paragraph, the 
                            trustee in the exercise of his authority and 
                            discretion to manage and control the assets 
                            of the trust shall not consult or notify any 
                            interested party;

                                (ii) the trust shall not contain any 
                            asset the holding of which by an interested 
                            party is prohibited by any law or 
                            regulation;

                                (iii) the trustee shall promptly notify 
                            the reporting individual and his supervising 
                            ethics office when the holdings of any 
                            particular asset transferred to the trust by 
                            any interested party are disposed of or when 
                            the value of such holding is less than 
                            $1,000;

                                (iv) the trust tax return shall be 
                            prepared by the trustee or his designee, and 
                            such return and any information relating 
                            thereto (other than the trust income 
                            summarized in appropriate categories 
                            necessary to complete an interested party's 
                            tax return), shall not be disclosed to any 
                            interested party;

                                (v) an interested party shall not 
                            receive any report on the holdings and 
                            sources of income of the trust, except a 
                            report at the end of each calendar quarter 
                            with respect to the total cash value of the 
                            interest of the interested party in the 
                            trust or the net income or loss of the trust 
                            or any reports necessary to enable the 
                            interested party to complete an individual 
                            tax return required by law or to provide the 
                            information required by subsection (a)(1) of 
                            this section, but such report shall not 
                            identify any asset or holding;

                                (vi) except for communications which 
                            solely consist of requests for distributions 
                            of cash or other unspecified assets of the 
                            trust, there shall be no direct or indirect 
                            communication between the trustee and an 
                            interested party with respect to the trust 
                            unless such communication is in writing and 
                            unless it relates only (I) to the general 
                            financial interest and needs of the 
                            interested party (including, but not limited 
                            to, an interest in maximizing income or 
                            long-term capital gain), (II) to the 
                            notification of the trustee of a law or 
                            regulation subsequently applicable to the 
                            reporting individual which prohibits the 
                            interested party from holding an asset, 
                            which notification directs that the asset 
                            not be held by the trust, or (III) to 
                            directions to the trustee to sell all of an 
                            asset initially placed in the trust by an 
                            interested party which in the determination 
                            of the reporting individual creates a 
                            conflict of interest or the appearance 
                            thereof due to the subsequent assumption of 
                            duties by the reporting individual (but 
                            nothing herein shall require any such 
                            direction); and

                                (vii) the interested parties shall make 
                            no effort to obtain information with respect 
                            to the holdings of the trust, including 
                            obtaining a copy of any trust tax return 
                            filed or any information relating thereto 
                            except as otherwise provided in this 
                            subsection.

                            (D) The proposed trust instrument and the 
                        proposed trustee is approved by the reporting 
                        individual's supervising ethics office.
                            (E) For purposes of this subsection, 
                        ``interested party'' means a reporting 
                        individual, his spouse, and any minor or 
                        dependent child; ``broker'' has the meaning set 
                        forth in section 3(a)(4) of the Securities

[[Page 691]]

                        and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); 
                        and ``investment adviser'' includes any 
                        investment adviser who, as determined under 
                        regulations prescribed by the supervising ethics 
                        office, is generally involved in his role as 
                        such an adviser in the management or control of 
                        trusts.
                            (F) Any trust qualified by a supervising 
                        ethics office before the effective date of title 
                        II of the Ethics Reform Act of 1989 shall 
                        continue to be governed by the law and 
                        regulations in effect immediately before such 
                        effective date.
                (4)(A) An asset placed in a trust by an interested party 
            shall be considered a financial interest of the reporting 
            individual, for the purposes of any applicable conflict of 
            interest statutes, regulations, or rules of the Federal 
            Government (including section 208 of title 18, United States 
            Code), until such time as the reporting individual is 
            notified by the trustee that such asset has been disposed 
            of, or has a value of less than $1,000.
                (B)(i) The provisions of subparagraph (A) shall not 
            apply with respect to a trust created for the benefit of a 
            reporting individual, or the spouse, dependent child, or 
            minor child of such a person, if the supervising ethics 
            office for such reporting individual finds that--
                            (I) the assets placed in the trust consist 
                        of a well-diversified portfolio of readily 
                        marketable securities;
                            (II) none of the assets consist of 
                        securities of entities having substantial 
                        activities in the area of the reporting 
                        individual's primary area of responsibility;
                            (III) the trust instrument prohibits the 
                        trustee, notwithstanding the provisions of 
                        paragraph (3)(C) (iii) and (iv) of this 
                        subsection, from making public or informing any 
                        interested party of the sale of any securities;
                            (IV) the trustee is given power of attorney, 
                        notwithstanding the provisions of paragraph 
                        (3)(C)(v) of this subsection, to prepare on 
                        behalf of any interested party the personal 
                        income tax returns and similar returns which may 
                        contain information relating to the trust; and
                            (V) except as otherwise provided in this 
                        paragraph, the trust instrument provides (or in 
                        the case of a trust established prior to the 
                        effective date of this Act which by its terms 
                        does not permit amendment, the trustee, the 
                        reporting individual, and any other interested 
                        party agree in writing) that the trust shall be 
                        administered in accordance with the requirements 
                        of this subsection and the trustee of such trust 
                        meets the requirements of paragraph (3)(A).
                (ii) In any instance covered by subparagraph (B) in 
            which the reporting individual is an individual whose 
            nomination is being considered by a congressional committee, 
            the reporting individual shall inform the congressional 
            committee considering his nomination before or during the 
            period of such individual's confirmation hearing of his 
            intention to comply with this paragraph.
                (5)(A) The reporting individual shall, within thirty 
            days after a qualified blind trust is approved by his 
            supervising ethics office, file with such office a copy of--
                            (i) the executed trust instrument of such 
                        trust (other than those provisions which relate 
                        to the testamentary disposition of the trust 
                        assets), and

[[Page 692]]

                            (ii) a list of the assets which were 
                        transferred to such trust, including the 
                        category of value of each asset as determined 
                        under subsection (d) of this section.

            This subparagraph shall not apply with respect to a trust 
            meeting the requirements for being considered a qualified 
            blind trust under paragraph (7) of this subsection.

                (B) The reporting individual shall, within thirty days 
            of transferring an asset (other than cash) to a previously 
            established qualified blind trust, notify his supervising 
            ethics office of the identity of each such asset and the 
            category of value of each asset as determined under 
            subsection (d) of this section.
                (C) Within thirty days of the dissolution of a qualified 
            blind trust, a reporting individual shall--
                            (i) notify his supervising ethics office of 
                        such dissolution, and
                            (ii) file with such office a copy of a list 
                        of the assets of the trust at the time of such 
                        dissolution and the category of value under 
                        subsection (d) of this section of each such 
                        asset.
                (D) Documents filed under subparagraphs (A), (B), and 
            (C) of this paragraph and the lists provided by the trustee 
            of assets placed in the trust by an interested party which 
            have been sold shall be made available to the public in the 
            same manner as a report is made available under section 105 
            and the provisions of that section shall apply with respect 
            to such documents and lists.
                (E) A copy of each written communication with respect to 
            the trust under paragraph (3)(C)(vi) shall be filed by the 
            person initiating the communication with the reporting 
            individual's supervising ethics office within five days of 
            the date of the communication.
                (6)(A) A trustee of a qualified blind trust shall not 
            knowingly and willfully, or negligently, (i) disclose any 
            information to an interested party with respect to such 
            trust that may not be disclosed under paragraph (3) of this 
            subsection; (ii) acquire any holding the ownership of which 
            is prohibited by the trust instrument; (iii) solicit advice 
            from any interested party with respect to such trust, which 
            solicitation is prohibited by paragraph (3) of this 
            subsection or the trust agreement; or (iv) fail to file any 
            document required by this subsection.
                (B) A reporting individual shall not knowingly and 
            willfully, or negligently, (i) solicit or receive any 
            information with respect to a qualified blind trust of which 
            he is an interested party that may not be disclosed under 
            paragraph (3)(C) of this subsection; or (ii) fail to file 
            any document required by this subsection.
                (C)(i) The Attorney General may bring a civil action in 
            any appropriate United States district court against any 
            individual who knowingly and willfully violates the 
            provisions of subparagraph (A) or (B) of this paragraph. The 
            court in which such action is brought may assess against 
            such individual a civil penalty in any amount not to exceed 
            $10,000.
                (ii) The Attorney General may bring a civil action in 
            any appropriate United States district court against any 
            individual who negligently violates the provisions of 
            subparagraph (A) or (B) of this paragraph. The court in 
            which such action is brought may assess against such 
            individual a civil penalty in any amount not to exceed 
            $5,000.
                (7) Any trust may be considered to be a qualified blind 
            trust if--
                            (A) the trust instrument is amended to 
                        comply with the requirements of paragraph (3) 
                        or, in the case of a trust instrument which

[[Page 693]]

                        does not by its terms permit amendment, the 
                        trustee, the reporting individual, and any other 
                        interested party agree in writing that the trust 
                        shall be administered in accordance with the 
                        requirements of this subsection and the trustee 
                        of such trust meets the requirements of 
                        paragraph (3)(A); except that in the case of any 
                        interested party who is a dependent child, a 
                        parent or guardian of such child may execute the 
                        agreement referred to in this subparagraph;
                            (B) a copy of the trust instrument (except 
                        testamentary provisions) and a copy of the 
                        agreement referred to in subparagraph (A), and a 
                        list of the assets held by the trust at the time 
                        of approval by the supervising ethics office, 
                        including the category of value of each asset as 
                        determined under subsection (d) of this section, 
                        are filed with such office and made available to 
                        the public as provided under paragraph (5)(D) of 
                        this subsection; and
                            (C) the supervising ethics office determines 
                        that approval of the trust arrangement as a 
                        qualified blind trust is in the particular case 
                        appropriate to assure compliance with applicable 
                        laws and regulations.
                (8) A reporting individual shall not be required to 
            report the financial interest held by a widely held 
            investment fund (whether such fund is a mutual fund, 
            regulated investment company, pension or deferred 
            compensation plan, or other investment fund), if--
                            (A)(i) the fund is publicly traded; or
                            (ii) the assets of the fund are widely 
                        diversified; and
                            (B) the reporting individual neither 
                        exercises control over nor has the ability to 
                        exercise control over the financial interests 
                        held by the fund.
                (g) Political campaign funds, including campaign 
            receipts and expenditures, need not be included in any 
            report filed pursuant to this title.
                (h) A report filed pursuant to subsection (a), (d), or 
            (e) of section 101 need not contain the information 
            described in subparagraphs (A), (B), and (C) of subsection 
            (a)(2) with respect to gifts and reimbursements received in 
            a period when the reporting individual was not an officer or 
            employee of the Federal Government.
                (i) a reporting individual shall not be required under 
            this title to report--
                            (1) financial interests in or income derived 
                        from--

                                (A) any retirement system under title 5, 
                            United States Code (including the Thrift 
                            Savings Plan under subchapter III of chapter 
                            84 of such title); or

                                (B) any other retirement system 
                            maintained by the United States for officers 
                            or employees of the United States, including 
                            the President, or for members of the 
                            uniformed services; or

                            (2) benefits received under the Social 
                        Security Act.

            (Pub. L. 95-521, Title I, Sec. 102, Oct. 26, 1978, 92 Stat. 
            1825; Pub. L. 96-19, Sec. Sec. 3(a)(1), (b), 6(a), 7(a)-
            (d)(1), (f), 9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39-
            43; Pub. L. 97-51, Sec. 130(b), Oct. 1, 1981, 95 Stat. 966; 
            Pub. L. 98-150, Sec. 10, Nov. 11, 1983, 97 Stat. 962; Pub. 
            L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat. 
            1727; Pub. L. 101-280, Sec. 3(3), May 4, 1990, 104 Stat. 
            152; Pub. L. 102-90, Title III, Sec. 314(a), Aug. 14, 1991, 
            105 Stat. 469; Pub. L. 104-65, Sec. Sec. 20, 22(a), (b), 
            Dec. 19, 1995, 109 Stat. 704, 705.)

[[Page 694]]


       912  Sec. 103. Filing of reports.
                (a) Except as otherwise provided in this section, the 
            reports required under this title shall be filed by the 
            reporting individual with the designated agency ethics 
            official at the agency by which he is employed (or in the 
            case of an individual described in section 101(e), was 
            employed) or in which he will serve. The date any report is 
            received (and the date of receipt of any supplemental 
            report) shall be noted on such report by such official.
                (b) The President, the Vice President, and independent 
            counsel and persons appointed by independent counsel under 
            chapter 40 of title 28, United States Code, shall file 
            reports required under this title with the Director of the 
            Office of Government Ethics.
                (c) Copies of the reports required to be filed under 
            this title by the Postmaster General, the Deputy Postmaster 
            General, the Governors of the Board of Governors of the 
            United States Postal Service, designated agency ethics 
            officials, employees described in section 105(a)(2) (A) or 
            (B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or (b)(1)(A)(i), 
            of title 3, United States Code, candidates for the office of 
            President or Vice President and officers and employees in 
            (and nominees to) offices or positions which require 
            confirmation by the Senate or by both Houses of Congress 
            other than individuals nominated to be judicial officers and 
            those referred to in subsection (f) shall be transmitted to 
            the Director of the Office of Government Ethics. The 
            Director shall forward a copy of the report of each nominee 
            to the congressional committee considering the nomination.
                (d) Reports required to be filed under this title by the 
            Director of the Office of Government Ethics shall be filed 
            in the Office of Government Ethics and, immediately after 
            being filed, shall be made available to the public in 
            accordance with this title.
                (e) Each individual identified in section 101(c) who is 
            a candidate for nomination or election to the Office of 
            President or Vice President shall file the reports required 
            by this title with the Federal Election Commission.
                (f) Reports required of members of the uniformed 
            services shall be filed with the Secretary concerned.
                (g) Each supervising ethics office shall develop and 
            make available forms for reporting the information required 
            by this title.
                (h)(1) The reports required under this title shall be 
            filed by a reporting individual with--
                            (A)(i)(I) the Clerk of the House of 
                        Representatives, in the case of a Representative 
                        in Congress, a Delegate to Congress, the 
                        Resident Commissioner from Puerto Rico, an 
                        officer or employee of the Congress whose 
                        compensation is disbursed by the Chief 
                        Administrative Officer of the House of 
                        Representatives, an officer or employee of the 
                        Architect of the Capitol, the United States 
                        Botanic Garden, the Congressional Budget Office, 
                        the Government Printing Office, the Library of 
                        Congress, or the Copyright Royalty Tribunal 
                        (including any individual terminating service, 
                        under section 101(e), in any office or position 
                        referred to in this subclause), or an individual 
                        described in section 101(c) who is a candidate 
                        for nomination or election as a Representative 
                        in Congress, a Delegate to Congress, or the 
                        Resident Commissioner from Puerto Rico; and

[[Page 695]]

                            (II) the Secretary of the Senate, in the 
                        case of a Senator, an officer or employee of the 
                        Congress whose compensation is disbursed by the 
                        Secretary of the Senate, an officer or employee 
                        of the General Accounting Office, the Office of 
                        Technology Assessment, or the Office of the 
                        Attending Physician (including any individual 
                        terminating service, under section 101(e), in 
                        any office or position referred to in this 
                        subclause), or an individual described in 
                        section 101(c) who is a candidate for nomination 
                        or election as a Senator; and
                            (ii) in the case of an officer or employee 
                        of the Congress as described under section 
                        101(f)(10) who is employed by an agency or 
                        commission established in the legislative branch 
                        after the date of the enactment of the Ethics 
                        Reform Act of 1989--

                                (I) the Secretary of the Senate or the 
                            Clerk of the House of Representatives, as 
                            the case may be, as designated in the 
                            statute establishing such agency or 
                            commission; or

                                (II) if such statute does not designate 
                            such committee, the Secretary of the Senate 
                            for agencies and commissions established in 
                            even numbered calendar years, and the Clerk 
                            of the House of Representatives for agencies 
                            and commissions established in odd numbered 
                            calendar years; and

                            (B) the Judicial Conference with regard to a 
                        judicial officer or employee described under 
                        paragraphs (11) and (12) of section 101(f) 
                        (including individuals terminating service in 
                        such office or position under section 101(e) or 
                        immediately preceding service in such office or 
                        position).
                (2) The date any report is received (and the date of 
            receipt of any supplemental report) shall be noted on such 
            report by such committee.
                (i) A copy of each report filed under this title by a 
            Member or an individual who is a candidate for the office of 
            Member shall be sent by the Clerk of the House of 
            Representatives or Secretary of the Senate, as the case may 
            be, to the appropriate State officer designated under 
            section 316(a) of the Federal Election Campaign Act of 1971 
            of the State represented by the Member or in which the 
            individual is a candidate, as the case may be, within the 
            30-day period beginning on the day the report is filed with 
            the Clerk or Secretary.
                (j)(1) A copy of each report filed under this title with 
            the Clerk of the House of Representatives shall be sent by 
            the Clerk to the Committee on Standards of Official Conduct 
            of the House of Representatives within the 7-day period 
            beginning on the day the report is filed.
                (2) A copy of each report filed under this title with 
            the Secretary of the Senate shall be sent by the Secretary 
            to the Select Committee on Ethics of the Senate within the 
            7-day period beginning on the day the report is filed.
                (k) In carrying out their responsibilities under this 
            title with respect to candidates for office, the Clerk of 
            the House of Representatives and the Secretary of the Senate 
            shall avail themselves of the assistance of the Federal 
            Election Commission. The Commission shall make available to 
            the Clerk and the Secretary on a regular basis a complete 
            list of names and addresses of all candidates registered 
            with the Commission, and shall cooperate and coordinate its 
            candidate information and notification program with the 
            Clerk and the Secretary to the greatest extent possible. 
            (Pub. L. 95-521, Title I, Sec.  103, Oct. 26, 1978, 92 Stat. 
            1831; Pub. L. 96-19, Sec. Sec.  4(b)(2), 9(a), June 13, 
            1979, 93 Stat.

[[Page 696]]

            40, 42; Pub. L. 101-194, Title II, Sec.  202, Nov. 30, 1989, 
            103 Stat. 1736; Pub. L. 101-280, Sec.  3(1), (4), May 4, 
            1990, 104 Stat. 152, 153; Pub. L. 102-90, Title III, Sec.  
            313(1), Aug. 14, 1991, 105 Stat. 469; Pub. L. 104-186, Title 
            II, Sec. 216(1), Aug. 20, 1996, 110 Stat. 1747.)
       913  Sec. 104. Failure to file or filing false reports.
                (a) The Attorney General may bring a civil action in any 
            appropriate United States district court against any 
            individual who knowingly and willfully falsifies or who 
            knowingly and willfully fails to file or report any 
            information that such individual is required to report 
            pursuant to section 102. The court in which such action is 
            brought may assess against such individual a civil penalty 
            in any amount, not to exceed $10,000.
                (b) The head of each agency, each Secretary concerned, 
            the Director of the Office of Government Ethics, each 
            congressional ethics committee, or the Judicial Conference, 
            as the case may be, shall refer to the Attorney General the 
            name of any individual which such official or committee has 
            reasonable cause to believe has willfully failed to file a 
            report or has willfully falsified or willfully failed to 
            file information required to be reported. Whenever the 
            Judicial Conference refers a name to the Attorney General 
            under this subsection, the Judicial Conference also shall 
            notify the judicial council of the circuit in which the 
            named individual serves of the referral.
                (c) The President, the Vice President, the Secretary 
            concerned, the head of each agency, the Office of Personnel 
            Management, a congressional ethics committee, and the 
            Judicial Conference, may take any appropriate personnel or 
            other action in accordance with applicable law or regulation 
            against any individual failing to file a report or 
            falsifying or failing to report information required to be 
            reported.
                (d)(1) Any individual who files a report required to be 
            filed under this title more than 30 days after the later 
            of--
                            (A) the date such report is required to be 
                        filed pursuant to the provisions of this title 
                        and the rules and regulations promulgated 
                        thereunder; or
                            (B) if a filing extension is granted to such 
                        individual under section 101(g), the last day of 
                        the filing extension period,

            shall, at the direction of and pursuant to regulations 
            issued by the supervising ethics office, pay a filing fee of 
            $200. All such fees shall be deposited in the miscellaneous 
            receipts of the Treasury. The authority under this paragraph 
            to direct the payment of a filing fee may be delegated by 
            the supervising ethics office in the executive branch to 
            other agencies in the executive branch.

                (2) The supervising ethics office may waive the filing 
            fee under this subsection in extraordinary circumstances. 
            (Pub. L. 95-521, Title I, Sec. 104, Oct. 26, 1978, 92 Stat. 
            1832; Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41; 
            Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103 
            Stat. 1737; Pub. L. 101-280, Sec. 3(1), (5), May 4, 1990, 
            104 Stat. 152, 154; Pub. L. 101-650, Title IV, Sec. 405, 
            Dec. 1, 1990, 104 Stat. 5124.)
       914  Sec. 105. Custody of and public access to reports.
                (a) Each agency, each supervising ethics office in the 
            executive or judicial branch, the Clerk of the House of 
            Representatives, and the Secretary of the Senate shall make 
            available to the public, in accordance

[[Page 697]]

            with subsection (b), each report filed under this title with 
            such agency or office or with the Clerk or the Secretary of 
            the Senate, except that--
                            (1) this section does not require public 
                        availability of a report filed by any individual 
                        in the Central Intelligence Agency, the Defense 
                        Intelligence Agency, the National Imagery and 
                        Mapping Agency, or the National Security Agency, 
                        or any individual engaged in intelligence 
                        activities in any agency of the United States, 
                        if the President finds or has found that, due to 
                        the nature of the office or position occupied by 
                        such individual, public disclosure of such 
                        report would be revealing the identity of the 
                        individual or other sensitive information, 
                        compromise the national interest of the United 
                        States; and such individuals may be authorized, 
                        notwithstanding section 104(a), to file such 
                        additional reports as are necessary to protect 
                        their identity from public disclosure if the 
                        President first finds or has found that such 
                        filing is necessary in the national interest; 
                        and
                            (2) any report filed by an independent 
                        counsel whose identity has not been disclosed by 
                        the division of the court under chapter 40 of 
                        title 28, United States Code, and any report 
                        filed by any person appointed by that 
                        independent counsel under such chapter, shall 
                        not be made available to the public under this 
                        title.
                (b)(1) Except as provided in the second sentence of this 
            subsection, each agency, each supervising ethics office in 
            the executive or judicial branch, the Clerk of the House of 
            Representatives, and the Secretary of the Senate shall, 
            within thirty days after any report is received under this 
            title by such agency or office or by the Clerk or the 
            Secretary of the Senate, as the case may be, permit 
            inspection of such report by or furnish a copy of such 
            report to any person requesting such inspection or copy. 
            With respect to any report required to be filed by May 15 of 
            any year, such report shall be made available for public 
            inspection within 30 calendar days after May 15 of such year 
            or within 30 days of the date of filing of such a report for 
            which an extension is granted pursuant to section 101(g). 
            The agency, office, Clerk, or Secretary of the Senate, as 
            the case may be, may require a reasonable fee to be paid in 
            any amount which is found necessary to recover the cost of 
            reproduction or mailing of such report excluding any salary 
            of any employee involved in such reproduction or mailing. A 
            copy of such report may be furnished without charge or at a 
            reduced charge if it is determined that waiver or reduction 
            of the fee is in the public interest.
                (3)(A) This section does not require the immediate and 
            unconditional availability of reports filed by an individual 
            described in section 109(8) or 109(10) of this Act if a 
            finding is made by the Judicial Conference, in consultation 
            with United States Marshall Service, that revealing personal 
            and sensitive information could endanger that individual.
                (B) A report may be redacted pursuant to this paragraph 
            only--
                            (i) to the extent necessary to protect the 
                        individual who filed the report; and
                            (ii) for as long as the danger to such 
                        individual exists.
                (C) The Administrative Office of the United States 
            Courts shall submit to the Committees on the Judiciary of 
            the House of Representatives and of the Senate an annual 
            report with respect to the operation of this paragraph 
            including--

[[Page 698]]

                            (i) the total number of reports redacted 
                        pursuant to this paragraph;
                            (ii) the total number of individuals whose 
                        reports have been redacted pursuant to this 
                        paragraph; and
                            (iii) the types of threats against 
                        individuals whose reports are redacted, if 
                        appropriate.
                (D) The Judicial Conference, in consultation with the 
            Department of Justice, shall issue regulations setting forth 
            the circumstances under which redaction is appropriate under 
            this paragraph and the procedures for redaction.
                (E) This paragraph shall expire on December 31, 2005, 
            and apply to filings through calendar year 2005.
                (2) Notwithstanding paragraph (1), a report may not be 
            made available under this section to any person nor may any 
            copy thereof be provided under this section to any person 
            except upon a written application by such person stating--
                            (A) that person's name, occupation and 
                        address;
                            (B) the name and address of any other person 
                        or organization on whose behalf the inspection 
                        or copy is requested; and
                            (C) that such person is aware of the 
                        prohibitions on the obtaining or use of the 
                        report.

            Any such application shall be made available to the public 
            throughout the period during which the report is made 
            available to the public.

                (c)(1) It shall be unlawful for any person to obtain or 
            use a report--
                            (A) for any unlawful purpose;
                            (B) for any commercial purpose, other than 
                        by news and communications media for 
                        dissemination to the general public;
                            (C) for determining or establishing the 
                        credit rating of any individual; or
                            (D) for use, directly or indirectly, in the 
                        solicitation of money for any political, 
                        charitable, or other purpose.
                (2) The Attorney General may bring a civil action 
            against any person who obtains or uses a report for any 
            purpose prohibited in paragraph (1) of this subsection. The 
            court in which such action is brought may assess against 
            such person a penalty in any amount not to exceed $10,000. 
            Such remedy shall be in addition to any other remedy 
            available under statutory or common law.
                (d) Any report filed with or transmitted to an agency or 
            supervising ethics office or to the Clerk of the House of 
            Representatives or the Secretary of the Senate pursuant to 
            this title shall be retained by such agency or office or by 
            the Clerk or the Secretary of the Senate, as the case may 
            be. Such report shall be made available to the public for a 
            period of six years after receipt of the report. After such 
            six-year period the report shall be destroyed unless needed 
            in an ongoing investigation, except that in the case of an 
            individual who filed the report pursuant to section 101(b) 
            and was not subsequently confirmed by the Senate, or who 
            filed the report pursuant to section 101(c) and was not 
            subsequently elected, such report shall be destroyed one 
            year after the individual either is no longer under 
            consideration by the Senate or is no longer a candidate for 
            nomination or election to the Office of President, Vice 
            President, or as a Member of Congress, unless needed in an 
            ongoing investigation. (Pub. L. 95-521, Title I, Sec. 105, 
            Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101-194, Title II, 
            Sec. 202, Nov. 30, 1989,

[[Page 699]]

            103 Stat. 1737; Pub. L. 101-280, Sec. 3(6), May 4, 1990, 104 
            Stat. 154; Pub. L. 102-90, Title III, Sec. 313(2), Aug. 14, 
            1991, 105 Stat. 469; Pub. L. 103-359, Title V, Sec. 501(m), 
            Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104-201, Div. A, 
            Title XI, Sec. 1122(b)(2), Sept. 23, 1996, 110 Stat. 2687; 
            Pub. L. 105-318, Sec. 7, Oct. 30, 1998, 112 Stat. 3011; Pub. 
            L. 107-126, Jan. 16, 2002, 115 Stat. 2404.)
       915  Sec. 106. Review of reports.
                (a)(1) Each designated agency ethics official or 
            Secretary concerned shall make provisions to ensure that 
            each report filed with him under this title is reviewed 
            within sixty days after the date of such filing, except that 
            the Director of the Office of Government Ethics shall review 
            only those reports required to be transmitted to him under 
            this title within sixty days after the date of transmittal.
                (2) Each congressional ethics committee and the Judicial 
            Conference shall make provisions to ensure that each report 
            filed under this title is reviewed within sixty days after 
            the date of such filing.
                (b)(1) If after reviewing any report under subsection 
            (a), the Director of the Office of Government Ethics, the 
            Secretary concerned, the designated agency ethics official, 
            a person designated by the congressional ethics committee, 
            or a person designated by the Judicial Conference, as the 
            case may be, is of the opinion that on the basis of 
            information contained in such report the individual 
            submitting such report is in compliance with applicable laws 
            and regulations, he shall state such opinion on the report, 
            and shall sign such report.
                (2) If the Director of the Office of Government Ethics, 
            the Secretary concerned, the designated agency ethics 
            official, a person designated by the congressional ethics 
            committee, or a person designated by the Judicial 
            Conference, after reviewing any report under subsection 
            (a)--
                            (A) believes additional information is 
                        required to be submitted, he shall notify the 
                        individual submitting such report what 
                        additional information is required and the time 
                        by which it must be submitted, or
                            (B) is of the opinion, on the basis of 
                        information submitted, that the individual is 
                        not in compliance with applicable laws and 
                        regulations, he shall notify the individual, 
                        afford a reasonable opportunity for a written or 
                        oral response, and after consideration of such 
                        response, reach an opinion as to whether or not, 
                        on the basis of information submitted, the 
                        individual is in compliance with such laws and 
                        regulations.
                (3) If the Director of the Office of Government Ethics, 
            the Secretary concerned, the designated agency ethics 
            official, a person designated by a congressional ethics 
            committee, or a person designated by the Judicial 
            Conference, reaches an opinion under paragraph (2)(B) that 
            an individual is not in compliance with applicable laws and 
            regulations, the official or committee shall notify the 
            individual of that opinion and, after an opportunity for 
            personal consultation (if practicable), determine and notify 
            the individual of which steps, if any, would in the opinion 
            of such official or committee be appropriate for assuring 
            compliance with such laws and regulations and the date by 
            which such steps should be taken. Such steps may include, as 
            appropriate--
                            (A) divestiture,
                            (B) restitution,
                            (C) the establishment of a blind trust,

[[Page 700]]

                            (D) request for an exemption under section 
                        208(b) of title 18, United States Code, or
                            (E) voluntary request for transfer, 
                        reassignment, limitation of duties, or 
                        resignation.

            The use of any such steps shall be in accordance with such 
            rules or regulations as the supervising ethics office may 
            prescribe.

                (4) If steps for assuring compliance with applicable 
            laws and regulations are not taken by the date set under 
            paragraph (3) by an individual in a position in the 
            executive branch (other than in the Foreign Service or the 
            uniformed services), appointment to which requires the 
            advice and consent of the Senate, the matter shall be 
            referred to the President for appropriate action.
                (5) If steps for assuring compliance with applicable 
            laws and regulations are not taken by the date set under 
            paragraph (3) by a member of the Foreign Service or the 
            uniformed services, the Secretary concerned shall take 
            appropriate action.
                (6) If steps for assuring compliance with applicable 
            laws and regulations are not taken by the date set under 
            paragraph (3) by any other officer or employee, the matter 
            shall be referred to the head of the appropriate agency, the 
            congressional ethics committee, or the Judicial Conference, 
            for appropriate action; except that in the case of the 
            Postmaster General or Deputy Postmaster General, the 
            Director of the Office of Government Ethics shall recommend 
            to the Governors of the Board of Governors of the United 
            States Postal Service the action to be taken.
                (7) Each supervising ethics office may render advisory 
            opinions interpreting this title within its respective 
            jurisdiction. Notwithstanding any other provision of law, 
            the individual to whom a public advisory opinion is rendered 
            in accordance with this paragraph, and any other individual 
            covered by this title who is involved in a fact situation 
            which is indistinguishable in all material aspects, and who 
            acts in good faith in accordance with the provisions and 
            findings of such advisory opinion shall not, as a result of 
            such act, be subject to any penalty or sanction provided by 
            this title. (Pub. L. 95-521, Title I, Sec. 106, Oct. 26, 
            1978, 92 Stat. 1833; Pub. L. 101-194, Title II, Sec. 202, 
            Nov. 30, 1989, 103 Stat. 1739; Pub. L. 101-280, Sec. 3(1), 
            (7), May 4, 1990, 104 Stat. 152, 155.)
       916  Sec. 107. Confidential reports and other additional 
                requirements.
                (a)(1) Each supervising ethics office may require 
            officers and employees under its jurisdiction (including 
            special Government employees as defined in section 202 of 
            title 18, United States Code) to file confidential financial 
            disclosure reports, in such form as the supervising ethics 
            office may prescribe. The information required to be 
            reported under this subsection by the officers and employees 
            of any department or agency shall be set forth in rules or 
            regulations prescribed by the supervising ethics office, and 
            may be less extensive than otherwise required by this title, 
            or more extensive when determined by the supervising ethics 
            office to be necessary and appropriate in light of sections 
            202 through 209 of title 18, United States Code, regulations 
            promulgated thereunder, or the authorized activities of such 
            officers or employees. Any individual required to file a 
            report pursuant to section 101 shall not be required to file 
            a confidential report pursuant to this subsection, except 
            with respect to information which is more extensive than 
            information otherwise required by this title. Subsections 
            (a), (b), and (d) of section 105 shall not apply with 
            respect to any such report.

[[Page 701]]

                (2) Any information required to be provided by an 
            individual under this subsection shall be confidential and 
            shall not be disclosed to the public.
                (3) Nothing in this subsection exempts any individual 
            otherwise covered by the requirement to file a public 
            financial disclosure report under this title from such 
            requirement.
                (b) The provisions of this title requiring the reporting 
            of information shall supersede any general requirement under 
            any other provision of law or regulation with respect to the 
            reporting of information required for purposes of preventing 
            conflicts of interest or apparent conflicts of interest. 
            Such provisions of this title shall not supersede the 
            requirements of section 7342 of title 5, United States Code.
                (c) Nothing in this Act requiring reporting of 
            information shall be deemed to authorize the receipt of 
            income, gifts, or reimbursements; the holding of assets, 
            liabilities, or positions; or the participation in 
            transactions that are prohibited by law, Executive order, 
            rule, or regulation. (Pub. L. 95-521, Title I, Sec. 107, 
            Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96-19, Sec. 9(d), (g), 
            June 13, 1979, 93 Stat. 42, 43; Pub. L. 101-194, Title II, 
            Sec. 202 Nov. 30, 1989, 103 Stat. 1740.)
       917  Sec. 108. Authority of Comptroller General.
                (a) The Comptroller General shall have access to 
            financial disclosure reports filed under this title for the 
            purposes of carrying out his statutory responsibilities.
                (b) No later than December 31, 1992, and regularly 
            thereafter, the Comptroller General shall conduct a study to 
            determine whether the provisions of this title are being 
            carried out effectively. (Pub. L. 95-521, Title I, Sec. 108, 
            Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96-19, Sec. 9(t), June 
            13, 1979, 93 Stat. 44; Pub. L. 101-194, Title II, Sec. 202, 
            Nov. 30, 1989, 103 Stat. 1741.)
       918  Sec. 109. Definitions.
                For the purposes of this title, the term--
                            (1) ``congressional ethics committees'' 
                        means the Select Committee on Ethics of the 
                        Senate and the Committee on Standards of 
                        Official Conduct of the House of 
                        Representatives;
                            (2) ``dependent child'' means, when used 
                        with respect to any reporting individual, any 
                        individual who is a son, daughter, stepson, or 
                        stepdaughter and who--

                                (A) is unmarried and under age 21 and is 
                            living in the household of such reporting 
                            individual; or

                                (B) is a dependent of such reporting 
                            individual within the meaning of section 152 
                            of the Internal Revenue Code of 1986;

                            (3) ``designated agency ethics official'' 
                        means an officer or employee who is designated 
                        to administer the provisions of this title 
                        within an agency;
                            (4) ``executive branch'' includes each 
                        Executive agency (as defined in section 105 of 
                        title 5, United States Code), other than the 
                        General Accounting Office, and any other entity 
                        or administrative unit in the executive branch;
                            (5) ``gift'' means a payment, advance, 
                        forbearance, rendering, or deposit of money, or 
                        any thing of value, unless consideration of 
                        equal or greater value is received by the donor, 
                        but does not include--

[[Page 702]]

                                (A) bequest and other forms of 
                            inheritance;

                                (B) suitable mementos of a function 
                            honoring the reporting individual;

                                (C) food, lodging, transportation, and 
                            entertainment provided by a foreign 
                            government within a foreign country or by 
                            the United States Government, the District 
                            of Columbia, or a State or local government 
                            or political subdivision thereof;

                                (D) food and beverages which are not 
                            consumed in connection with a gift of 
                            overnight lodging;

                                (E) communications to the offices of a 
                            reporting individual, including 
                            subscriptions to newspapers and periodicals; 
                            or

                                (F) consumable products provided by 
                            home-State businesses to the offices of a 
                            reporting individual who is an elected 
                            official, if those products are intended for 
                            consumption by persons other than such 
                            reporting individual;

                            (6) ``honoraria'' has the meaning given such 
                        term in section 505 of this Act;
                            (7) ``income'' means all income from 
                        whatever source derived, including but not 
                        limited to the following items: compensation for 
                        services, including fees, commissions, and 
                        similar items; gross income derived from 
                        business (and net income if the individual 
                        elects to include it); gains derived from 
                        dealings in property; interest; rents; 
                        royalties; dividends; annuities; income from 
                        life insurance and endowment contracts; 
                        pensions; income from discharge of indebtedness; 
                        distributive share of partnership income; and 
                        income from an interest in an estate or trust;
                            (8) ``judicial employee'' means any employee 
                        of the judicial branch of the Government, of the 
                        United States Sentencing Commission, of the Tax 
                        Court, of the Court of Federal Claims, of the 
                        Court of Appeals for Veterans Claims, or of the 
                        United States Court of Appeals for the Armed 
                        Forces, who is not a judicial officer and who is 
                        authorized to perform adjudicatory functions 
                        with respect to proceedings in the judicial 
                        branch, or who occupies a position for which the 
                        rate of basic pay is equal to or greater than 
                        120 percent of the minimum rate of basic pay 
                        payable for GS-15 of the General Schedule;
                            (9) ``Judicial Conference'' means the 
                        Judicial Conference of the United States;
                            (10) ``judicial officer'' means the Chief 
                        Justice of the United States, the Associate 
                        Justices of the Supreme Court, and the judges of 
                        the United States courts of appeals, United 
                        States district courts, including the district 
                        courts in Guam, the Northern Mariana Islands, 
                        and the Virgin Islands, Court of Appeals for the 
                        Federal Circuit, Court of International Trade, 
                        Tax Court, Court of Federal Claims, Court of 
                        Appeals for Veterans Claims, United States Court 
                        of Appeals for the Armed Forces, and any court 
                        created by Act of Congress, the judges of which 
                        are entitled to hold office during good 
                        behavior;
                            (11) ``legislative branch'' includes--

                                (A) the Architect of the Capitol;

                                (B) the Botanic Gardens;

                                (C) the Congressional Budget Office;

                                (D) the General Accounting Office;

[[Page 703]]

                                (E) the Government Printing Office;

                                (F) the Library of Congress;

                                (G) the United States Capitol Police;

                                (H) the Office of Technology Assessment; 
                            and

                                (I) any other agency, entity, office, or 
                            commission established in the legislative 
                            branch;

                            (12) ``Member of Congress'' means a United 
                        States Senator, a Representative in Congress, a 
                        Delegate to Congress, or the Resident 
                        Commissioner from Puerto Rico;
                            (13) ``officer or employee of the Congress'' 
                        means--

                                (A) any individual described under 
                            subparagraph (B), other than a Member of 
                            Congress or the Vice President, whose 
                            compensation is disbursed by the Secretary 
                            of the Senate or the Chief Administrative 
                            Officer of the House of Representatives;

                                (B)(i) each officer or employee of the 
                            legislative branch who, for at least 60 
                            days, occupies a position for which the rate 
                            of basic pay is equal to or greater than 120 
                            percent of the minimum rate of basic pay 
                            payable for GS-15 of the General Schedule; 
                            and

                                (ii) at least one principal assistant 
                            designated for purposes of this paragraph by 
                            each Member who does not have an employee 
                            who occupies a position for which the rate 
                            of basic pay is equal to or greater than 120 
                            percent of the minimum rate of basic pay 
                            payable for GS-15 of the General Schedule;

                            (14) ``personal hospitality of any 
                        individual'' means hospitality extended for a 
                        nonbusiness purpose by an individual, not a 
                        corporation or organization, at the personal 
                        residence of that individual or his family or on 
                        property or facilities owned by that individual 
                        or his family;
                            (15) ``reimbursement'' means any payment or 
                        other thing of value received by the reporting 
                        individual, other than gifts, to cover travel-
                        related expenses of such individual other than 
                        those which are--

                                (A) provided by the United States 
                            Government, the District of Columbia, or a 
                            State or local government or political 
                            subdivision thereof;

                                (B) required to be reported by the 
                            reporting individual under section 7342 of 
                            title 5, United States Code; or

                                (C) required to be reported under 
                            section 304 of the Federal Election Campaign 
                            Act of 1971 (2 U.S.C. 434);

                            (16) ``relative'' means an individual who is 
                        related to the reporting individual, as father, 
                        mother, son, daughter, brother, sister, uncle, 
                        aunt, great aunt, great uncle, first cousin, 
                        nephew, niece, husband, wife, grandfather, 
                        grandmother, grandson, granddaughter, father-in-
                        law, mother-in-law, son-in-law, daughter-in-law, 
                        brother-in-law, sister-in-law, stepfather, 
                        stepmother, stepson, stepdaughter, stepbrother, 
                        stepsister, half brother, half sister, or who is 
                        the grandfather or grandmother of the spouse of 
                        the reporting individual, and shall be deemed to 
                        include the fiance or fiancee of the reporting 
                        individual;
                            (17) ``Secretary concerned'' has the meaning 
                        set forth in section 101(a)(9) of title 10, 
                        United States Code, and, in addition, means--

                                (A) the Secretary of Commerce, with 
                            respect to matters concerning the National 
                            Oceanic and Atmospheric Administration;

[[Page 704]]

                                (B) the Secretary of Health and Human 
                            Services, with respect to matters concerning 
                            the Public Health Service; and

                                (C) the Secretary of State, with respect 
                            to matters concerning the Foreign Service;

                            (18) ``supervising ethics office'' means--

                                (A) the Select Committee on Ethics of 
                            the Senate, for Senators, officers and 
                            employees of the Senate, and other officers 
                            or employees of the legislative branch 
                            required to file financial disclosure 
                            reports with the Secretary of the Senate 
                            pursuant to section 103(h) of this title;

                                (B) the Committee on Standards of 
                            Official Conduct of the House of 
                            Representatives, for Members, officers and 
                            employees of the House of Representatives 
                            and other officers or employees of the 
                            legislative branch required to file 
                            financial disclosure reports with the Clerk 
                            of the House of Representatives pursuant to 
                            section 103(h) of this title;

                                (C) the Judicial Conference for judicial 
                            officers and judicial employees; and

                                (D) the Office of Government Ethics for 
                            all executive branch officers and employees; 
                            and

                            (19) ``value'' means a good faith estimate 
                        of the dollar value if the exact value is 
                        neither known nor easily obtainable by the 
                        reporting individual.

            (Pub. L. 95-521, Title I, Sec. 109, Oct. 26, 1978, 92 Stat. 
            1836; Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 
            103 Stat. 1724; Pub. L. 101-280, Sec. 3(1), (8), May 4, 
            1990, 104 Stat. 152, 155; Pub. L. 102-378, Sec. 4(a)(2), 
            Oct. 2, 1992, 106 Stat. 1357; Pub. L. 102-572, Title IX, 
            Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-
            160, Div. A, Title XI, Sec. 1182(d)(3), Nov. 30, 1993, 107 
            Stat. 1773; Pub. L. 103-337, Div. A, Title IX, 
            Sec. 924(d)(3), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-
            186, Title II, Sec. 216(2), Aug. 20, 1996, 110 Stat. 1747; 
            Pub. L. 105-368, Nov. 11, 1998, 112 Stat. 3342.)

       919  Sec. 110. Notice of actions taken to comply with ethics 
                agreements.
                (a) In any case in which an individual agrees with that 
            individual's designated agency ethics official, the Office 
            of Government Ethics, a Senate confirmation committee, a 
            congressional ethics committee, or the Judicial Conference, 
            to take any action to comply with this Act or any other law 
            or regulation governing conflicts of interest of, or 
            establishing standards of conduct applicable with respect 
            to, officers or employees of the Government, that individual 
            shall notify in writing the designated agency ethics 
            official, the Office of Government Ethics, the appropriate 
            committee of the Senate, the congressional ethics committee, 
            or the Judicial Conference, as the case may be, of any 
            action taken by the individual pursuant to that agreement. 
            Such notification shall be made not later than the date 
            specified in the agreement by which action by the individual 
            must be taken, or not later than three months after the date 
            of the agreement, if no date for action is so specified.
                (b) If an agreement described in subsection (a) requires 
            that the individual recuse himself or herself from 
            particular categories of agency or other official action, 
            the individual shall reduce to writing those subjects 
            regarding which the recusal agreement will apply and the 
            process by which it will be determined whether the 
            individual must recuse himself or herself in a specific 
            instance. An individual shall be considered

[[Page 705]]

            to have complied with the requirements of subsection (a) 
            with respect to such recusal agreement if such individual 
            files a copy of the document setting forth the information 
            described in the preceding sentence with such individual's 
            designated agency ethics official or the appropriate 
            supervising ethics office within the time prescribed in the 
            last sentence of subsection (a). (Pub. L. 101-194, Title II, 
            Sec. 202, Nov. 30, 1989, 103 Stat. 1744, amended Pub. L. 
            101-280, Sec. 3(1), May 4, 1990, 104 Stat. 152.)
       920  Sec. 111. Administration of provisions.
                The provisions of this title shall be administered by--
                            (1) The Director of the Office of Government 
                        Ethics, the designated agency ethics official, 
                        or the Secretary concerned, as appropriate, with 
                        regard to officers and employees described in 
                        paragraphs (1) through (8) of section 101(f);
                            (2) the Select Committee on Ethics of the 
                        Senate and the Committee on Standards of 
                        Official Conduct of the House of 
                        Representatives, as appropriate, with regard to 
                        officers and employees described in paragraphs 
                        (9) and (10) of section 101(f); and
                            (3) the Judicial Conference in the case of 
                        an officer or employee described in paragraphs 
                        (11) and (12) of section 101(f).

            The Judicial Conference may delegate any authority it has 
            under this title to an ethics committee established by the 
            Judicial Conference. (Pub. L. 95-521, Title I, Sec. 111, as 
            added Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 
            103 Stat. 1744, amended Pub. L. 101-280, Sec. 3(1), (9), May 
            4, 1990, 104 Stat. 152, 157.)

       921  Sec. 112. Repealed. (Pub.L. 101-280, Sec. 3(10)(A), May 4, 
                1990, 104 Stat. 157.)
              Governmentwide Limitations on Outside Earned Income and 
                                     Employment
                              
       922  Sec. 501. Outside earned income limitation.
                (a) Outside earned income limitation.--
                            (1) Except as provided by paragraph (2), a 
                        Member or an officer or employee who is a 
                        noncareer officer or employee and who occupies a 
                        position classified above GS-15 of the General 
                        Schedule, or in the case of positions not under 
                        the General Schedule, for which the rate of work 
                        pay is equal to or greater than 120 percent of 
                        the minimum rate of basic pay payable for GS-15 
                        of the General Schedule, may not in any calendar 
                        year have outside earned income attributable to 
                        such calendar year which exceeds 15 percent of 
                        the annual rate of basic pay for level II of the 
                        Executive Schedule under section 5313 of title 
                        5, United States Code, as of January 1 of such 
                        calendar year.
                            (2) In the case of any individual who during 
                        a calendar year becomes a Member or an officer 
                        or employee who is a noncareer officer or 
                        employee and who occupies a position classified 
                        above GS-15 of the General Schedule, or in the 
                        case of positions not under the General 
                        Schedule, for which the rate of work pay is 
                        equal to or greater than 120 percent of the 
                        minimum rate of basic pay payable for GS-15 of 
                        the General Schedule, such individual may not 
                        have outside earned income attributable to the 
                        portion

[[Page 706]]

                        of that calendar year which occurs after such 
                        individual becomes a Member or such an officer 
                        or employee which exceeds 15 percent of the 
                        annual rate of basic pay for level II of the 
                        Executive Schedule under section 5313 of title 
                        5, United States Code, as of January 1 of such 
                        calendar year multiplied by a fraction the 
                        numerator of which is the number of days such 
                        individual is a Member or such officer or 
                        employee during such calendar year and the 
                        denominator of which is 365.
                (b) Honoraria prohibition.--An individual may not 
            receive any honorarium while that individual is a Member, 
            officer or employee.
                (c) Treatment of charitable contributions.--Any 
            honorarium which, except for subsection (b), might be paid 
            to a Member, officer or employee, but which is paid instead 
            on behalf of such Member, officer or employee to a 
            charitable organization, shall be deemed not to be received 
            by such Member, officer or employee. No such payment shall 
            exceed $2,000 or be made to a charitable organization from 
            which such individual or a parent, sibling, spouse, child, 
            or dependent relative of such individual derives any 
            financial benefit. (Pub. L. 95-521, Title V, Oct. 26, 1978, 
            92 Stat. 1864, as amended Pub. L. 101-194, Title VI 
            Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760; Pub. L. 101-280, 
            Sec. 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102-378, 
            Sec. 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.)
       923  Sec. 502. Limitations on outside employment.
                (a) Limitations.--A Member or an officer or employee who 
            is a noncareer officer or employee and who occupies a 
            position classified above GS-15 of the General Schedule, or 
            in the case of positions not under the General Schedule, for 
            which the rate of basic pay is equal to or greater than 120 
            percent of the minimum rate of basic pay payable for GS-15 
            of the General Schedule, shall not--
                            (1) receive compensation for affiliating 
                        with or being employed by a firm, partnership, 
                        association, corporation, or other entity which 
                        provides professional services involving a 
                        fiduciary relationship;
                            (2) permit that Member's, officer's or 
                        employee's name to be used by any such firm, 
                        partnership, association, corporation, or other 
                        entity;
                            (3) receive compensation for practicing a 
                        profession which involves a fiduciary 
                        relationship;
                            (4) serve for compensation as an officer or 
                        member of the board of any association, 
                        corporation, or other entity; or
                            (5) receive compensation for teaching, 
                        without the prior notification and approval of 
                        the appropriate entity referred to in section 
                        503.
                (b) Teaching compensation of justices and judges retired 
            from regular active service.--For purposes of the limitation 
            under section 501(a), any compensation for teaching approved 
            under subsection (a)(5) of this section shall not be treated 
            as outside earned income--
                            (1) when received by a justice of the United 
                        States retired from regular active service under 
                        section 371(b) of title 28, United States Code;
                            (2) when received by a judge of the United 
                        States retired from regular active service under 
                        section 371(b) of title 28, United States Code, 
                        for teaching performed during any calendar year 
                        for which such judge has met the requirements of 
                        subsection (f) of section

[[Page 707]]

                        371 of title 28, United States Code, as 
                        certified in accordance with such subsection; or
                            (3) when received by a justice or judge of 
                        the United States retired from regular active 
                        service under section 372(a) of title 28, United 
                        States Code.

            (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub. L. 101-194, Title VI Sec. 601(a), Nov. 30, 
            1989, 103 Stat. 1760; Pub. L. 101-280, Sec. 7(a)(1),(b), May 
            4, 1990, 104 Stat. 161; Pub. L. 101-650, Title III, 
            Sec. 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-198, 
            Sec. 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378, 
            Sec. 4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.)

       924  Sec. 503. Administration.
                This title shall be subject to the rules and regulations 
            of--
                            (1) and administered by--

                                (A) the Committee on Standards of 
                            Official Conduct of the House of 
                            Representatives, with respect to Members, 
                            officers, and employees of the House of 
                            Representatives; and

                                (B) in the case of Senators and 
                            legislative branch officers and employees 
                            other than those officers and employees 
                            specified in subparagraph (A), the committee 
                            to which reports filed by such officers and 
                            employees under title I are transmitted 
                            under such title, except that the authority 
                            of this section may be delegated by such 
                            committee with respect to such officer and 
                            employees;

                            (2) the Office of Government Ethics and 
                        administered by designated agency ethics 
                        officials with respect to officers and employees 
                        of the executive branch; and
                            (3) and administered by the Judicial 
                        Conference of the United States (or such other 
                        agency as it may designate) with respect to 
                        officers and employees of the judicial branch. 
                        (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 
                        Stat. 1864, as amended Pub. L. 101-194, Title 
                        VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761; 
                        Pub. L. 101-280, Sec. 7(c), May 4, 1990, 104 
                        Stat. 161; Pub. L. 102-90, Title I, 
                        Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 450.)
       925  Sec. 504. Civil penalties.
                (a) Civil action.--The Attorney General may bring a 
            civil action in any appropriate United States district court 
            against any individual who violates any provision of section 
            501 or 502. The court in which such action is brought may 
            assess against such individual a civil penalty of not more 
            than $10,000 or the amount of compensation, if any, which 
            the individual received for the prohibited conduct, 
            whichever is greater.
                (b) Advisory opinions.--Any entity described in section 
            503 may render advisory opinions interpreting this title, in 
            writing, to individuals covered by this title. Any 
            individual to whom such an advisory opinion is rendered and 
            any other individual covered by this title who is involved 
            in a fact situation which is indistinguishable in all 
            material aspects, and who, after the issuance of such 
            advisory opinion, acts in good faith in accordance with its 
            provisions and findings shall not, as a result of such 
            actions, be subject to any sanction under subsection (a).

            (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30, 
            1989, 103 Stat. 1761.)

[[Page 708]]


       926  Sec. 505. Definitions.
                For purposes of this title:
                            (1) The term ``Member'' means a Senator in, 
                        a Representative in, or a Delegate or Resident 
                        Commissioner to, the Congress.
                            (2) The term ``officer or employee'' means 
                        an officer or employee of the Government except 
                        any special Government employee (as defined in 
                        section 202 of title 18, United States Code).
                            (3) The term ``honorarium'' means a payment 
                        of money or anything of value for an appearance, 
                        speech or article (including a series of 
                        appearances, speeches, or articles if the 
                        subject matter is directly related to the 
                        individual's official duties or the payment is 
                        made because of the individual's status with the 
                        Government) by a Member, officer or employee, 
                        excluding any actual and necessary travel 
                        expenses incurred by such individual (and one 
                        relative) to the extent that such expenses are 
                        paid or reimbursed by any other person, and the 
                        amount otherwise determined shall be reduced by 
                        the amount of any such expenses to the extent 
                        that such expenses are not paid or reimbursed.
                            (4) The term ``travel expenses'' means, with 
                        respect to a Member, officer or employee, or a 
                        relative of any such individual, the cost of 
                        transportation, and the cost of lodging and 
                        meals while away from his or her residence or 
                        principal place of employment.
                            (5) The term ``charitable organization'' 
                        means an organization described in section 
                        170(c) of the Internal Revenue Code of 1986.

            (Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as 
            amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30, 
            1989, 103 Stat. 1761; Pub. L. 102-90, Title I, Sec. 6(b)(2), 
            (3), Title III, Sec. 314(b), Aug. 14, 1991, 105 Stat. 450, 
            469.)
                               10 u.s.c.--armed forces

                  general and permanent laws relating to the senate


[[Page 709]]


 
                               TITLE 10.--ARMED FORCES

            
                          Chapter 2.--DEPARTMENT OF DEFENSE

                                    * * * * * * *

       930  Sec. 114. Annual authorization of appropriations.
                (a) No funds may be appropriated for any fiscal year to 
            or for the use of any armed force or obligated or expended 
            for--
                            (1) procurement of aircraft, missiles, or 
                        naval vessels;
                            (2) any research, development, test, or 
                        evaluation, or procurement or production related 
                        thereto;
                            (3) procurement of tracked combat vehicles;
                            (4) procurement of other weapons;
                            (5) procurement of naval torpedoes and 
                        related support equipment;
                            (6) military construction;
                            (7) the operation and maintenance of any 
                        armed force or of the activities and agencies of 
                        the Department of Defense (other than the 
                        military departments);
                            (8) procurement of ammunition; or
                            (9) other procurement by any armed force or 
                        by the activities and agencies of the Department 
                        of Defense (other than the military 
                        departments);

            unless funds therefore have been specifically authorized by 
            law.

                (b) In subsection (a)(6), the term ``military 
            construction'' includes any construction, development, 
            conversion, or extension of any kind which is carried out 
            with respect to any military facility or installation 
            (including any Government-owned or Government-leased 
            industrial facility used for the production of defense 
            articles and any facility to which section 2353 of this 
            title applies), any activity to which section 2807 of this 
            title applies, any activity to which chapter 1803 of this 
            title applies, and advances to the Secretary of 
            Transportation for the construction of defense access roads 
            under section 210 of title 23. Such term does not include 
            any activity to which section 2821 or 2854 of this title 
            applies.
                (c)(1) The size of the Special Defense Acquisition Fund 
            established pursuant to chapter 5 of the Arms Export Control 
            Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
                (2) Notwithstanding section 37(a) of the Arms Export 
            Control Act (22 U.S.C. 2777(a)), amounts received by the 
            United States pursuant to subparagraph (A) of section 
            21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
                            (A) shall be credited to the Special Defense 
                        Acquisition Fund established pursuant to chapter 
                        5 of that Act (22 U.S.C. 2795 et seq.), as 
                        authorized by section 51(b)(1) of that Act (22 
                        U.S.C. 2795(b)(1)), but subject to the 
                        limitation in paragraph (1) and other applicable 
                        law; and
                            (B) to the extent not so credited, shall be 
                        deposited in the Treasury as miscellaneous 
                        receipts as provided in section 3302(b) of title 
                        31.
                (d) Funds may be appropriated for the armed forces for 
            use as an emergency fund for research, development, test, 
            and evaluation, or re

[[Page 710]]

            lated procurement or production, only if the appropriation 
            of the funds is authorized by law after June 30, 1966.
                (e) In each budget submitted by the President to 
            Congress under section 1105 of title 31, amounts requested 
            for procurement of equipment for the reserve components of 
            the armed forces (including the National Guard) shall be set 
            forth separately from other amounts requested for 
            procurement for the armed forces.
                (f) In each budget submitted by the President to 
            Congress under section 1105 of title 31, amounts requested 
            for procurement of ammunition for the Navy and Marine Corps, 
            and for procurement of ammunition for the Air Force, shall 
            be set forth separately from other amounts requested for 
            procurement.

            (Added Nov. 16, 1973, P.L. 93-155, Title VIII, Sec. 803(a), 
            87 Stat. 612; Oct. 7, 1975, P.L. 94-106, Title VIII, 
            Sec. 801(a), 89 Stat. 537; July 14, 1976, P.L. 94-361, Title 
            III, Sec. 302, 90 Stat. 924; Nov. 9, 1979, P.L. 96-107, 
            Title III, Sec. 303(b), 93 Stat. 806; Sept. 8, 1980, P.L. 
            96-342, Title X, Sec. 1001(a)(1), (b), (c), (d)(1), 94 Stat. 
            1117; Dec. 12, 1980, P.L. 96-513, Title I, Sec. 102, Title 
            V, Part B, Sec. 511(4), 94 Stat. 2840, 2920; July 10, 1981, 
            P.L. 97-22, Sec. 2(b), 95 Stat. 124; Dec. 1, 1981, P.L. 97-
            86, Title III, Sec. 302, Title IX, Sec. Sec. 901(a), 902, 
            903, 95 Stat. 1104, 1113; Dec. 29, 1981, P.L. 97-113, Title 
            I, Sec. 108(b), 95 Stat. 1524; July 12, 1982, P.L. 97-214, 
            Sec. 4, 96 Stat. 170; Sept. 8, 1982, P.L. 97-252, Title IV, 
            Sec. 402(a), Title XI, Sec. Sec. 1103, 1105, 96 Stat. 725, 
            738; Oct. 12, 1982, P.L. 97-295, Sec. 1(3), (4), 96 Stat. 
            1289; Oct. 19, 1984, P.L. 98-525, Title XIV, Sec. 1405(2), 
            98 Stat. 2621; Nov. 8, 1985, P.L. 99-145, Title XII, Part A, 
            Sec. 1208, Title XIV, Part A, Sec. 1403, 99 Stat. 723, 743; 
            Oct. 1, 1986, P.L. 99-433, Title I, Sec. Sec. 101(a)(2) in 
            part, 110(b), 100 Stat. 994, 1002; Nov. 14, 1986, P.L. 99-
            661, Div. A, Title I, Part A, Sec. 105(d), Title XIII, Part 
            A, Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, P.L. 
            100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, P.L. 100-
            180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat. 1154; 
            Nov. 29, 1989, P.L. 101-189, Div. A, Title XVI, Part A, 
            Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, P.L. 101-510, 
            Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat. 1704; 
            Feb. 10, 1996, P.L. 104-106, Div. A, Title XV, 
            Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, P.L. 104-
            201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat. 
            2632.)

       931  Sec. 115. Personnel strengths: requirement for annual 
                authorization.
                (a) Congress shall authorize personnel strength levels 
            for each fiscal year for each of the following:
                            (1) The end strength for each of the armed 
                        forces (other than the Coast Guard) for (A) 
                        active-duty personnel who are to be paid from 
                        funds appropriated for active-duty personnel, 
                        and (B) active-duty personnel and full-time 
                        National Guard duty personnel who are to be paid 
                        from funds appropriated for reserve personnel.
                            (2) The end strength for the Selected 
                        Reserve of each reserve component of the armed 
                        forces.
                (b) No funds may be appropriated for any fiscal year to 
            or for--
                            (1) the use of active-duty personnel or 
                        full-time National Guard duty personnel of any 
                        of the armed forces (other than the Coast Guard) 
                        unless the end strength for such personnel of 
                        that armed force for that fiscal year has been 
                        authorized by law; or

[[Page 711]]

                            (2) the use of the Selected Reserve of any 
                        reserve component of the armed forces unless the 
                        end strength for the Selected Reserve of that 
                        component for that fiscal year has been 
                        authorized by law.
                (c) Upon determination by the Secretary of Defense that 
            such action is in the national interest, the Secretary may--
                            (1) increase the end strength authorized 
                        pursuant to subsection (a)(1)(A) for a fiscal 
                        year for any of the armed forces by a number 
                        equal to not more than 2 percent of that end 
                        strength; and
                            (2) increase the end strength authorized 
                        pursuant to subsection (a)(1)(B) for a fiscal 
                        year for any of the armed forces by a number 
                        equal to not more than 2 percent of that end 
                        strength; and
                            (3) vary the end strength authorized 
                        pursuant to subsection (a)(2) for a fiscal year 
                        for the Selected Reserve of any of the reserve 
                        components by a number equal to not more than 2 
                        percent of that end strength.
                (d) In counting active-duty personnel for the purpose of 
            the end-strengths authorized pursuant to subsection (a)(1), 
            persons in the following categories shall be excluded:
                            (1) Members of the Ready Reserve ordered to 
                        active duty under section 12302 of this title.
                            (2) Members of the Selected Reserve of the 
                        Ready Reserve ordered to active duty under 
                        section 12304 of this title.
                            (3) Members of the National Guard called 
                        into Federal service under section 12406 of this 
                        title.
                            (4) Members of the militia called into 
                        Federal service under chapter 15 of this title.
                            (5) Members of reserve components on active 
                        duty for training.
                            (6) Members of reserve components on active 
                        duty for 180 days or less to perform special 
                        work.
                            (7) Members on full-time National Guard duty 
                        for 180 days or less.
                            (8) Members of the Selected Reserve of the 
                        Ready Reserve on active duty for more that 
                        [than] 180 days to support programs described in 
                        section 1203(b) of the Cooperative Threat 
                        Reduction Act of 1993 (title XII of Public Law 
                        103-160; 22 U.S.C. 5952(b)).
                            (9) Members of reserve components (not 
                        described in paragraph (8)) on active duty for 
                        more than 180 days but less than 271 days to 
                        perform special work in support of the combatant 
                        commands, except that--

                                (A) general and flag others may not be 
                            excluded under this paragraph; and

                                (B) The number of members of any of the 
                            armed forces excluded under this paragraph 
                            may not exceed the number equal to 0.2 
                            percent of the end strength authorized for 
                            active-duty personnel of that armed force 
                            under subsection (a)(1)(A).

                            (10) Members of reserve components on active 
                        duty to prepare for and to perform funeral 
                        honors functions for funerals of veterans in 
                        accordance with section 1491 of this title.
                (11) Members on full-time National Guard duty to prepare 
            for and perform funeral honors functions for funerals of 
            veterans in accordance with section 1491 of this title.

[[Page 712]]

                (e) The authorized strength of the Navy under subsection 
            (a)(1) is increased by the authorized strength of the Coast 
            Guard during any period when the Coast Guard is operating as 
            a service in the Navy.
                (f) [Deleted]
                (g) Congress shall authorize for each fiscal year the 
            end strength for military technicians (dual status) for each 
            reserve component of the Army and Air Force. Funds available 
            to the Department of Defense for any fiscal year may not be 
            used for the pay of a military technician (dual status) 
            during that fiscal year unless the technician fills a 
            position that is within the number of such positions 
            authorized by law for that fiscal year for the reserve 
            component of that technician. This subsection applies 
            without regard to section 129 of this title. In each budget 
            submitted by the President to Congress under section 1105 of 
            title 31, the end strength requested for military 
            technicians (dual status) for each reserve component of the 
            Army and Air Force shall be specifically set forth. (Added 
            Nov. 5, 1990, Pub. L. 101-510, Div. A, Title XIV, Part H, 
            Sec. 1483(a), 104 Stat. 1710; Dec. 5, 1991, Pub. L. 102-190, 
            Div. A, Title III, Part B, Sec. 312(a), 105 Stat. 1335; Feb. 
            10, 1996, Pub. L. 104-106, Div. A, Title IV, Subtitle A, 
            Sec. 401(c), Subtitle B, Sec. 415, Title V, Subtitle B, 
            Sec. 513(a)(1), Title X, Subtitle F, Sec. 1061(c), Title XV, 
            Sec. 1501(c)(3), 110 Stat. 286, 288, 305, 442, 498; Nov. 18, 
            1997, Pub. L. 105-85, Div. A, Title IV, Subtitle B, 
            Sec. 413(b), Subtitle C, Sec. 522(i)(1), 111 Stat. 1720, 
            1736; Oct. 5, 1999, Pub. L. 106-65, Div. A, Title IV, 
            Sec. 415, 113 Stat. 587; Oct. 30, 2000, Sec. 1, Pub. L. 106-
            398 [Div. A., Title IV, Sec. 422, 114 Stat. 1654A-96]; Dec. 
            28, 2001, Pub. L. 107-107, Div. A, Title IV, 
            Sec. Sec. 421(a), 422, 115 Stat. 1076, 1077.)
       932  Sec. 115a. Annual manpower requirements report.
                (a) The Secretary of Defense shall submit to Congress an 
            annual manpower requirements report. The report, which shall 
            be in writing, shall be submitted each year not later than 
            45 days after the date on which the President submits to 
            Congress the budget for the next fiscal year under section 
            1105 and of title 31. The report shall contain the 
            Secretary's recommendations for--
                            (1) the annual active-duty end-strength 
                        level for each component of the armed forces for 
                        the next fiscal year; and
                            (2) the annual civilian personnel end-
                        strength level for each component of the 
                        Department of Defense for the next fiscal year.
                (b)(1) The Secretary shall include in each report under 
            subsection (a) justification for the strength levels 
            recommended and an explanation of the relationship between 
            the personnel strength levels recommended for that fiscal 
            year and the national security policies of the United States 
            in effect at the time.
                (2) The justification and explanation shall specify in 
            detail for all major military force units (including each 
            land force division, carrier and other major combatant 
            vessel, air wing, and other comparable unit) the following:
                            (A) Unit mission and capability.
                            (B) Strategy which the unit supports.
                (3) The justification and explanation shall also specify 
            in detail the manpower required to perform the medical 
            missions of each of the armed forces and of the Department 
            of Defense.
                (c) The Secretary shall include in each report under 
            subsection (a) a detailed discussion of the following:

[[Page 713]]

                            (1) The manpower required for support and 
                        overhead functions within the armed forces and 
                        the Department of Defense.
                            (2) The relationship of the manpower 
                        required for support and overhead functions to 
                        the primary combat missions and support 
                        policies.
                            (3) The manpower required to be stationed or 
                        assigned to duty in foreign countries and aboard 
                        vessels located outside the territorial limits 
                        of the United States, its territories, and 
                        possessions.
                (d) The Secretary shall also include in each such 
            report, with respect to each armed force under the 
            jurisdiction of the Secretary of a military department, the 
            following:
                            (1) The number of positions that require 
                        warrant officers or commissioned officers 
                        serving on active duty in each of the officer 
                        grades during the current fiscal year and the 
                        estimated number of such positions for each of 
                        the next five fiscal years.
                            (2) The estimated number of officers that 
                        will be serving on active duty in each grade on 
                        the last day of the current fiscal year and the 
                        estimated numbers of officers that will be 
                        needed on active duty on the last day of each of 
                        the next five fiscal years.
                            (3) An estimate and analysis for the current 
                        fiscal year and for each of the next five fiscal 
                        years of gains to and losses from the number of 
                        members on active duty in each officer grade, 
                        including a tabulation of--

                                (A) retirements displayed by year of 
                            active commissioned service;

                                (B) discharges;

                                (C) other separations;

                                (D) deaths;

                                (E) promotions; and

                                (F) reserve and regular officers ordered 
                            to active duty.

                (e)(1) In each such report, the Secretary shall also 
            include recommendations for the end-strength levels for 
            medical personnel for each component of the armed forces as 
            of the end of the next fiscal year.
                (2) For purposes of this subsection, the term ``medical 
            personnel'' includes--
                            (A) in the case of the Army, members of the 
                        Medical Corps, Dental Corps, Nurse Corps, 
                        Medical Service Corps, Veterinary Corps, and 
                        Army Medical Specialist Corps;
                            (B) in the case of the Navy, members of the 
                        Medical Corps, Dental Corps, Nurse Corps, and 
                        Medical Service Corps;
                            (C) in the case of the Air Force, members 
                        designated as medical officers, dental officers, 
                        Air Force nurses, medical service officers, and 
                        biomedical science officers;
                            (D) enlisted members engaged in or 
                        supporting medically related activities; and
                            (E) such other personnel as the Secretary 
                        considers appropriate.
                (f) [Deleted]
                (g) [Redesignated]
                (h) In each such report, the Secretary shall include a 
            separate report on the Army and Air Force military 
            technician programs. The report shall include a 
            presentation, shown by reserve component and shown both as 
            of the end of the preceding fiscal year and for the next 
            fiscal year, of the following (displayed in the aggregate 
            and separately for

[[Page 714]]

            military technicians (dual status) and non-dual status 
            military technicians):
                            (1) The number of military technicians 
                        required to be employed (as specified in 
                        accordance with Department of Defense 
                        procedures), the number authorized to be 
                        employed under Department of Defense personnel 
                        procedures, and the number actually employed.
                            (2) Within each of the numbers under 
                        paragraph (1)--

                                (A) the number applicable to a reserve 
                            component management headquarter 
                            organization; and

                                (B) the number applicable to high-
                            priority units and organizations (as 
                            specified in section 10216(a) of this 
                            title).

            (Added Nov. 5, 1990, Pub. L. 101-510, Div. A, Title XIV, 
            Part H, Sec. 1483(a), 104 Stat. 1711; Dec. 5, 1991, Pub. L. 
            102-190, Div. A, Title X, Part E, Sec. 1061(a)(1), 105 Stat. 
            1472; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V, 
            Subtitle B, Sec. 513(e), Title X, Subtitle F, Sec. 1061(d), 
            110 Stat. 307, 442; Nov. 18, 1997, Pub. L. 105-85, Div. A, 
            Title V, Subtitle C, Sec. 522(i)(2), 111 Stat. 1736; Oct. 
            17, 1998, Pub. L. 105-261, Div. A, Title IV, Subtitle A, 
            Sec. 403, 112 Stat. 1996.)

       933  Sec. 116. Annual operations and maintenance report.
                (a)(1) The Secretary of Defense shall submit to Congress 
            a written report, not later than February 15 of each fiscal 
            year, with respect to the operations and maintenance of the 
            Army, Navy, Air Force, and Marine Corps for the next fiscal 
            year. The Secretary shall include in each such report 
            recommendations for--
                            (A) the number of aircraft flying hours for 
                        the Army, Navy, Air Force, and Marine Corps for 
                        the next fiscal year, the number of ship 
                        steaming hours for the Navy for the next fiscal 
                        year, and the number of field training days for 
                        the combat arms battalions of the Army and 
                        Marine Corps for the next fiscal year;
                            (B) the number of ships over 3,000 tons 
                        (full load displacement) in each Navy ship 
                        classification on which major repair work should 
                        be performed during the next fiscal year; and
                            (C) the number of airframe reworks, aircraft 
                        engine reworks, and vehicle overhauls which 
                        should be performed by the Army, Navy, Air 
                        Force, and Marine Corps during the next fiscal 
                        year.
                (2) The Secretary shall also include in each such report 
            the justification for and an explanation of the level of 
            funding recommended in the Budget of the President for the 
            next fiscal year for aircraft flying hours, ship steaming 
            hours, field training days for the combat arms battalions, 
            major repair work to be performed on ships of the Navy, 
            airframe reworks, aircraft engine reworks, and vehicle 
            overhauls.
                (b) In this section:
                            (1) The term ``combat arms battalions'' 
                        means armor, infantry, mechanized infantry, air 
                        assault infantry, airborne infantry, ranger, 
                        artillery, and combat engineer battalions and 
                        armored cavalry and air cavalry squadrons.
                            (2) The term ``major repair work'' means, in 
                        the case of any ship to which subsection (a) is 
                        applicable, any overhaul, modification, 
                        alteration, or conversion work which will result 
                        in a total cost to the United States of more 
                        than $10,000,000.

            (Added Sept. 8, 1980, Pub. L. 96-342, Title X, 
            Sec. 1001(b)(3), (c)(2), 94 Stat. 1118; Dec. 12, 1980, Pub. 
            L. 96-513, Title V, Sec. 511(4)(B), 94 Stat. 2920; Dec. 1, 
            1981, Pub. L. 97-86, Title III, Sec. 302, 95 Stat. 1104; 
            Oct.

[[Page 715]]

            1, 1986, Pub. L. 99-433, Title I, Sec. Sec. 101(a)(2), 
            110(b)(6), (7), (9), (10), 100 Stat. 994, 1002; Nov. 18, 
            1997, Pub. L. 105-85, Div. A, Title X, Subtitle G, 
            Sec. 1073(a)(3), 111 Stat. 1900.)

       934  Sec. 119. Special access programs: congressional oversight.
                (a)(1) Not later than March 1 of each year, the 
            Secretary of Defense shall submit to the defense committees 
            a report on special access programs.
                (2) Each such report shall set forth--
                            (A) the total amount requested for special 
                        access programs of the Department of Defense in 
                        the President's budget for the next fiscal year 
                        submitted under section 1105 of title 31; and
                            (B) for each program in that budget that is 
                        a special access program--

                                (i) a brief description of the program;

                                (ii) a brief discussion of the major 
                            milestones established for the program;

                                (iii) the actual cost of the program for 
                            each fiscal year during the program has been 
                            conducted before the fiscal year during 
                            which that budget is submitted; and

                                (iv) the estimated total cost of the 
                            program and the estimated cost of the 
                            program for (I) the current fiscal year, 
                            (II) the fiscal year for which the budget is 
                            submitted, and (III) each of the four 
                            succeeding fiscal years during which the 
                            program is expected to be conducted.

                (3) In the case of a report under paragraph (1) 
            submitted in a year during which the President's budget for 
            the next fiscal year, because of multiyear budgeting for the 
            Department of Defense, does not include a full budget 
            request for the Department of Defense, the report required 
            by paragraph (1) shall set forth--
                            (A) the total amount already appropriated 
                        for the next fiscal year for special access 
                        programs of the Department of Defense and any 
                        additional amount requested in that budget for 
                        such programs for such fiscal year; and
                            (B) for each program of the Department of 
                        Defense that is a special access program, the 
                        information specified in paragraph (2)(B).
                (b)(1) Not later than February 1 of each year, the 
            Secretary of Defense shall submit to the defense committees 
            a report that, with respect to each new special access 
            program, provides--
                            (A) notice of the designation of the program 
                        as a special access program; and
                            (B) justification for such designation.
                (2) A report under paragraph (1) with respect to a 
            program shall include--
                            (A) the current estimate of the total 
                        program cost for the program; and
                            (B) an identification of existing programs 
                        or technologies that are similar to the 
                        technology, or that have a mission similar to 
                        the mission, of the program that is the subject 
                        of the notice.
                (3) In this subsection, the term ``new special access 
            program'' means a special access program that has not 
            previously been covered in a notice and justification under 
            this subsection.

[[Page 716]]

                (c)(1) Whenever a change in the classification of a 
            special access program of the Department of Defense is 
            planned to be made or whenever classified information 
            concerning a special access program of the Department of 
            Defense is to be declassified and made public, the Secretary 
            of Defense shall submit to the defense committees a report 
            containing a description of the proposed change, the reasons 
            for the proposed change, and notice of any public 
            announcement planned to be made with respect to the proposed 
            change.
                (2) Except as provided in paragraph (3), any report 
            referred to in paragraph (1) shall be submitted not less 
            than 14 days before the date on which the proposed change or 
            public announcement is to occur.
                (3) If the Secretary determines that because of 
            exceptional circumstances the requirement of paragraph (2) 
            cannot be met with respect to a proposed change or public 
            announcement concerning a special access program of the 
            Department of Defense, the Secretary may submit the report 
            required by paragraph (1) regarding the proposed change or 
            public announcement at any time before the proposed change 
            or public announcement is made and shall include in the 
            report an explanation of the exceptional circumstances.
                (d) Whenever there is a modification or termination of 
            the policy and criteria used for designating a program of 
            the Department of Defense as a special access program, the 
            Secretary of Defense shall promptly notify the defense 
            committees of such modification or termination. Any such 
            notification shall contain the reasons for the modification 
            or termination and, in the case of a modification, the 
            provisions of the policy as modified.
                (e)(1) The Secretary of Defense may waive any 
            requirement under subsection (a), (b), or (c) that certain 
            information be included in a report under that subsection if 
            the Secretary determines that inclusion of that information 
            in the report would adversely affect the national security. 
            Any such waiver shall be made on a case-by-case basis.
                (2) If the Secretary exercises the authority provided 
            under paragraph (1), the Secretary shall provide the 
            information described in that subsection with respect to the 
            special access program concerned, and the justification for 
            the waiver, jointly to the chairman and ranking minority 
            member of each of the defense committees.
                (f) A special access program may not be initiated 
            until--
                            (1) the defense committees are notified of 
                        the program; and
                            (2) a period of 30 days elapses after such 
                        notification is received.
                (g) In this section, the term ``defense committees'' 
            means--
                            (1) the Committee on Armed Services and the 
                        Committee on Appropriations, and the Defense 
                        Subcommittee of the Committee on Appropriations, 
                        of the Senate; and
                            (2) the Committee on Armed Services and the 
                        Committee on Appropriations, and the 
                        Subcommittee on Defense of the Committee on 
                        Appropriations, of the House of Representatives. 
                        (Added Dec. 4, 1987, Pub. L. 100-180, Div. A, 
                        Title XI, Part D, Sec. 1132(a)(1), 101 Stat. 
                        1151; Nov. 5, 1990, Pub. L. 101-510, Div. A, 
                        Title XIV, Part F, Sec. 1461, Part H, 
                        Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10, 
                        1996, Pub. L. 104-106, Div. A, Title X, Subtitle 
                        E, Sec. 1055, Title XV, Sec. 1502(a)(4), 110 
                        Stat. 442, 502; Pub. L. 106-65, Div. A, Title X, 
                        Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Dec. 
                        28, 2001, Pub. L. 107-107, Div. A., Title X, 
                        Sec. 1048(a)(2), 115 Stat. 1222.)

[[Page 717]]



            
                         Chapter 9.--DEFENSE BUDGET MATTERS

       935  Sec. 221. Future-years defense program; submission to 
                Congress; consistency in budgeting.
                (a) The Secretary of Defense shall submit to Congress 
            each year, at or about the time that the President's budget 
            is submitted to Congress that year under section 1105(a) of 
            title 31, a future-years defense program (including 
            associated annexes) reflecting the estimated expenditures 
            and proposed appropriations included in that budget. Any 
            such future-years defense program shall cover the fiscal 
            year with respect to which the budget is submitted and at 
            least the four succeeding fiscal years.
                (b)(1) The Secretary of Defense shall ensure that 
            amounts described in subparagraph (A) of paragraph (2) for 
            any fiscal year are consistent with amounts described in 
            subparagraph (B) of paragraph (2) for that fiscal year.
                (2) Amounts referred to in paragraph (1) are the 
            following:
                            (A) The amounts specified in program and 
                        budget information submitted to Congress by the 
                        Secretary in support of expenditure estimates 
                        and proposed appropriations in the budget 
                        submitted to Congress by the President under 
                        section 1105(a) of title 31 for any fiscal year, 
                        as shown in the future-years defense program 
                        submitted pursuant to subsection (a).
                            (B) The total amounts of estimated 
                        expenditures and proposed appropriations 
                        necessary to support the programs, projects, and 
                        activities of the Department of Defense included 
                        pursuant to paragraph (5) of section 1105(a) of 
                        title 31 in the budget submitted to Congress 
                        under that section for any fiscal year.
                (c) Nothing in this section shall be construed to 
            prohibit the inclusion in the future-years defense program 
            of amounts for management contingencies, subject to the 
            requirements of subsection (b). (Added Pub. L. 101-189, 
            Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended Pub. 
            L. 101-510, Sec. 1402(a), Nov. 5, 1990, 104 Stat. 1674; 
            renumbered Sec. 221 and amended Pub. L. 102-484, 
            Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
       936  Sec. 222. Future-years mission budget.
            (a) Future-years mission budget.--The Secretary of Defense 
                shall submit to Congress for each fiscal year a future-
                years mission budget for the military programs of the 
                Department of Defense. That budget shall be submitted 
                for any fiscal year not later than 60 days after the 
                date on which the President's budget for that fiscal 
                year is submitted to Congress pursuant to section 1105 
                of title 31.
            (b) Consistency with future-years defense program.--The 
                future-years mission budget shall be consistent with the 
                future-years defense program required under section 221 
                of this title. In the future-years mission budget, the 
                military programs of the Department of Defense shall be 
                organized on the basis of major roles, missions, or 
                forces of the Department of Defense.
                  

[[Page 718]]

            (c) Relationship to other defense budget formats.--The 
                requirement in subsection (a) is in addition to the 
                requirements in any other provision of law regarding the 
                format for the presentation regarding military programs 
                of the Department of Defense in the budget submitted 
                pursuant to section 1105 of title 31 for any fiscal 
                year. (Added Oct. 23, 1992, Pub. L. 102-484, Div. A, 
                Title X, Subtitle A, Sec. 1002(a)(2), 106 Stat. 2480; 
                Oct. 5, 1994, Pub. L. 103-337, Div. A, Title X, Subtitle 
                A, Sec. 1004, 108 Stat. 2834.)
       937  Sec. 226. Scoring of outlays.
            (a) Annual OMB/CBO report.--Not later than December 15 of 
                each year, the Director of the Office of Management and 
                Budget and the Director of the Congressional Budget 
                Office shall submit to the Speaker of the House of 
                Representatives and the Committees on Armed Services, 
                Appropriations, and the Budget of the Senate a joint 
                report containing an agreed resolution of all 
                differences between--

                                (1) the technical assumptions to be used 
                            by the Office of Management and Budget in 
                            preparing estimates with respect to all 
                            accounts in major functional category 050 
                            (National Defense) for the budget to be 
                            submitted to Congress in the following year 
                            pursuant to section 1105 of title 31; and

                                (2) the technical assumptions to be used 
                            by the Congressional Budget Office in 
                            preparing estimates with respect to those 
                            accounts for that budget.

            (b) Use of averages.--If the two Directors are unable to 
                agree upon any technical assumption, the report shall 
                reflect the average of the relevant outlay rates or 
                assumptions used by the two offices.
            (c) Matters to be included.--The report with respect to a 
                budget shall identify the following:

                                (1) The agreed first-year and outyear 
                            outlay rates for each account in budget 
                            function 050 (National Defense) for each 
                            fiscal year covered by the budget.

                                (2) The agreed amount of outlays 
                            estimated to occur from unexpended 
                            appropriations made for fiscal years before 
                            the fiscal year that begins after submission 
                            of the report.

            (Added Pub. L. 102-190, Div. A, Title X, Sec. 1002(a)(1), 
            Dec. 5, 1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226, 
            Pub. L. 102-484, Div. A, Title X, Sec. 1002(a)(1), Oct. 23, 
            1992, 106 Stat. 2480; amended Pub. L. 103-160, Sec. 1104, 
            Nov. 30, 1993, 107 Stat. 1749.)

                                    * * * * * * *

            
                    Chapter 403.--UNITED STATES MILITARY ACADEMY

       938  Sec. 4342. Cadets: appointments; numbers, territorial 
                distribution.
                (a) The authorized strength of the Corps of Cadets of 
            the Academy (determined for any year as of the day before 
            the last day of the academic year) is 4,000. Subject to that 
            limitation, cadets are selected as follows:
                            (1) 65 cadets selected in order of merit as 
                        established by competitive examinations from the 
                        children of members of the armed forces who were 
                        killed in action or died of, or have a service-
                        connected

[[Page 719]]

                        disability rated at not less than 100 per centum 
                        resulting from, wounds or injuries received or 
                        diseases contracted in, or preexisting injury or 
                        disease aggravated by, active service, children 
                        of members who are in a ``missing status'' as 
                        defined in section 551(2) of title 37, and 
                        children of civilian employees who are in 
                        ``missing status'' as defined in section 5561(5) 
                        of title 5. The determination of the Department 
                        of Veterans Affairs as to service connection of 
                        the cause of death or disability, and the 
                        percentage at which the disability is rated is 
                        binding upon the Secretary of the Army.
                            (2) Five cadets nominated at large by the 
                        Vice President or, if there is no Vice 
                        President, by the President pro tempore of the 
                        Senate.
                            (3) Ten cadets from each State, five of whom 
                        are nominated by each Senator from that State.
                            (4) Five cadets from each congressional 
                        district, nominated by the Representative from 
                        the district.
                            (5) Five cadets from the District of 
                        Columbia, nominated by the Delegate to the House 
                        of Representatives from the District of 
                        Columbia.
                            (6) Two cadets from the Virgin Islands, 
                        nominated by the Delegate in Congress from the 
                        Virgin Islands.
                            (7) Six cadets from Puerto Rico, five of 
                        whom are nominated by the Resident Commissioner 
                        from Puerto Rico and one who is a native of 
                        Puerto Rico nominated by the Governor of Puerto 
                        Rico.
                            (8) Two cadets from Guam, nominated by the 
                        Delegate in Congress from Guam.
                            (9) One cadet from American Samoa, nominated 
                        by the Delegate in Congress from American Samoa.
                            (10) One cadet from the Commonwealth of the 
                        Northern Mariana Islands, nominated by the 
                        resident representative from the commonwealth.

            Each Senator, Representative, and Delegate in Congress, 
            including the Resident Commissioner from Puerto Rico, is 
            entitled to nominate 10 persons for each vacancy that is 
            available to him under this section. Nominees may be 
            submitted without ranking or with a principal candidate and 
            9 ranked or unranked alternates. Qualified nominees not 
            selected for appointment under this subsection shall be 
            considered qualified alternates for the purposes of 
            selection under other provisions of this chapter.

                (b) In addition, there may be appointed each year at the 
            Academy cadets as follows:
                            (1) one hundred selected by the President 
                        from the children of members of an armed force 
                        who--

                                (A) are on active duty (other than for 
                            training) and who served continuously on 
                            active duty for at least eight years;

                                (B) are, or who died while they were, 
                            retired with pay or granted retired or 
                            retainer pay;

                                (C) are serving as members of reserve 
                            components and are credited with at least 
                            eight years of service computed under 
                            section 12733 of this title; or

                                (D) would be, or who died while they 
                            would have been, entitled to retired pay 
                            under Chapter 1223 of this title, except for 
                            not having attained 60 years of age;

[[Page 720]]

                    however, a person who is eligible for selection 
                    under clause (1) of subsection (a) may not be 
                    selected under this clause.
                            (2) 85 nominated by the Secretary of the 
                        Army from enlisted members of the Regular Army.
                            (3) 85 nominated by the Secretary of the 
                        Army from enlisted members of reserve components 
                        of the Army.
                            (4) 20 nominated by the Secretary of the 
                        Army, under regulations prescribed by him, from 
                        the honor graduates of schools designated as 
                        honor schools by the Department of the Army, the 
                        Department of the Navy, or the Department of the 
                        Air Force, and from members of the Reserve 
                        Officers' Training Corps.
                            (5) 150 selected by the Secretary of the 
                        Army in order of merit (prescribed pursuant to 
                        section 4343 of this title) from qualified 
                        alternates nominated by persons named in clauses 
                        (3) and (4) of subsection (a).
                (c) The President may also appoint as cadets at the 
            Academy children of persons who have been awarded the Medal 
            of Honor for acts performed while in the armed forces.
                (d) The Superintendent may nominate each year 50 persons 
            from the country at large. Persons nominated under this 
            paragraph may not displace any appointment authorized under 
            clauses (2) through (9) of subsection (a) and may not cause 
            the total strength of the Corps of Cadets to exceed the 
            authorized number.
                (e) If the annual quota of cadets under subsection (b) 
            (1), (2), (3) is not filled, the Secretary may fill the 
            vacancies by nominating for appointment other candidates 
            from any of these sources who were found best qualified on 
            examination for admission and not otherwise nominated.
                (f) Each candidate for admission nominated under clauses 
            (3) through (9) of subsection (a) must be domiciled in the 
            State, or in the congressional district, from which he is 
            nominated, or in the District of Columbia, Puerto Rico, 
            American Samoa, Guam, or the Virgin Islands, if nominated 
            from one of those places.
                (g) The Secretary of the Army may limit the number of 
            cadets authorized to be appointed under this section to the 
            number that can be adequately accommodated at the Academy, 
            as determined by the Secretary after consulting with the 
            Committee on Armed Services of the Senate and the Committee 
            on Armed Services of the House of Representatives, subject 
            to the following:
                            (1) Cadets chargeable to each nominating 
                        authority named in subsection (a) (3) or (4) may 
                        not be limited to less than four.
                            (2) If the Secretary limits the number of 
                        appointments under subsection (a) (3) or (4), 
                        appointments under subsection (b)(1)-(4) are 
                        limited as follows:

                                (A) 27 appointments under subsection 
                            (b)(1);

                                (B) 27 appointments under subsection 
                            (b)(2);

                                (C) 27 appointments under subsection 
                            (b)(3); and

                                (D) 13 appointments under subsection 
                            (b)(4).

                            (3) If the Secretary limits the number of 
                        appointments under subsection (b)(5), 
                        appointments under subsection (b)(2)-(4) are 
                        limited as follows:

                                (A) 27 appointments under subsection 
                            (b)(2);

                                (B) 27 appointments under subsection 
                            (b)(3); and

[[Page 721]]

                                (C) 13 appointments under subsection 
                            (b)(4).

                            (4) The limitations provided for in this 
                        subsection do not affect the operation of 
                        subsection (e).
                (h) The Secretary of the Army shall furnish to any 
            Member of Congress, upon the written request of such Member, 
            the name of the Congressman or other nominating authority 
            responsible for the nomination of any named or identified 
            person for appointment to the Academy.
                (i) For purposes of the limitation in subsection (a) 
            establishing the aggregate authorized strength of the Corps 
            of Cadets, the Secretary of the Army may for any year 
            (beginning with the 2001-2002 academic year) permit a 
            variance in that limitation by not more than one percent. In 
            applying that limitation, and any such variance, the last 
            day of an academic year shall be considered to be graduation 
            day.

            (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 240; Sept. 2, 
            1958, Pub. L. 85-861, Sec. 33(a)(26), 72 Stat. 1565; Sept. 
            14, 1962, Pub. L. 87-663, Sec. 1(1), (2), 76 Stat. 547; 
            March 3, 1964, Pub. L. 88-276, Sec. 1(1), 78 Stat. 148; Oct. 
            13, 1966, Pub. L. 89-650, Sec. 1(1)-(4), 80 Stat. 896; July 
            5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub. 
            L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L. 
            91-405, Title II, Sec. 204(c), 84 Stat. 852, Aug. 7, 1972, 
            Pub. L. 92-365, Sec. 1, 86 Stat. 505; Nov. 29, 1973, Pub. L. 
            93-171, Sec. 1(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. L. 
            94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 
            1980, Pub. L. 96-513, Title V, Part B, Sec. 512(13), 94 
            Stat. 2930; Dec. 24, 1980, Pub. L. 96-600, Sec. 2(a), 94 
            Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II, 
            Sec. 203(a)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-
            94, Title X, Part A, Sec. 1005(a)(1), (b)(1), 97 Stat. 660; 
            Nov. 29, 1989, Pub. L. 101-189, Div. A, Title XVI, Part C, 
            Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L. 101-
            510, Div. A, Title V, Part C, Sec. 532(a)(1), 104 Stat. 
            1563; Nov. 30, 1993, Pub. L. 103-160, Div. A, Title V, 
            Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L. 
            103-337, Div. A, Title XVI, Subtitle C, Sec. 1672(c)(3), 108 
            Stat. 3015; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V, 
            Subtitle D, Part I, Sec. 532(a), Title XV, Sec. 1502(a)(1), 
            110 Stat. 314, 502; Nov. 18, 1997, Pub. L. 105-85, Div. A, 
            Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub. 
            L. 106-65, Div. A, Title V, Sec. 531(b)(1), Title X, 
            Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Oct. 30, 
            2000, Pub. L. 106-398, Sec. 1 [Div. A, Title V, Sec. 531(a), 
            114 Stat. 1654A-109].

       939  Sec. 4355. Board of Visitors.
                (a) A Board of Visitors to the Academy is constituted 
            annually of--
                            (1) the chairman of the Committee on Armed 
                        Services of the Senate, or his designee;
                            (2) three other members of the Senate 
                        designated by the Vice President or the 
                        President pro tempore of the Senate, two of whom 
                        are members of the Committee on Appropriations 
                        of the Senate;
                            (3) the chairman of the Committee on Armed 
                        Services of the House of Representatives, or his 
                        designee;
                            (4) four other members of the House of 
                        Representatives designated by the Speaker of the 
                        House of Representatives, two of whom are 
                        members of the Committee on Appropriations of 
                        the House of Representatives; and
                            (5) six persons designated by the President.
                (b) The persons designated by the President serve for 
            three years each except that any member whose term of office 
            has expired shall continue to serve until his successor is 
            appointed. The President shall

[[Page 722]]

            designate two persons each year to succeed the members whose 
            terms expire that year.
                (c) If a member of the Board dies or resigns, a 
            successor shall be designated for the unexpired portion of 
            the term by the official who designated the member.
                (d) The Board shall visit the Academy annually. With the 
            approval of the Secretary of the Army, the Board or its 
            members may make other visits to the Academy in connection 
            with the duties of the Board or to consult with the 
            Superintendent of the Academy.
                (e) The Board shall inquire into the morale and 
            discipline, the curriculum, instruction, physical equipment, 
            fiscal affairs, academic methods, and other matters relating 
            to the Academy that the Board decides to consider.
                (f) Within 60 days after its annual visit, the Board 
            shall submit a written report to the President of its 
            action, and of its views and recommendations pertaining to 
            the Academy. Any report of a visit, other than the annual 
            visit, shall, if approved by a majority of the members of 
            the Board, be submitted to the President within 60 days 
            after the approval.
                (g) Upon approval by the Secretary, the Board may call 
            in advisers for consultation.
                (h) While performing his duties, each member of the 
            Board and each adviser shall be reimbursed under Government 
            travel regulations for his travel expenses. (Aug. 10, 1956, 
            ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub. L. 96-579, 
            Sec. 13(a), 94 Stat. 3369; Pub. L. 104-106, Div. A, Title X, 
            Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996, 
            110 Stat. 443, 503; Pub. L. 106-65, Div. A, Title X, 
            Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
            
               Chapter 443.--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

       940  Sec. 4689. Transfer of material and equipment to Architect.
                The Secretary of the Army is authorized to transfer, 
            without payment, to the Architect of the Capitol, such 
            material and equipment, not required by the Department of 
            the Army, as the Architect may request for use at the 
            Capitol powerplant, the Capitol Building, and the Senate and 
            House Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41 
            Stat. 1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)

            
                      Chapter 603.--UNITED STATES NAVAL ACADEMY

       941  Sec. 6954. Midshipmen: number.
                (a) The authorized strength of the Brigade of Midshipmen 
            (determined for any year as of the day before the last day 
            of the academic year) is 4,000. Subject to that limitation, 
            midshipmen are selected as follows:
                            (1) 65 selected in order of merit as 
                        established by competitive examination from the 
                        children of members of the armed forces who were 
                        killed in action or died of, or have a service-
                        connected disability rated at not less than 100 
                        per centum resulting from, wounds or injuries 
                        received or diseases contracted in, or 
                        preexisting injury or disease aggravated by, 
                        active service, children of members who are in a 
                        ``missing status'' as defined in section 551(2) 
                        of title 37, and children of civilian employees 
                        who are in ``missing status'' as defined

[[Page 723]]

                        in section 5561(5) of title 5. The determination 
                        of the Department of Veterans Affairs as to 
                        service connection of the cause of death or 
                        disability, and the percentage at which the 
                        disability is rated, is binding upon the 
                        Secretary of the Navy.
                            (2) Five nominated at large by the Vice 
                        President or, if there is no Vice President, by 
                        the President pro tempore of the Senate.
                            (3) Ten from each State, five of whom are 
                        nominated by each Senator from that State.
                            (4) Five nominated by each Representative in 
                        Congress.
                            (5) Five from the District of Columbia, 
                        nominated by the Delegate to the House of 
                        Representatives from the District of Columbia.
                            (6) Two from the Virgin Islands, nominated 
                        by the Delegate in Congress from the Virgin 
                        Islands.
                            (7) Six from Puerto Rico, five of whom are 
                        nominated by the Resident Commissioner from 
                        Puerto Rico and one who is native of Puerto Rico 
                        nominated by the Governor of Puerto Rico.
                            (8) Two from Guam, nominated by the Delegate 
                        in Congress from Guam.
                            (9) One from American Samoa, nominated by 
                        the Delegate in Congress from American Samoa.
                            (10) One from the Commonwealth of the 
                        Northern Mariana Islands, nominated by the 
                        resident representative from the commonwealth.

            Each Senator, Representative, and Delegate in Congress, 
            including the Resident Commissioner from Puerto Rico, is 
            entitled to nominate 10 persons for each vacancy that is 
            available to him under this section. Nominees may be 
            submitted without ranking or with a principal candidate and 
            9 ranked or unranked alternates. Qualified nominees not 
            selected for appointment under this subsection shall be 
            considered qualified alternates for the purposes of 
            selection under other provisions of this chapter.

                (b) In addition there may be appointed each year at the 
            Academy midshipmen as follows:
                            (1) one hundred selected by the President 
                        from the children of members of an armed force 
                        who--

                                (A) are on active duty (other than for 
                            training) and who have served continuously 
                            on active duty for at least eight years;

                                (B) are, or who died while they were, 
                            retired with pay or granted retired or 
                            retainer pay;

                                (C) are serving as members of reserve 
                            components and are credited with at least 
                            eight years of service computed under 
                            section 12733 of this title; or

                                (D) would be, or who died while they 
                            would have been, entitled to retired pay 
                            under Chapter 1223 of this title, except for 
                            not having attained 60 years of age;

                    however, a person who is eligible for selection 
                    under clause (1) of subsection (a) may not be 
                    selected under this clause.
                            (2) 85 nominated by the Secretary of the 
                        Navy from enlisted members of the Regular Navy 
                        and the Regular Marine Corps.
                            (3) 85 nominated by the Secretary of the 
                        Navy from enlisted members of the Naval Reserve 
                        and the Marine Corps Reserve.
                            (4) 20 nominated by the Secretary of the 
                        Navy, under regulations prescribed by him, from 
                        the honor graduates of schools designated

[[Page 724]]

                        as honor schools by the Department of the Army, 
                        the Department of the Navy, or the Department of 
                        the Air Force, and from members of the Naval 
                        Reserve Officers' Training Corps.
                            (5) 150 selected by the Secretary of the 
                        Navy in order of merit (prescribed pursuant to 
                        section 6956 of this title) from qualified 
                        alternates nominated by person named in clauses 
                        (3) and (4) of subsection (a).
                (c) The President may also appoint as midshipmen at the 
            Academy children of persons who have been awarded the medal 
            of honor for acts performed while in the armed forces.
                (d) The Superintendent of the Naval Academy may nominate 
            for appointment each year 50 persons from the country at 
            large. Persons nominated under this paragraph may not 
            displace any appointment authorized under clauses (2) 
            through (8) of subsection (a) and may not cause the total 
            strength of midshipmen at the Navy Academy to exceed the 
            authorized number.
                (e) The Secretary of the Navy may limit the number of 
            midshipmen appointed under section (b)(5). When he does so, 
            if the total number of midshipmen, upon admission of a new 
            class at the Academy, will be more than 3,737, no 
            appointment may be made under subsection (b)(2) or (3) of 
            this section or section 6956 of this title.
                (f) The Secretary of the Navy shall furnish to any 
            Member of Congress, upon the written request of such Member, 
            the name of the Congressman or other nominating authority 
            responsible for the nomination of any named or identified 
            person for appointment to the Academy.
                (g) For purposes of the limitation in subsection (a) 
            establishing the aggregate authorized strength of the 
            Brigade of Midshipmen, the Secretary of the Navy may for any 
            year permit a variance in that limitation by not more than 
            one percent. In applying that limitation, and any such 
            variance, the last day of an academic year shall be 
            considered to be graduation day. (Aug. 10, 1956, ch. 1041, 
            Sec. 1, 70A Stat. 429; Sept. 7, 1962, Pub. L. 87-651, Title 
            I, Sec. 124, 76 Stat. 514; Sept. 14, 1962, Pub. L. 87-663, 
            Sec. 1(3), 76 Stat. 547; March 3, 1964, Pub. L. 88-276, 
            Sec. 2, 78 Stat. 150; Oct. 13, 1996, Pub. L. 89-650, 
            Sec. 1(1)-(3), 80 Stat. 896; July 5, 1968, Pub. L. 90-374, 
            82 Stat. 283; Oct. 22, 1968, Pub. L. 90-623, Sec. 2(8), 82 
            Stat. 1314; Sept. 22, 1970, Pub. L. 91-405, Title II, 
            Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365, 
            Sec. 2, 86 Stat. 505; Nov. 29, 1973, Pub. L. 93-171, 
            Sec. 2(1)-(3), 87 Stat. 690; Oct. 7, 1975 Pub. L. 94-106, 
            Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 24, 1980, 
            Pub. L. 96-600, Sec. 2(b), 94 Stat. 3493; Oct. 14, 1981, 
            Pub. L. 97-60, Title II, Sec. 203(b)(2), 95 Stat. 1006; Oct. 
            12, 1982, Pub. L. 97-295, Sec. 1(44), 96 Stat. 1298; Sept. 
            24, 1983, Pub. L. 98-94, Title X, Part A, Sec. 1005(a)(2), 
            (b)(2), 97 Stat. 660; Nov. 29, 1989, Pub. L. 101-189, Div. 
            A, Title XVI, Part C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 
            5, Pub. L. 101-510, Div. A, Title V, Part C, Sec. 532(b)(1), 
            104 Stat. 1563; Nov. 30, 1993, Pub. L. 103-160, Div. A. 
            Title V, Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, 
            Pub. L. 103-337, Div. A, Title XVI, Subtitle C, 
            Sec. 1673(c)(2), 108 Stat. 3016; Feb. 10, 1996, Pub. L. 104-
            106, Div. A, Title V, Subtitle D, Part I, Sec. 532(b), 110 
            Stat. 314; Nov. 18, 1997, Pub. L. 105-85, Div. A, Title X, 
            Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Oct. 5, 1999, 
            Pub. L. 106-65, Div. A., Title V, Sec. 531(b)(2), 113 Stat. 
            602; Oct. 30, 2000; Pub. L. 106-398, Sec. 1 [Div. A, Title 
            V, Sec. 531 (b),

[[Page 725]]

            114 Stat. 1654A-109]; Dec. 28, 2001, Pub. L. 107-107, Div. 
            A, Title X, Sec. 1048(g)(1), 115 Stat. 1228.
       942  Sec. 6956. Midshipmen: nomination and selection to fill 
                vacancies.
                (a) If the annual quota of midshipmen from--
                            (1) enlisted members of the Regular Navy and 
                        the Regular Marine Corps;
                            (2) enlisted members of the Naval Reserve 
                        and the Marine Corps Reserve; or
                            (3) at large by the President;

            is not filled, the Secretary may fill the vacancies by 
            nominating for appointment other candidates from any of 
            these sources who were found best qualified on examination 
            for admission and not otherwise nominated.

                (b) If it is determined that, upon the admission of a 
            new class to the Academy, the number of midshipmen at the 
            Academy will be below the authorized number, the Secretary 
            may fill the vacancies by nominating additional midshipmen 
            from qualified candidates designated as alternates and from 
            other qualified candidates who competed for nomination and 
            are recommended and found qualified by the Academic Board. 
            At least three-fourths of those nominated under this 
            subsection shall be from qualified alternates under clauses 
            (2) through (8) of section 6954(a) of this title, and the 
            remainder shall be from qualified candidates who competed 
            for appointment under any other provision of law. An 
            appointment of a nominee under this subsection is an 
            additional appointment and is not in place of an appointment 
            otherwise authorized by law.
                (c) The failure of a member of a graduating class to 
            complete the course with his class does not delay the 
            appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A 
            Stat. 430; March. 3, 1964, Pub. L. 88-276, Sec. 3, 78 Stat. 
            151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Nov. 29, 
            1973, Pub. L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975, 
            Pub. L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538; 
            Oct. 14, 1981, Pub. L. 97-60, Title II, Sec. 206, 95 Stat. 
            1007; Nov. 5, 1990, Pub. L. 101-510, Sec. 1322(a), 104 Stat. 
            1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990, Pub. 
            L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat. 
            1563, 1671.)
       943  Sec. 6968. Board of Visitors.
                (a) A Board of Visitors to the Naval Academy is 
            constituted annually of--
                            (1) the chairman of the Committee on Armed 
                        Services of the Senate, or his designee;
                            (2) three other members of the Senate 
                        designated by the Vice President or the 
                        President pro tempore of the Senate, two of whom 
                        are members of the Committee on Appropriations 
                        of the Senate;
                            (3) the chairman of the Committee on Armed 
                        Services of the House of Representatives, or his 
                        designee;
                            (4) four other members of the House of 
                        Representatives designated by the Speaker of the 
                        House of Representatives, two of whom are 
                        members of the Committee on Appropriations of 
                        the House of Representatives; and
                            (5) six persons designated by the President.
                (b) The persons designated by the President serve for 
            three years each except that any member whose term of office 
            has expired shall

[[Page 726]]

            continue to serve until his successor is appointed. The 
            President shall designate two persons each year to succeed 
            the members whose terms expire that year.
                (c) If a member of the Board dies or resigns, a 
            successor shall be designated for the unexpired portion of 
            the term by the official who designated the member.
                (d) The Board shall visit the Academy annually. With the 
            approval of the Secretary of the Navy, the Board or its 
            members may make other visits to the Academy in connection 
            with the duties of the Board or to consult with the 
            Superintendent of the Academy.
                (e) The Board shall inquire into the state of morale and 
            discipline, the curriculum, instruction, physical equipment, 
            fiscal affairs, academic methods, and other matters relating 
            to the Academy that the Board decides to consider.
                (f) Within 60 days after its annual visit, the Board 
            shall submit a written report to the President of its action 
            and of its views and recommendations pertaining to the 
            Academy. Any report of a visit, other than the annual visit, 
            shall, if approved by a majority of the members of the 
            Board, be submitted to the President within 60 days after 
            the approval.
                (g) Upon approval by the Secretary, the Board may call 
            in advisers for consultation.
                (h) While performing his duties, each member of the 
            Board and each adviser shall be reimbursed under Government 
            travel regulations for his travel expenses. (Aug. 10, 1956, 
            ch. 1041, Sec. 1, 70A Stat. 434; Dec. 23, 1980, Pub. L. 96-
            579, Sec. 13(b), 94 Stat. 3369; Feb. 10, 1996, Pub. L. 104-
            106, Div. A, Title X, Subtitle F, Sec. 1061(c)(2), Title XV, 
            Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div. 
            A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
            
                    Chapter 903.--UNITED STATES AIR FORCE ACADEMY

       944  Sec. 9342. Cadets: appointment; numbers, territorial 
                distribution.
                (a) The authorized strength of Air Force Cadets of the 
            Academy (determined for any year as of the day before the 
            last day of the academic year) is 4,000. Subject to that 
            limitation, Air Force Cadets are selected as follows:
                            (1) 65 cadets selected in order or merit as 
                        established by competitive examination from the 
                        children of members of the armed forces who were 
                        killed in action or died of, or have a service-
                        connected disability rated at not less than 100 
                        per centum resulting from wounds or injuries 
                        received or diseases contracted in, or 
                        preexisting injury or disease aggravated by, 
                        active service, children of members who are in a 
                        ``missing status'' as defined in section 551(2) 
                        of title 37, and children of civilian employees 
                        who are in ``missing status'' as defined in 
                        section 5561(5) of title 5. The determination of 
                        the Department of Veterans Affairs as to service 
                        connection of the cause of death or disability, 
                        and the percentage at which the disability is 
                        rated is binding upon the Secretary of the Air 
                        Force.
                            (2) Five cadets nominated at large by the 
                        Vice President or, if there is no Vice 
                        President, by the President pro tempore of the 
                        Senate.
                            (3) Ten cadets from each State, five of whom 
                        are nominated by each Senator from that State.

[[Page 727]]

                            (4) Five cadets from each congressional 
                        district, nominated by the Representative from 
                        the district.
                            (5) Five cadets from the District of 
                        Columbia, nominated by the Delegate to the House 
                        of Representatives from the District of 
                        Columbia.
                            (6) Two cadets from the Virgin Islands, 
                        nominated by the Delegate in Congress from the 
                        Virgin Islands.
                            (7) Six cadets from Puerto Rico, five of 
                        whom are nominated by the Resident Commissioner 
                        from Puerto Rico and one who is a native of 
                        Puerto Rico nominated by the Governor of Puerto 
                        Rico.
                            (8) Two cadets from Guam, nominated by the 
                        Delegate in Congress from Guam.
                            (9) One cadet from American Samoa, nominated 
                        by the Delegate in Congress from American Samoa.
                            (10) One cadet from the Commonwealth of the 
                        Northern Mariana Islands, nominated by the 
                        residents representative from the commonwealth.

            Each Senator, Representative, and Delegate in Congress, 
            including the Resident Commissioner from Puerto Rico, is 
            entitled to nominate 10 persons for each vacancy that is 
            available to him under this section. Nominees may be 
            submitted without ranking or with a principal candidate and 
            9 ranked or unranked alternates. Qualified nominees not 
            selected for appointment under this subsection shall be 
            considered qualified alternates for the purposes of 
            selection under other provisions of this chapter.

                (b) In addition, there may be appointed each year at the 
            Academy cadets as follows:
                            (1) one hundred selected by the President 
                        from the children of members of an armed force 
                        who--

                                (A) are on active duty (other than for 
                            training) and who have served continuously 
                            on active duty for at least eight years;

                                (B) are, or who died while they were, 
                            retired with pay or granted retired or 
                            retainer pay;

                                (C) are serving as members of reserve 
                            components and are credited with at least 
                            eight years of service computed under 
                            section 12733 of this title; or

                                (D) would be, or who died while they 
                            would have been, entitled to retired pay 
                            under Chapter 1223 of this title, except for 
                            not having attained 60 years of age;

                    however, a person who is eligible for selection 
                    under clause (1) of subsection (a) may not be 
                    selected under this clause.
                            (2) 85 nominated by the Secretary of the Air 
                        Force from enlisted members of the Regular Air 
                        Force.
                            (3) 85 nominated by the Secretary of the Air 
                        Force from enlisted members of reserve 
                        components of the Air Force.
                            (4) 20 nominated by the Secretary of the Air 
                        Force, under regulations prescribed by him, from 
                        the honor graduates of schools designated as 
                        honor schools by the Department of the Army, the 
                        Department of the Navy, or the Department of the 
                        Air Force, and from members of the Air Force 
                        Reserve Officers' Training Corps.
                            (5) 150 selected by the Secretary of the Air 
                        Force in order of merit (prescribed pursuant to 
                        section 9343 of this title) from quali

[[Page 728]]

                        fied alternates nominated by persons named in 
                        clauses (3) and (4) of subsection (a).
                            (c) The President may also appoint as cadets 
                        at the Academy children of persons who have been 
                        awarded the Medal of Honor for acts performed 
                        while in the armed forces.
                            (d) The Superintendent may nominate for 
                        appointment each year 50 persons from the 
                        country at large. Persons nominated under this 
                        paragraph may not displace any appointment 
                        authorized under clauses (2) through (9) of 
                        subsection (a) and may not cause the total 
                        strength of Air Force Cadets to exceed the 
                        authorized number.
                            (e) If the annual quota of cadets under 
                        subsection (b) (1), (2), or (3) is not filled, 
                        the Secretary may fill the vacancies by 
                        nominating for appointment other candidates from 
                        any of these sources who were found best 
                        qualified on examination for admission and not 
                        otherwise nominated.
                            (f) Each candidate for admission nominated 
                        under clauses (3) through (9) of subsection (a) 
                        must be domiciled in the State, or in the 
                        congressional district, from which he is 
                        nominated, or in the District of Columbia, 
                        Puerto Rico, American Samoa, Guam, or the Virgin 
                        Islands, if nominated from one of those places.
                            (g) The Secretary of the Air Force may limit 
                        the number of cadets authorized to be appointed 
                        under this section to the number that can be 
                        adequately accommodated at the Academy as 
                        determined by the Secretary after consulting 
                        with the Committee on Armed Services of the 
                        Senate and the Committee on Armed Services of 
                        the House of Representatives, subject to the 
                        following:
                            (1) Cadets chargeable to each nominating 
                        authority named in subsection (a) (3) or (4) may 
                        not be limited to less than four.
                            (2) If the Secretary limits the number of 
                        appointments under subsection (a) (3) or (4), 
                        appointments under subsection (b)(1)-(4) are 
                        limited as follows:

                                (A) 27 appointments under subsection 
                            (b)(1);

                                (B) 27 appointments under subsection 
                            (b)(2);

                                (C) 27 appointments under subsection 
                            (b)(3); and

                                (D) 13 appointments under subsection 
                            (b)(4).

                            (3) If the Secretary limits the number of 
                        appointments under subsection (b)(5), 
                        appointment under subsection (b)(2)-(4) are 
                        limited as follows:

                                (A) 27 appointments under subsection 
                            (b)(2);

                                (B) 27 appointments under subsection 
                            (b)(3); and

                                (C) 13 appointments under subsection 
                            (b)(4).

                            (4) The limitations provided for in this 
                        subsection do not affect the operation of 
                        subsection (e).
                (h) The Secretary of the Air Force shall furnish to any 
            Member of Congress, upon the written request of such Member, 
            the name of the Congressman or other nominating authority 
            responsible for the nomination of any named or identified 
            person for appointment to the Academy.
                (i) For purposes of the limitation in subsection (a) 
            establishing the aggregate authorized strength of Air Force 
            Cadets, the Secretary of the Air Force may for any year 
            permit a variance in that limitation by not more than one 
            percent. In applying that limitation, and any such variance, 
            the last day of an academic year shall be considered to be 
            graduation day.

[[Page 729]]

            (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 563; Sept. 14, 
            1962, Pub. L. 87-663, Sec. 1(5), (6), 76 Stat. 547; March 3, 
            1964, Pub. L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13, 
            1966, Pub. L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July 
            5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub. 
            L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L. 
            91-405, Title II, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, 
            Pub. L. 92-365, Sec. 1(3), 86 Stat. 505; Nov. 29, 1973, Pub. 
            L. 93-171, Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. 
            L. 94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 
            12, 1980, Pub. L. 96-513, Title V, Part B, Sec. 514(11), 94 
            Stat. 2935; Dec. 4, 1980, Pub. L. 96-600, Sec. 2(c), 94 
            Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II, 
            Sec. 203(c)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-
            94, Title X, Part A, Sec. 1005(a)(3), (b)(3), 97 Stat. 660, 
            661; Nov. 29, 1989, Pub. L. 101-189, Div. A, Title XVI, Part 
            C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L. 
            101-510, Div. A, Title V, Part C, Sec. 532(c)(1), 104 Stat 
            1563; Nov. 30, 1993, Pub. L. 103-160, Div. A, Title V, 
            Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L. 
            103-337, Div. A, Title XVI, Subtitle D, Sec. 1674(c)(3), 108 
            Stat. 3017; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V, 
            Subtitle D, Part I, Sec. 532(c), Title XV, Sec. 1502(a)(1), 
            110 Stat. 315, 502; Nov. 18, 1997, Pub. L. 105-85, Div. A, 
            Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub. 
            L. 106-65, Div. A, Title V, Sec. 531(b)(3), Title X, 
            Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Oct. 30, 
            2000, Pub. L. 106-398, Sec. 1 [Div. A, Title V, Sec. 531(c) 
            114 Stat. 1654A-110].

       945  Sec. 9355. Board of Visitors.
                (a) A Board of Visitors to the Academy is constituted 
            annually of--
                            (1) the chairman of the Committee on Armed 
                        Services of the Senate, or his designee;
                            (2) three other members of the Senate 
                        designated by the Vice President or the 
                        President pro tempore of the Senate, two of whom 
                        are members of the Committee on Appropriations 
                        of the Senate;
                            (3) the Chairman of the Committee on Armed 
                        Services of the House of Representatives, or his 
                        designee;
                            (4) four other members of the House of 
                        Representatives designated by the Speaker of the 
                        House of Representatives, two of whom are 
                        members of the Committee on Appropriations of 
                        the House of Representatives; and
                            (5) six persons designated by the President.
                (b) The persons designated by the President serve for 
            three years each except that any member whose term of office 
            has expired shall continue to serve until his successor is 
            appointed. The President shall designate two persons each 
            year to succeed the members whose terms expire that year.
                (c) If a member of the board dies or resigns, a 
            successor shall be designated for the unexpired portion of 
            the term by the official who designated the member.
                (d) The Board shall visit the Academy annually. With the 
            approval of the Secretary of the Air Force, the Board or its 
            members may make other visits to the Academy in connection 
            with the duties of the Board or to consult with the 
            Superintendent of the Academy.
                (e) The Board shall inquire into the morale and 
            discipline, the curriculum, instruction, physical equipment, 
            fiscal affairs, academic methods, and other matters relating 
            to the Academy which the Board decides to consider.

[[Page 730]]

                (f) Within 60 days after its annual visit, the Board 
            shall submit a written report to the President of its 
            action, and of its views and recommendations pertaining to 
            the Academy. Any report of a visit, other than the annual 
            visit, shall, if approved by a majority of the members of 
            the Board, be submitted to the President within 60 days 
            after the approval.
                (g) Upon approval by the Secretary, the Board may call 
            in advisers for consultation.
                (h) While performing his duties, each member of the 
            board and each adviser be reimbursed under Government travel 
            regulations for his travel expenses. (Aug. 10, 1956, ch. 
            1041, Sec. 1, 70A Stat. 567; Dec. 23, 1980, Pub. L. 95-579, 
            Sec. 13(c), 94 Stat. 3369; Feb. 10, 1996, Pub. L. 104-106, 
            Div A, Title X, Subtitle F, Sec. 1061(e)(2), Title XV, 
            Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div. 
            A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
            
              Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO 
                                      CONGRESS

       946  Sec. 10541. National Guard and reserve component equipment: 
                annual report to Congress.
                (a) The Secretary of Defense shall submit to the 
            Congress each year, not later than February 15, a written 
            report concerning the equipment of the National Guard and 
            the reserve components of the armed forces for each of the 
            three succeeding fiscal years.
                (b) Each report under this section shall include the 
            following:
                            (1) Recommendations as to the type and 
                        quantity of each major item of equipment which 
                        should be in the inventory of the Selected 
                        Reserve of the Ready Reserve of each reserve 
                        component of the armed forces.
                            (2) A statement of the quantity and average 
                        age of each type of major item of equipment 
                        which is expected to be physically available in 
                        the inventory of the Selected Reserve of the 
                        Ready Reserve of each reserve component as of 
                        the beginning of each fiscal year covered by the 
                        report.
                            (3) A statement of the quantity and cost of 
                        each type of major item of equipment which is 
                        expected to be procured for the Selective 
                        Reserve of the Ready Reserve of each reserve 
                        component from commercial sources or to be 
                        transferred to each such Selected Reserve from 
                        the active-duty components of the armed forces.
                            (4) A statement of the quantity of each type 
                        of major item of equipment which is expected to 
                        be retired, decommissioned, transferred, or 
                        otherwise removed from the physical inventory of 
                        the Selected Reserve of the Ready Reserve of 
                        each reserve component and the plans for 
                        replacement of that equipment.
                            (5) A listing of each major item of 
                        equipment required by the Selected Reserve of 
                        the Ready Reserve of each reserve component 
                        indicating--

                                (A) the full war-time requirement of 
                            that component for that item, shown in 
                            accordance with deployment schedules and 
                            requirements over successive 30-day periods 
                            following mobilization;

                                (B) the number of each such item in the 
                            inventory of the component;

[[Page 731]]

                                (C) a separate listing of each such item 
                            in the inventory that is a deployable item 
                            and is not the most desired item;

                                (D) the number of each such item 
                            projected to be in the inventory at the end 
                            of the third succeeding fiscal year; and

                                (E) the number of nondeployable items in 
                            the inventory as a substitute for a required 
                            major item of equipment.

                            (6) A narrative explanation of the plan of 
                        the Secretary concerned to provide equipment 
                        needed to fill the war-time requirement for each 
                        major item of equipment to all units of the 
                        Selected Reserve, including an explanation of 
                        the plan to equip units of the Selected Reserve 
                        that are short of major items of equipment at 
                        the outset of war.
                            (7) For each item of major equipment 
                        reported under paragraph (3) in a report for one 
                        of the three previous years under this section 
                        as an item expected to be procured for the 
                        Selected Reserve or to be transferred to the 
                        Selected Reserve, the quantity of such equipment 
                        actually procured for or transferred to the 
                        Selected Reserve.
                            (8) A statement of the current status of the 
                        compatibility of equipment between Army reserve 
                        components and active forces of the Army, the 
                        effect of that level of incompatibility on 
                        combat effectiveness, and a plan to achieve full 
                        equipment compatibility.
                (c) Each report under this section shall be expressed in 
            the same format and with the same level of detail as the 
            information presented in the annual Five Year Defense 
            Program Procurement Annex prepared by the Department of 
            Defense. (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990, 
            104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub. L. 
            102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541; 
            transferred, redesignated Sec. 10541, and amended Pub. L. 
            103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)


[[Page 732]]

 
                            TITLE 12.--BANKS AND BANKING

            
                         Chapter 3.--FEDERAL RESERVE SYSTEM

       950  Sec. 303. Qualifications and disabilities [of members of 
                Board of Governors of Federal Reserve System].
                No Senator * * * shall be a member of the Board of 
            Governors of the Federal Reserve System or an officer or a 
            director of a Federal Reserve bank. * * * (Dec. 23, 1913, 
            ch. 6, Sec. 4, 38 Stat. 255; Aug. 23, 1935, ch. 614, 
            Sec. 203(a), 49 Stat. 704.)


[[Page 733]]

 
                               TITLE 14.--COAST GUARD

            
                           Chapter 9.--COAST GUARD ACADEMY

       951  Sec. 194. Annual Board of Visitors.
                (a) In addition to the Advisory Committee, a Board of 
            Visitors to the Academy is established to visit the Academy 
            annually and to make recommendations on the operation of the 
            Academy.
                (b) The Board shall be composed of--
                            (1) two Senators designated by the Chairman 
                        of the Committee on Commerce, Science, and 
                        Transportation of the Senate;
                            (2) three Members of the House of 
                        Representatives designated by the Chairman of 
                        the Committee on Merchant Marine and Fisheries 
                        of the House of Representatives;
                            (3) one Senator designated by the President 
                        of the Senate;
                            (4) two Members of the House of 
                        Representatives designated by the Speaker of the 
                        House of Representatives; and
                            (5) the Chairman of the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate and the Chairman of the Committee on 
                        Merchant Marine and Fisheries of the House of 
                        Representatives, as ex offico Members.
                (c) When a Member is unable to attend the annual meeting 
            another Member may be designated as provided under 
            subsection (b).
                (d) When an ex officio Member is unable to attend the 
            annual meeting that Member may designate another Member.
                (e) Members of the Board shall be designated in the 
            First Session and serve for the duration of the Congress.
                (f) The Board shall visit the Academy annually on the 
            date chosen by the Secretary. Each Member of the Board shall 
            be reimbursed, to the extent permitted by law, by the Coast 
            Guard for actual expenses incurred while engaged in duties 
            as a Member of the Board. (Aug. 4, 1949, ch. 393, Sec. 1, 63 
            Stat. 510; Nov. 16, 1990, Pub. L. 101-595, Sec. 304, 104 
            Stat. 2984.)
                            15 u.s.c.--commerce and trade

                  general and permanent laws relating to the senate


[[Page 734]]


 
                            TITLE 15.--COMMERCE AND TRADE

            
                     Chapter 21.--NATIONAL POLICY ON EMPLOYMENT

       955  Sec. 1022. Economic Report of President; coverage; 
                supplementary reports; reference to congressional joint 
                committee; percentage rate of unemployment; definitions.
                (a) The President shall annually transmit to the 
            Congress not later than 10 days after the submission of the 
            budget under section 1105(a) of title 31, United States 
            Code, with copies transmitted to the Governor of each State 
            and to other appropriate State and local officials, an 
            economic report (hereinafter in this chapter referred to as 
            the ``Economic Report'') together with the annual report of 
            the Council of Economic Advisers submitted in accord with 
            section 1023(c) of this title, setting forth--
                            (1) the current and foreseeable trends in 
                        the levels of employment, unemployment, 
                        production, capital formation, real income, 
                        Federal budget outlays and receipts, 
                        productivity, international trade and payments, 
                        and prices, and a review and analysis of recent 
                        domestic and international developments 
                        affecting economic trends in the Nation;
                            (2)(A) annual numerical goals for employment 
                        and unemployment, production, real income, 
                        productivity, Federal outlays as a proportion of 
                        gross national product, and prices for the 
                        calendar year in which the Economic Report is 
                        transmitted and for the following calendar year, 
                        designated as short-term goals, which shall be 
                        consistent with achieving as rapidly as feasible 
                        the goals of full employment and production, 
                        increased real income, balanced growth, fiscal 
                        policies that would establish the share of an 
                        expanding gross national product accounted for 
                        by Federal outlays at the lowest level 
                        consistent with national needs and priorities, a 
                        balanced Federal budget, adequate productivity 
                        growth, price stability, achievement of an 
                        improved trade balance, and proper attention to 
                        national priorities; and
                            (B) annual numerical goals as specified in 
                        subparagraph (A) for the three successive 
                        calendar years, designated as medium term goals;
                            (3) employment objectives for certain 
                        significant subgroups of the labor force, 
                        including youth, women, minorities, handicapped 
                        persons, veterans, and middle-aged and older 
                        persons; and
                            (4) a program for carrying out the policy 
                        declared in section 1021 of this title, together 
                        with such recommendations for legislation as the 
                        President may deem necessary or desirable.
                (b) The President may transmit from time to time to the 
            Congress reports supplementary to the Economic Report, each 
            of which shall include such supplementary or revised 
            recommendations as he may deem necessary or desirable to 
            achieve the policy declared in section 1021 of this title.

[[Page 735]]

                (c) The Economic Report, and all supplementary reports 
            transmitted under subsection (b) of this section, shall, 
            when transmitted to Congress, be referred to the joint 
            committee created by section 1024 of this title.
                (d) For the purposes of the Full Employment and Balanced 
            Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the 
            percentage rate of unemployment as a percentage of the 
            civilian labor force as set forth by the Bureau of Labor 
            Statistics in the Department of Labor as computed under the 
            procedures in effect as of October 27, 1978.
                (e) For the purpose of the Full Employment and Balanced 
            Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the 
            terms ``inflation'', ``prices'', and ``reasonable price 
            stability'' refer to the rate of change or level of the 
            consumer price index as set forth by the Bureau of Labor 
            Statistics, United States Department of Labor. (Feb. 20, 
            1946, ch. 33, Sec. 3, 60 Stat. 24; Aug. 2, 1946, ch. 753, 
            Sec. 226, 60 Stat. 838; June 18, 1956, ch. 399, Sec. 1, 70 
            Stat. 289; Oct. 27, 1978, Pub. L. 95-523, Sec. 103, 92 Stat. 
            1892; May 10, 1979, Pub. L. 96-10, Sec. 6(d), 93 Stat. 24; 
            Nov. 5, 1990, Pub. L. 101-508, Title XIII, Sec. 13112(e), 
            104 Stat. 1388.)
       956  Sec. 1024. Joint Economic Committee.
                (a) There is established a Joint Economic Committee, to 
            be composed of ten Members of the Senate, to be appointed by 
            the President of the Senate, and ten Members of the House of 
            Representatives, to be appointed by the Speaker of the House 
            of Representatives. In each case, the majority party shall 
            be represented by six Members and the minority party shall 
            be represented by four Members.
                (b) It shall be the function of the joint committee--
                            (1) to make a continuing study of matters 
                        relating to the Economic Report;
                            (2) to study means of coordinating programs 
                        in order to further the policy of this chapter; 
                        and
                            (3) as a guide to the several committees of 
                        the Congress dealing with legislation relating 
                        to the Economic Report, not later than March 1 
                        of each year (beginning with the year 1947) to 
                        file a report with the Senate and the House of 
                        Representatives containing its findings and 
                        recommendations with respect to each of the main 
                        recommendations made by the President in the 
                        Economic Report, and from time to time to make 
                        such other reports and recommendations to the 
                        Senate and House of Representatives as it deems 
                        advisable.
                (c) Vacancies in the membership of the joint committee 
            shall not affect the power of the remaining members to 
            execute the functions of the joint committee, and shall be 
            filled in the same manner as in the case of the original 
            selection. The joint committee shall select a chairman and a 
            vice chairman from among its members.
                (d) The joint committee, or any duly authorized 
            subcommittee thereof, is authorized to hold such hearings as 
            it deems advisable, and, within the limitations of its 
            appropriations, the joint committee is empowered to appoint 
            and fix the compensation of such experts, consultants, 
            technicians, and clerical and stenographic assistants, to 
            procure such printing and binding, and to make such 
            expenditures, as it deems necessary and advisable. The cost 
            of stenographic services to report hearings of the joint 
            committee, or any subcommittee thereof, shall not exceed 25 
            cents per hundred words. The joint committee is authorized 
            to utilize

[[Page 736]]

            the services, information, and facilities of the departments 
            and establishments of the Government, and also of private 
            research agencies.
                (e) To enable the joint committee to exercise its 
            powers, functions, and duties there are authorized to be 
            appropriated for each fiscal year such sums as may be 
            necessary, to be disbursed by the Secretary of the Senate on 
            vouchers signed by the chairman or vice chairman, except 
            that vouchers shall not be required for the disbursement of 
            salaries of employees paid at an annual rate.
                (f) Service of one individual, until the completion of 
            the investigation authorized by Senate Concurrent Resolution 
            26, Eighty-first Congress, as an attorney or expert for the 
            joint committee, in any business or professional field, on a 
            part-time basis, with or without compensation, shall not be 
            considered as service or employment bringing such individual 
            within the provisions of sections 281, 283, or 284 of title 
            18, or of any other Federal law imposing restrictions, 
            requirements, or penalties in relation to the employment of 
            persons, the performance of services, or the payment or 
            receipt of compensation in connection with any claim, 
            proceeding, or matter involving the United States. (Feb. 20, 
            1946, ch. 33, Sec. 5, 60 Stat. 25; Aug. 2, 1946, ch. 753, 
            Sec. 225, 60 Stat. 838; Feb. 2, 1948, ch. 42, 62 Stat. 16, 
            Oct. 6, 1949, ch. 627, Sec. Sec. 1, 2, 63 Stat. 721; June 
            18, 1956, ch. 399, Sec. 2, 70 Stat. 290; Feb. 17, 1959, Pub. 
            L. 86-1, 73 Stat. 3; Oct. 13, 1964, Pub. L. 88-661, 78 Stat. 
            1093; Jan. 25, 1967, Pub. L. 90-2, 81 Stat. 4; Dec. 27, 
            1974, Pub. L. 93-554, Sec. 101, 88 Stat. 1776.) (Note: 
            Section 5 of act of February 20, 1946, ch. 33, 60 Stat. 25 
            was redesignated Section 11 by Pub. L. 95-523, Title I, 
            Sec. 104, Oct. 27, 1978, 92 Stat. 1893.)
       957  Sec. 1025. Same; printing of monthly publication entitled 
                ``Economic Indicators''; distribution.
                The Joint Economic Committee is authorized to issue a 
            monthly publication entitled ``Economic Indicators'', and a 
            sufficient quantity shall be printed to furnish one copy to 
            each Member of Congress; the Secretary and the Sergeant at 
            Arms of the Senate; the Clerk, Sergeant at Arms, and Chief 
            Administrative Officer of the House of Representatives; two 
            copies to the libraries of the Senate and House, and the 
            Congressional Library; seven hundred copies to the Joint 
            Economic Committee; and the required number of copies to the 
            Superintendent of Documents for distribution to depository 
            libraries; and the Superintendent of Documents is authorized 
            to have copies printed for sale to the public. (June 23, 
            1949, ch. 237, 63 Stat. 264; Pub. L. 104-186, Title II, 
            Sec. 217, Aug. 20, 1996, 110 Stat. 1747.)
                      18 u.s.c.--crimes and criminal procedure

                  general and permanent laws relating to the senate


[[Page 737]]


 
                      TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

            
               Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

       960  Sec. 201. Bribery of public officials and witnesses
                (a) For the purpose of this section--
                            (1) the term ``public official'' means 
                        Member of Congress, Delegate, or Resident 
                        Commissioner, either before or after such 
                        official has qualified, or an officer or 
                        employee or person acting for or on behalf of 
                        the United States, or any department, agency or 
                        branch of Government thereof, including the 
                        District of Columbia, in any official function, 
                        under or by authority of any such department, 
                        agency, or branch of Government, or a juror;
                            (2) the term ``person who has been selected 
                        to be a public official'' means any person who 
                        has been nominated or appointed to be a public 
                        official, or has been officially informed that 
                        such person will be so nominated or appointed; 
                        and
                            (3) the term ``official act'' means any 
                        decision or action on any question, matter, 
                        cause, suit, proceeding or controversy, which 
                        may at any time be pending, or which may by law 
                        be brought before any public official, in such 
                        official's official capacity, or in such 
                        official's place of trust or profit.
                (b) Whoever--
                            (1) directly or indirectly, corruptly gives, 
                        offers or promises anything of value to any 
                        public official or person who has been selected 
                        to be a public official, or offers or promises 
                        any public official or any person who has been 
                        selected to be a public official to give 
                        anything of value to any other person or entity, 
                        with intent--

                                (A) to influence any official act; or

                                (B) to influence such public official or 
                            person who has been selected to be a public 
                            official to commit or aid in committing, or 
                            collude in, or allow, any fraud, or make 
                            opportunity for the commission of any fraud, 
                            on the United States; or

                                (C) to induce such public official or 
                            such person who has been selected to be a 
                            public official to do or omit to do any act 
                            in violation of the lawful duty of such 
                            official or person;

                            (2) being a public official or person 
                        selected to be a public official, directly or 
                        indirectly, corruptly demands, seeks, receives, 
                        accepts, or agrees to receive or accept anything 
                        of value personally or for any other person or 
                        entity, in return for--

                                (A) being influenced in the performance 
                            of any official act;

                                (B) being influenced to commit or aid in 
                            committing, or to collude in, or allow, any 
                            fraud, or make opportunity for the 
                            commission of any fraud, on the United 
                            States; or

                                (C) being induced to do or omit to do 
                            any act in violation of the official duty of 
                            such official or person;

                            (3) directly or indirectly, corruptly gives, 
                        offers, or promises anything of value to any 
                        person, or offers or promises such person

[[Page 738]]

                        to give anything of value to any other person or 
                        entity, with intent to influence the testimony 
                        under oath or affirmation of such first-
                        mentioned person as a witness upon a trial, 
                        hearing, or other proceeding, before any court, 
                        any committee of either House or both Houses of 
                        Congress, or any agency, commission, or officer 
                        authorized by the laws of the United States to 
                        hear evidence or take testimony, or with intent 
                        to influence such person to absent himself 
                        therefrom;
                            (4) directly or indirectly, corruptly 
                        demands, seeks, receives, accepts, or agrees to 
                        receive or accept anything of value personally 
                        or for any other person or entity in return for 
                        being influenced in testimony under oath or 
                        affirmation as a witness upon any such trial, 
                        hearing, or other proceeding, or in return for 
                        absenting himself therefrom;

            shall be fined under this title or not more than three times 
            the monetary equivalent of the thing of value, whichever is 
            greater, or imprisoned for not more than fifteen years, or 
            both, and may be disqualified from holding any office of 
            honor, trust, or profit under the United States.

                (c) Whoever--
                            (1) otherwise than as provided by law for 
                        the proper discharge of official duty--

                                (A) directly or indirectly gives, 
                            offers, or promises anything of value to any 
                            public official, former public official, or 
                            person selected to be a public official, for 
                            or because of any official act performed or 
                            to be performed by such public official, 
                            former public official, or person selected 
                            to be a public official; or

                                (B) being a public official, former 
                            public official, or person selected to be a 
                            public official, otherwise than as provided 
                            by law for the proper discharge of official 
                            duty, directly or indirectly demands, seeks, 
                            receives, accepts, or agrees to receive or 
                            accept anything of value personally for or 
                            because of any official act performed or to 
                            be performed by such official or person;

                            (2) directly or indirectly, gives, offers, 
                        or promises anything of value to any person, for 
                        or because of the testimony under oath or 
                        affirmation given or to be given by such person 
                        as a witness upon a trial, hearing, or other 
                        proceeding, before any court, any committee of 
                        either House or both Houses of Congress, or any 
                        agency, commission, or officer authorized by the 
                        laws of the United States to hear evidence or 
                        take testimony, or for or because of such 
                        person's absence therefrom;
                            (3) directly or indirectly, demands, seeks, 
                        receives, accepts, or agrees to receive or 
                        accept anything of value personally for or 
                        because of the testimony under oath or 
                        affirmation given or to be given by such person 
                        as a witness upon any such trial, hearing, or 
                        other proceeding, or for or because of such 
                        person's absence therefrom;

            shall be fined under this title or imprisoned for not more 
            than two years, or both.

                (d) Paragraphs (3) and (4) of subsection (b) and 
            paragraphs (2) and (3) of subsection (c) shall not be 
            construed to prohibit the payment or receipt of witness fees 
            provided by law, or the payment, by the party upon whose 
            behalf a witness is called and receipt by a witness, of the 
            reasonable cost of travel and subsistence incurred and the 
            reasonable value of time lost in attendance at any such 
            trial, hearing, or

[[Page 739]]

            proceeding, or in the case of expert witnesses, a reasonable 
            fee for time spent in the preparation of such opinion, and 
            in appearing and testifying.
                (e) The offenses and penalties prescribed in this 
            section are separate from and in addition to those 
            prescribed in sections 1503, 1504, and 1505 of this title. 
            (Oct. 23, 1962; Pub. L. 87-849, Sec. 1(a), 76 Stat. 1119, 
            and amended Pub. L. 91-405, Title II, Sec. 204(d)(1), Sept. 
            22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 46(a), Nov. 10, 
            1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub. L. 103-322, 
            Sec. 330016(2)(D), 108 Stat. 2148.)
       961  Sec. 202. Definitions
                (a) For the purpose of sections 203, 205, 207, 208, and 
            209 of this title the term ``special Government employee'' 
            shall mean an officer or employee of the executive or 
            legislative branch of the United States Government, of any 
            independent agency of the United States or of the District 
            of Columbia, who is retained, designated, appointed, or 
            employed to perform, with or without compensation, for not 
            to exceed one hundred and thirty days during any period of 
            three hundred and sixty-five consecutive days, temporary 
            duties either on a full-time or intermittent basis, or a 
            part-time United States commissioner, a part-time United 
            States magistrate, or, regardless of the number of days of 
            appointment, an independent counsel appointed under chapter 
            40 of title 28 and any person appointed by that independent 
            counsel under section 594(c) of title 28. Notwithstanding 
            the next preceding sentence, every person serving as a part-
            time local representative of a Member of Congress in the 
            Member's home district or State shall be classified a 
            special Government employee. Notwithstanding section 29 (c) 
            and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 
            U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed 
            Forces, or an officer of the National Guard of the United 
            States, unless otherwise an officer or employee of the 
            United States, shall be classified as a special Government 
            employee while on active duty solely for training. A Reserve 
            officer of the Armed Forces or an officer of the National 
            Guard of the United States who is voluntarily serving a 
            period of extended active duty in excess of one hundred and 
            thirty days shall be classified as an officer of the United 
            States within the meaning of section 203 and sections 205 
            through 209 and 218. A Reserve officer of the Armed Forces 
            or an officer of the National Guard of the United States who 
            is serving involuntarily shall be classified as a special 
            Government employee. The terms ``officer or employee'' and 
            ``special Government employee'' as used in sections 203, 
            205, 207 through 209, and 218, shall not include enlisted 
            members of the Armed Forces.
                \1\ Section 30r (c) and (d) of title 5, United States 
                Code, is now contained in sections 502, 2105(d), and 
                5534 of that title.
                (b) For the purposes of sections 205 and 207 of this 
            title, the term ``official responsibility'' means the direct 
            administrative or operating authority, whether intermediate 
            or final, and either exercisable alone or with others, and 
            either personally or through subordinates, to approve, 
            disapprove, or otherwise direct Government action.
                (c) Except as otherwise provided in such sections, the 
            terms ``officer'' and ``employee'' in sections 203, 205, 207 
            through 209, and 218 of this title shall not include the 
            President, the Vice President, a Member of Congress, or a 
            Federal judge.

[[Page 740]]

                (d) The term ``Member of Congress'' in sections 204 and 
            207 means--
                            (1) A United States Senator; and
                            (2) a Representative in, or a Delegate or 
                        Resident Commissioner to, the House of 
                        Representatives.
                (e) As used in this chapter, the term--
                            (1) ``executive branch'' includes each 
                        executive agency as defined in title 5, and any 
                        other entity or administrative unit in the 
                        executive branch;
                            (2) ``judicial branch'' means the Supreme 
                        Court of the United States; the United States 
                        courts of appeals; the United States district 
                        courts; the Court of International Trade; the 
                        United States bankruptcy courts; any court 
                        created pursuant to article I of the United 
                        States Constitution, including the Court of 
                        Appeals for the Armed Forces, the United States 
                        Court of Federal Claims, and the United States 
                        Tax Court, but not including a court of a 
                        territory or possession of the United States; 
                        the Federal Judicial Center, and any other 
                        agency, office, or entity in the judicial 
                        branch; and
                            (3) ``legislative branch'' means--

                                (A) the Congress; and

                                (B) the Office of the Architect of the 
                            Capitol, the United States Botanic Garden, 
                            the General Accounting Office, the 
                            Government Printing Office, the Library of 
                            Congress, the Office of Technology 
                            Assessment, the Congressional Budget Office, 
                            the United States Capitol Police, and any 
                            other agency, entity, office, or commission 
                            established in the legislative branch.

            (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 691; Oct. 23, 
            1962, Pub. L. 87-849, 76 Stat. 1121; Oct. 17, 1968, Pub. L. 
            90-578, Sec. 301(b), 82 Stat. 1115; Pub. L. 100-191, 
            Sec. 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101-194, 
            Title IV, Sec. 401, Nov. 30, 1989, 103 Stat. 1747; Pub. L. 
            101-280, Sec. 5(a), May 4, 1990, 104 Stat. 158; Pub. L. 102-
            572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 
            103-337, Sec. 924(d)(1), Oct. 5, 1994, 108 Stat. 2832.)

       962  Sec. 203. Compensation to Members of Congress, officers, and 
                others in matters affecting the Government
                (a) Whoever, otherwise than as provided by law for the 
            proper discharge of official duties, directly or 
            indirectly--
                            (1) demands, seeks, receives, accepts, or 
                        agrees to receive or accept any compensation for 
                        any representational services, as agent or 
                        attorney or otherwise, services rendered or to 
                        be rendered either personally or by another--

                                (A) at a time when such person is a 
                            Member of Congress, Member of Congress 
                            Elect, Delegate, Delegate Elect, Resident 
                            Commissioner, or Resident Commissioner 
                            Elect; or

                                (B) at a time when such person is an 
                            officer or employee or Federal judge of the 
                            United States in the executive, legislative, 
                            or judicial branch of the Government, or in 
                            any agency of the United States,

                    in relation to any proceeding, application, request 
                    for a ruling or other determination, contract, 
                    claim, controversy, charge, accusation, arrest, or 
                    other particular matter in which the United States 
                    is a party or has a direct and substantial interest, 
                    before any department, agency, court, court-martial, 
                    officer, or any civil, military, or naval 
                    commission; or

[[Page 741]]

                            (2) knowingly gives, promises, or offers any 
                        compensation for any such representational 
                        services rendered or to be rendered at a time 
                        when the person to whom the compensation is 
                        given, promised, or offered, is or was such a 
                        Member, Member Elect, Delegate, Delegate Elect, 
                        Commissioner, Commissioner Elect, Federal judge, 
                        officer, or employee;

            shall be subject to the penalties set forth in section 216 
            of this title.

                (b) Whoever, otherwise than as provided by law for the 
            proper discharge of official duties, directly or 
            indirectly--
                            (1) demands, seeks, receives, accepts, or 
                        agrees to receive or accept any compensation for 
                        any representational services, as agent or 
                        attorney or otherwise, rendered or to be 
                        rendered either personally or by another, at a 
                        time when such person is an officer or employee 
                        of the District of Columbia, in relation to any 
                        proceeding, application, request for a ruling or 
                        other determination, contract, claim, 
                        controversy, charge, accusation, arrest, or 
                        other particular matter in which the District of 
                        Columbia is a party or has a direct and 
                        substantial interest, before any department, 
                        agency, court, officer, or commission; or
                            (2) knowingly gives, promises, or offers any 
                        compensation for any such representational 
                        services rendered or to be rendered at a time 
                        when the person to whom the compensation is 
                        given, promised, or offered, is or was an 
                        officer or employee of the District of Columbia;

            shall be subject to the penalties set forth in section 216 
            of this title.

                (c) A special Government employee shall be subject to 
            subsection (a) only in relation to a particular matter 
            involving a specific party or parties--
                            (1) in which such employee has at any time 
                        participated personally and substantially as a 
                        Government employee or as a special Government 
                        employee through decision, approval, 
                        disapproval, recommendation, the rendering of 
                        advice, investigation or otherwise; or
                            (2) which is pending in the department or 
                        agency of the Government in which such employee 
                        is serving except that paragraph (2) of this 
                        subsection shall not apply in the case of a 
                        special Government employee who has served in 
                        such department or agency no more than sixty 
                        days during the immediately preceding period of 
                        three hundred and sixty-five consecutive days.
                (d) Nothing in this section prevents an officer or 
            employee, including a special Government employee, from 
            acting, with or without compensation, as agent or attorney 
            for or otherwise representing his parents, spouse, child, or 
            any person for whom, or for any estate for which, he is 
            serving as guardian, executor, administrator, trustee, or 
            other personal fiduciary except--
                            (1) in those matters in which he has 
                        participated personally and substantially as a 
                        Government employee or as a special Government 
                        employee through decision, approval, 
                        disapproval, recommendation, the rendering of 
                        advice, investigation, or otherwise; or
                            (2) in those matters that are the subject of 
                        his official responsibility,

            subject to approval by the Government official responsible 
            for appointment to his position.

[[Page 742]]

                (e) Nothing in this section prevents a special 
            Government employee from acting as agent or attorney for 
            another person in the performance of work under a grant by, 
            or a contract with or for the benefit of, the United States 
            if the head of the department or agency concerned with the 
            grant or contract certifies in writing that the national 
            interest so requires and publishes such certification in the 
            Federal Register.
                (f) Nothing in this section prevents an individual from 
            giving testimony under oath or from making statements 
            required to be made under penalty of perjury. (Oct. 23, 
            1962, Pub. L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended 
            Pub. L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22, 
            1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10, 
            1986, 100 Stat. 3604, 3605; Pub. L. 101-194, Title IV, 
            Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101-280, 
            Sec. 5(b), May 4, 1990, 104 Stat. 159.)
       963  Sec. 204. Practice in United States Court of Federal Claims 
                or the United States Court of Appeals for the Federal 
                Circuit by Members of Congress
                Whoever, being a Member of Congress or Member of 
            Congress Elect, practices in the United States Court of 
            Federal Claims or the United States Court of Appeals for the 
            Federal Circuit shall be subject to the penalties set forth 
            in section 216 of this title. (June 25, 1948, ch. 645, 62 
            Stat. 697; Oct. 23, 1962; Pub. L. 87-849, 76 Stat. 1122; 
            Sept. 22, 1970; Pub. L. 91-405, Sec. 204(d), 84 Stat. 853; 
            Pub. L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub. L. 
            101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749; 
            Pub. L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 
            4516.)
       964  Sec. 205. Activities of officers and employees in claims 
                against and other matters affecting the Government
                (a) Whoever, being an officer or employee of the United 
            States in the executive, legislative, or judicial branch of 
            the Government or in any agency of the United States, other 
            than in the proper discharge of his official duties--
                            (1) acts as agent or attorney for 
                        prosecuting any claim against the United States, 
                        or receives any gratuity, or any share of or 
                        interest in any such claim, in consideration of 
                        assistance in the prosecution of such claim; or
                            (2) acts as agent or attorney for anyone 
                        before any department, agency, court, court-
                        martial, officer, or civil, military, or naval 
                        commission in connection with any covered matter 
                        in which the United States is a party or has a 
                        direct and substantial interest;

            shall be subject to the penalties set forth in section 216 
            of this title.

                (b) Whoever, being an officer or employee of the 
            District of Columbia or an officer or employee of the Office 
            of the United States Attorney for the District of Columbia, 
            otherwise than in the proper discharge of official duties--
                            (1) acts as agent or attorney for 
                        prosecuting any claim against the District of 
                        Columbia, or receives any gratuity, or any share 
                        of or interest in any such claim in 
                        consideration of assistance in the prosecution 
                        of such claim; or
                            (2) acts as agent or attorney for anyone 
                        before any department, agency, court, officer, 
                        or commission in connection with any covered 
                        matter in which the District of Columbia is a 
                        party or has a direct and substantial interest;

[[Page 743]]

            shall be subject to the penalties set forth in section 216 
            of this title.

                (c) A special Government employee shall be subject to 
            subsections (a) and (b) only in relation to a covered matter 
            involving a specific party or parties--
                            (1) in which he has at any time participated 
                        personally and substantially as a Government 
                        employee or special Government employee through 
                        decision, approval, disapproval, recommendation, 
                        the rendering of advice, investigation, or 
                        otherwise; or
                            (2) which is pending in the department or 
                        agency of the Government in which he is serving.

            Paragraph (2) shall not apply in the case of a special 
            Government employee who has served in such department or 
            agency no more than sixty days during the immediately 
            preceding period of three hundred and sixty-five consecutive 
            days.

                (d)(1) Nothing in subsection (a) or (b) prevents an 
            officer or employee, if not inconsistent with the faithful 
            performance of that officer's or employee's duties, from 
            acting without compensation as agent or attorney for, or 
            otherwise representing--
                            (A) any person who is the subject of 
                        disciplinary, loyalty, or other personnel 
                        administration proceedings in connection with 
                        those proceedings; or
                            (B) except as provided in paragraph (2), any 
                        cooperative, voluntary, professional, 
                        recreational, or similar organization or group 
                        not established or operated for profit, if a 
                        majority of the organization's or group's 
                        members are current officers or employees of the 
                        United States or of the District of Columbia, or 
                        their spouses or dependent children.
                (2) Paragraph (1)(B) does not apply with respect to a 
            covered matter that--
                            (A) is a claim under subsection (a)(1) or 
                        (b)(1);
                            (B) is a judicial or administrative 
                        proceeding where the organization or group is a 
                        party; or
                            (C) involves a grant, contract, or other 
                        agreement (including a request for any such 
                        grant, contract, or agreement) providing for the 
                        disbursement of Federal funds to the 
                        organization or group.
                (e) Nothing in subsection (a) or (b) prevents an officer 
            or employee, including a special Government employee, from 
            acting, with or without compensation, as agent or attorney 
            for, or otherwise representing, his parents, spouse, child, 
            or any person for whom, or for any estate for which, he is 
            serving as guardian, executor, administrator, trustee, or 
            other personal fiduciary except--
                            (1) in those matters in which he has 
                        participated personally and substantially as a 
                        Government employee or special Government 
                        employee through decision, approval, 
                        disapproval, recommendation, the rendering of 
                        advice, investigation, or otherwise, or
                            (2) in those matters which are the subject 
                        of his official responsibility,

            subject to approval by the Government official responsible 
            for appointment to his position.

                (f) Nothing in subsection (a) or (b) prevents a special 
            Government employee from acting as agent or attorney for 
            another person in the performance of work under a grant by, 
            or a contract with or for the benefit of, the United States 
            if the head of the department or agency

[[Page 744]]

            concerned with the grant or contract certifies in writing 
            that the national interest so requires and publishes such 
            certification in the Federal Register.
                (g) Nothing in this section prevents an officer or 
            employee from giving testimony under oath or from making 
            statements required to be made under penalty for perjury or 
            contempt.
                (h) For the purpose of this section, the term ``covered 
            matter'' means any judicial or other proceeding, 
            application, request for a ruling or other determination, 
            contract, claim, controversy, investigation, charge, 
            accusation, arrest, or other particular matter.
                (i) Nothing in this section prevents an employee from 
            acting pursuant to--
                            (1) chapter 71 of title 5;
                            (2) section 1004 or chapter 12 of title 39;
                            (3) section 3 of the Tennessee Valley 
                        Authority Act of 1933 (16 U.S.C. 831b);
                            (4) chapter 10 of title I of the Foreign 
                        Service Act of 1980 (22 U.S.C. 4104 et seq.); or
                            (5) any provision of any other Federal or 
                        District of Columbia law that authorizes labor-
                        management relations between an agency or 
                        instrumentality of the United States or the 
                        District of Columbia and any labor organization 
                        that represents its employees.

            (Added Pub. L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat. 
            1122, and amended Pub. L. 101-194, Title IV, Sec. 404, Nov. 
            30, 1989, 103 Stat. 1750; Pub. L. 101-280, Sec. 5(c), May 4, 
            1990, 104 Stat. 159; Pub. L. 104-177, Sec. 2, Aug. 6, 1996, 
            110 Stat. 1563.)

       965  Sec. 207. Restrictions on former officers, employees, and 
                elected officials of the executive and legislative 
                branches
                (a) Restrictions on all officers and employees of the 
            executive branch and certain other agencies.--
                            (1) Permanent restrictions on representation 
                        on particular matters.--Any person who is an 
                        officer or employee (including any special 
                        Government employee) of the executive branch of 
                        the United States (including any independent 
                        agency of the United States), or of the District 
                        of Columbia, and who, after the termination of 
                        his or her service or employment with the United 
                        States or the District of Columbia, knowingly 
                        makes, with the intent to influence, any 
                        communication to or appearance before any 
                        officer or employee of any department, agency, 
                        court, or court-martial of the United States or 
                        the District of Columbia, on behalf of any other 
                        person (except the United States or the District 
                        of Columbia) in connection with a particular 
                        matter--

                                (A) in which the United States or the 
                            District of Columbia is a party or has a 
                            direct and substantial interest,

                                (B) in which the person participated 
                            personally and substantially as such officer 
                            or employee, and

                                (C) which involved a specific party or 
                            specific parties at the time of such 
                            participation,

                    shall be punished as provided in section 216 of this 
                    title.
                            (2) Two-year restrictions concerning 
                        particular matters under official 
                        responsibility.--Any person subject to the 
                        restrictions contained in paragraph (1) who, 
                        within 2 years after the termination of his or 
                        her service or employment with the United States 
                        or the District

[[Page 745]]

                        of Columbia, knowingly makes, with the intent to 
                        influence, any communication to or appearance 
                        before any officer or employee of any 
                        department, agency, court, or court-material of 
                        the United States or the District of Columbia, 
                        on behalf of any other person (except the United 
                        States or the District of Columbia), in 
                        connection with a particular matter--

                                (A) in which the United States or the 
                            District of Columbia is a party or has a 
                            direct and substantial interest,

                                (B) which such person knows or 
                            reasonably should know was actually pending 
                            under his or her official responsibility as 
                            such officer or employee within a period of 
                            1 year before the termination of his or her 
                            service or employment with the United States 
                            or the District of Columbia, and

                                (C) which involved a specific party or 
                            specific parties at the time it was so 
                            pending,

                    shall be punished as provided in section 216 of this 
                    title.
                            (3) Clarification of restrictions.--The 
                        restrictions contained in paragraphs (1) and (2) 
                        shall apply--

                                (A) in the case of an officer or 
                            employee of the executive branch of the 
                            United States (including any independent 
                            agency), only with respect to communications 
                            to or appearances before any officer or 
                            employee of any department, agency, court, 
                            or court-martial of the United States on 
                            behalf of any other person (except the 
                            United States), and only with respect to a 
                            matter in which the United States is a party 
                            or has a direct and substantial interest; 
                            and

                                (B) in the case of an officer or 
                            employee of the District of Columbia, only 
                            with respect to communications to or 
                            appearances before any officer or employee 
                            of any department, agency or court of the 
                            District of Columbia on behalf of any other 
                            person (except the District of Columbia), 
                            and only with respect to a matter in which 
                            the District of Columbia is a party or has a 
                            direct and substantial interest.

                (b) One-year restrictions on aiding or advising.--
                            (1) In general.--Any person who is a former 
                        officer or employee of the executive branch of 
                        the United States (including any independent 
                        agency) and is subject to the restrictions 
                        contained in subsection (a)(1), or any person 
                        who is a former officer or employee of the 
                        legislative branch or a former Member of 
                        Congress, who personally and substantially 
                        participated in any ongoing trade or treaty 
                        negotiation on behalf of the United States 
                        within the 1-year period preceding the date on 
                        which his or her service or employment with the 
                        United States terminated, and who had access to 
                        information concerning such trade or treaty 
                        negotiation which is exempt from disclosure 
                        under section 552 of title 5, which is so 
                        designated by the appropriate department or 
                        agency, and which the person knew or should have 
                        known was so designated, shall not, on the basis 
                        of that information, knowingly represent, aid, 
                        or advise any other person (except the United 
                        States) concerning such ongoing trade or treaty 
                        negotiation for a period of 1 year after his or 
                        her service or employment with the United States 
                        terminates. Any person who violates this 
                        subsection shall be punished as provided in 
                        section 216 of this title.

[[Page 746]]

                            (2) Definition.--For purposes of this 
                        paragraph--

                                (A) the term ``trade negotiation'' means 
                            negotiations which the President determines 
                            to undertake to enter into a trade agreement 
                            pursuant to section 1102 of the Omnibus 
                            Trade and Competitiveness Act of 1988, and 
                            does not include any action taken before 
                            that determination is made; and

                                (B) the term ``treaty'' means an 
                            international agreement made by the 
                            President that requires the advice and 
                            consent of the Senate.

                (c) One-year restrictions on certain senior personnel of 
            the executive branch and independent agencies.--
                            (1) Restrictions.--In addition to the 
                        restrictions set forth in subsections (a) and 
                        (b), any person who is an officer or employee 
                        (including any special Government employee) of 
                        the executive branch of the United States 
                        (including an independent agency), who is 
                        referred to in paragraph (2), and who, within 1 
                        year after the termination of his or her service 
                        or employment as such officer or employee, 
                        knowingly makes, with the intent to influence, 
                        any communication to or appearance before any 
                        officer or employee of the department or agency 
                        in which such person served within 1 year before 
                        such termination, on behalf of any other person 
                        (except the United States), in connection with 
                        any matter on which such person seeks official 
                        action by any officer or employee of such 
                        department or agency, shall be punished as 
                        provided in section 216 of this title.
                            (2) Persons to whom restrictions apply.--

                                (A) Paragraph (1) shall apply to a 
                            person (other than a person subject to the 
                            restrictions of subsection (d))--

                                        (i) employed at a rate of pay 
                                    specified in or fixed according to 
                                    subchapter II of chapter 53 of title 
                                    5,

                                        (ii) employed in a position 
                                    which is not referred to in clause 
                                    (i) and for which the basic rate of 
                                    pay, exclusive of any locality-based 
                                    pay adjustment under section 5302 of 
                                    title 5 (or any comparable 
                                    adjustment pursuant to interim 
                                    authority of the President), is 
                                    equal to or greater than the rate of 
                                    basic pay payable for level 5 of the 
                                    Senior Executive Service.

                                        (iii) appointed by the President 
                                    to a position under section 
                                    105(a)(2)(B) of title 3 or by the 
                                    Vice President to a position under 
                                    section 106(a)(1)(B) of title 3, or

                                        (iv) employed in a position 
                                    which is held by an active duty 
                                    commissioned officer of the 
                                    uniformed services who is serving in 
                                    a grade or rank for which the pay 
                                    grade (as specified in section 201 
                                    of title 37) is pay grade 0-7 or 
                                    above.

                                (B) Paragraph (1) shall not apply to a 
                            special Government employee who serves less 
                            than 60 days in the 1-year period before his 
                            or her service or employment as such 
                            employee terminates.

                                (C) At the request of a department or 
                            agency, the Director of the Office of 
                            Government Ethics may waive the restrictions 
                            contained in paragraph (1) with respect to 
                            any position, or category of positions, 
                            referred to in clause (ii) or (iv) of 
                            subparagraph (A), in such department or 
                            agency if the Director determines that--

[[Page 747]]

                                        (i) the imposition of the 
                                    restrictions with respect to such 
                                    position or positions would create 
                                    an undue hardship on the department 
                                    or agency in obtaining qualified 
                                    personnel to fill such position or 
                                    positions, and

                                        (ii) granting the waiver would 
                                    not create the potential for use of 
                                    undue influence or unfair advantage.

                (d) Restrictions on very senior personnel of the 
            executive branch and independent agencies.--
                            (1) Restrictions.--In addition to the 
                        restrictions set forth in subsections (a) and 
                        (b), any person who--

                                (A) serves in the position of Vice 
                            President of the United States,

                                (B) is employed in a position in the 
                            executive branch of the United States 
                            (including any independent agency) at a rate 
                            of pay payable for level I of the Executive 
                            Schedule or employed in a position in the 
                            Executive Office of the President at a rate 
                            of pay payable for level II of the Executive 
                            Schedule, or

                                (C) is appointed by the President to a 
                            position under section 105(a)(2)(A) of title 
                            3 or by the Vice President to a position 
                            under section 106(a)(1)(A) of title 3,

                    and who, within 1 year after the termination of that 
                    person's service in that position, knowingly makes, 
                    with the intent to influence, any communication to 
                    or appearance before any person described in 
                    paragraph (2), on behalf of any other person (except 
                    the United States), in connection with any matter on 
                    which such person seeks official action by any 
                    officer or employee of the executive branch of the 
                    United States, shall be punished as provided in 
                    section 216 of this title.
                            (2) Persons who may not be contacted.--The 
                        persons referred to in paragraph (1) with 
                        respect to appearances or communications by a 
                        person in a position described in subparagraph 
                        (A), (B), or (C) of paragraph (1) are--

                                (A) Any officer or employee of any 
                            department or agency in which such person 
                            served in such position within a period of 1 
                            year before such person's service or 
                            employment with the United States Government 
                            terminated, and

                                (B) any person appointment to a position 
                            in the executive branch which is listed in 
                            section 5312, 5313, 5314, 5315, or 5316 of 
                            title 5.

                (e) Restrictions on Members of Congress and officers and 
            employees of the legislative branch.--
                            (1) Members of Congress and elected 
                        officers.--

                                (A) Any person who is a Member of 
                            Congress or an elected officer of either 
                            House of Congress and who, within 1 year 
                            after that person leaves office, knowingly 
                            makes, with the intent to influence, any 
                            communication to or appearance before any of 
                            the persons described in subparagraph (B) or 
                            (C), on behalf of any other person (except 
                            the United States) in connection with any 
                            matter on which such former Member of 
                            Congress or elected officer seeks action by 
                            a Member, officer, or employee of either 
                            House of Congress, in his or her official 
                            capacity, shall be punished as provided in 
                            section 216 of this title.

[[Page 748]]

                                (B) The persons referred to in 
                            subparagraph (A) with respect to appearances 
                            or communications by a former Member of 
                            Congress are any Member, officer, or 
                            employee of either House of Congress, and 
                            any employee of any other legislative office 
                            of the Congress.

                                (C) The persons referred to in 
                            subparagraph (A) with respect to appearances 
                            or communications by a former elected 
                            officer are any Member, officer, or employee 
                            of the House of Congress in which the 
                            elected officer served.

                            (2) Personal staff.--

                                (A) Any person who is an employee of a 
                            Senator or an employee of a Member of the 
                            House of Representatives and who, within 1 
                            year after the termination of that 
                            employment, knowingly makes, with the intent 
                            to influence, any communication to or 
                            appearance before any of the persons 
                            described in subparagraph (B), on behalf of 
                            any other person (except the United States) 
                            in connection with any matter on which such 
                            former employee seeks action by a Member, 
                            officer, or employee of either House of 
                            Congress, in his or her official capacity, 
                            shall be punished as provided in section 216 
                            of this title.

                                (B) The persons refereed to in 
                            subparagraph (A) with respect to appearances 
                            or communications by a person who is a 
                            former employee are the following:

                                        (i) the Senator or Member of the 
                                    House of Representatives for whom 
                                    that person was an employee; and

                                        (ii) any employee of that 
                                    Senator or Member of the House of 
                                    Representatives.

                            (3) Committee staff.--Any person who is an 
                        employee of a committee of Congress and who, 
                        within 1 year after the termination of that 
                        person's employment on such committee, knowingly 
                        makes, with the intent to influence, any 
                        communication to or appearance before any person 
                        who is a Member or an employee of that Committee 
                        or who was a Member of the committee in the year 
                        immediately prior to the termination of such 
                        person's employment by the committee, on behalf 
                        of any other person (except the United States) 
                        in connection with any matter on which such 
                        former employee seeks action by a Member, 
                        officer, or employee of either House of 
                        Congress, in his or her official capacity, shall 
                        be punished as provided in section 216 of this 
                        title.
                            (4) Leadership staff.--

                                (A) Any person who is an employee on the 
                            leadership staff of the House of 
                            Representatives or an employee on the 
                            leadership staff of the Senate and who, 
                            within 1 year after the termination of that 
                            person's employment on such staff, knowingly 
                            makes, with the intent to influence, any 
                            communication to or appearance before any of 
                            the persons described in subparagraph (B), 
                            on behalf of any other other person (except 
                            the United States) in connection with any 
                            matter on which such former employee seeks 
                            action by a Member, officer, or employee of 
                            either House of Congress, in his or her 
                            official capacity, shall be punished as 
                            provided in section 216 of this title.

                                (B) The persons referred to in 
                            subparagraph (A) with respect to appearances 
                            or communications by a former employee are 
                            the following:

[[Page 749]]

                                        (i) in the case of a former 
                                    employee on the leadership staff of 
                                    the House of Representatives, those 
                                    persons are any Member of the 
                                    leadership of the House of 
                                    Representatives and any employee on 
                                    the leadership staff of the House of 
                                    Representatives; and

                                        (ii) in the case of a former 
                                    employee on the leadership staff of 
                                    the Senate, those persons are any 
                                    Member of the leadership of the 
                                    Senate and any employee on the 
                                    leadership staff of the Senate.

                            (5) Other legislative offices.--

                                (A) Any person who is an employee of any 
                            other legislative office of the Congress and 
                            who, within 1 year after the termination of 
                            that person's employment in such office, 
                            knowingly makes, with the intent to 
                            influence, any communication to or 
                            appearance before any of the persons 
                            described in subparagraph (B), on behalf of 
                            any other person (except the United States) 
                            in connection with any matter on which such 
                            former employee seeks action by any officer 
                            or employee of such office, in his or her 
                            official capacity, shall be punished as 
                            provided in section 216 of this title.

                                (B) The persons referred to in 
                            subparagraph (A) with respect to appearances 
                            or communications by a former employee are 
                            the employees and officers of the former 
                            legislative office of the Congress of the 
                            former employee.

                            (6) Limitation on restrictions.--

                                (A) The restrictions contained in 
                            paragraphs (2), (3), and (4) apply only to 
                            acts by a former employee who, for at least 
                            60 days, in the aggregate, during the 1-year 
                            period before that former employee's service 
                            as such employee terminated, was paid a rate 
                            of basic pay equal to or greater than an 
                            amount which is 75 percent of the basic rate 
                            of pay payable for a Member of the House of 
                            Congress in which such employee was 
                            employed.

                                (B) The restrictions contained in 
                            paragraph (5) apply only to acts by a former 
                            employee who, for at least 60 days, in the 
                            aggregate, during the 1-year period before 
                            that former employee's service as such 
                            employee terminated, was employed in a 
                            position for which the rate of basic pay, 
                            exclusive of any locality-based pay 
                            adjustment under section 5302 of title 5 (or 
                            any comparable adjustment pursuant to 
                            interim authority of the President), is 
                            equal to or greater than the basic rate of 
                            pay payable for level 5 of the Senior 
                            Executive Service.

                            (7) Definitions.--As used in this 
                        subsection--

                                (A) the term ``committee of Congress'' 
                            includes standing committees, joint 
                            committees, and select committees;

                                (B) a person is an employee of a House 
                            of Congress if that person is an employee of 
                            the Senate or an employee of the House of 
                            Representatives;

                                (C) the term ``employee of the House of 
                            Representatives'' means an employee of a 
                            Member of the House of Representatives, an 
                            employee of a committee of the House of 
                            Representatives, an employee of a joint 
                            committee of the Congress whose pay is 
                            disbursed by the Clerk of the House of 
                            Representatives,

[[Page 750]]

                            and an employee on the leadership staff of 
                            the House of Representatives;

                                (D) the term ``employee of the Senate'' 
                            means an employee of a Senator, an employee 
                            of a committee of the Senate, an employee of 
                            a joint committee of the Congress whose pay 
                            is disbursed by the Secretary of the Senate, 
                            and an employee on the leadership staff of 
                            the Senate;

                                (E) a person is an employee of a Member 
                            of the House of Representatives if that 
                            person is an employee of a Member of the 
                            House of Representatives under the clerk 
                            hire allowance,

                                (F) a person is an employee of a Senator 
                            if that person is an employee in a position 
                            in the office of a Senator;

                                (G) the term ``employee of any other 
                            legislative office of the Congress'' means 
                            an officer or employee of the Architect of 
                            the Capitol, the United States Botanic 
                            Garden, the General Accounting Office, the 
                            Government Printing Office, the Library of 
                            Congress, the Office of Technology 
                            Assessment, the Congressional Budget Office, 
                            the Copyright Royalty Tribunal, the United 
                            States Capitol Police, and any other agency, 
                            entity, or office in the legislative branch 
                            not covered by paragraph (1), (2), (3), or 
                            (4) of this subsection;

                                (H) the term ``employee on the 
                            leadership staff of the House of 
                            Representatives'' means an employee of the 
                            office of a Member of the leadership of the 
                            House of Representatives described in 
                            subparagraph (L), and any elected minority 
                            employee of the House of Representatives;

                                (I) the term ``employee on the 
                            leadership staff of the Senate'' means an 
                            employee of the office of a Member of the 
                            leadership of the Senate described in 
                            subparagraph (M);

                                (J) the term ``Member of Congress'' 
                            means a Senator or a Member of the House of 
                            Representatives;

                                (K) the term ``Member of the House of 
                            Representatives'' means a Representative in, 
                            or a Delegate or Resident Commissioner to, 
                            the Congress;

                                (L) the term ``Member of the leadership 
                            of the House of Representatives'' means the 
                            Speaker, majority leader, minority leader, 
                            majority whip, minority whip, chief deputy 
                            majority whip, chief deputy minority whip, 
                            chairman of the Democratic Steering 
                            Committee, chairman and vice chairman of the 
                            Democratic Caucus, chairman, vice chairman, 
                            and secretary of the Republican Conference, 
                            chairman of the Republican Research 
                            Committee, and chairman of the Republican 
                            Policy Committee, of the House of 
                            Representatives (or any similar position 
                            created on or after the effective date set 
                            forth in section 102(a) of the Ethics Reform 
                            Act of 1989);

                                (M) the term ``Member of the leadership 
                            of the Senate'' means the Vice President, 
                            and the President pro tempore, Deputy 
                            President pro tempore, majority leader, 
                            minority leader, majority whip, minority 
                            whip, chairman and secretary of the 
                            Conference of the Majority, chairman and 
                            secretary of the Conference of the Minority, 
                            chairman and co-chairman of the Majority 
                            Policy Committee, and chairman of the 
                            Minority Policy Committee, of the Senate (or 
                            any similar position created on or

[[Page 751]]

                            after the effective date set forth in 
                            section 102(a) of the Ethics Reform Act of 
                            1989).

                            (f) Restrictions relating to foreign 
                        entities.--

                                (1) Restrictions.--Any person who is 
                            subject to the restrictions contained in 
                            subsection (c), (d), or (e) and who 
                            knowingly, within 1 year after leaving the 
                            position, office, or employment referred to 
                            in such subsection--

                                        (A) represents a foreign entity 
                                    before any officer or employee of 
                                    any department or agency of the 
                                    United States with the intent to 
                                    influence a decision of such officer 
                                    or employee in carrying out his or 
                                    her official duties, or

                                        (B) aids or advises a foreign 
                                    entity with the intent to influence 
                                    a decision of any officer or 
                                    employee of any department or agency 
                                    of the United States, in carrying 
                                    out his or her official duties,

                            shall be punished as provided in section 216 
                            of this title.

                                (2) Special rule for Trade 
                            Representative.--With respect to a person 
                            who is the United States Trade 
                            Representative or Deputy United States Trade 
                            Representative, the restrictions described 
                            in paragraph (1) shall apply to 
                            representing, aiding, or advising foreign 
                            entities at any time after the termination 
                            of that person's service as the United 
                            States Trade Representative.

                                (3) Definition.--For purposes of this 
                            subsection, the term ``foreign entity'' 
                            means the government of a foreign country as 
                            defined in section 1(e) of the Foreign 
                            Agents Registration Act of 1938, as amended, 
                            or a foreign political party as defined in 
                            section 1(f) of that Act.

                            (g) Special rules for detailees.--For 
                        purposes of this section, a person who is 
                        detailed from one department, agency, or other 
                        entity to another department, agency, or other 
                        entity shall, during the period such person is 
                        detailed, be deemed to be an officer or employee 
                        of both departments, agencies, or such entities.
                            (h) Designations of separate statutory 
                        agencies and bureaus.--

                                (1) Designations.--For purposes of 
                            subsection (c) and except as provided in 
                            paragraph (2), whenever the Director of the 
                            Office of Government ethics determines that 
                            an agency or bureau within a department or 
                            agency in the executive branch exercises 
                            functions which are distinct and separate 
                            from the remaining functions of the 
                            department or agency and that there exists 
                            no potential for use of undue influence or 
                            unfair advantage based on past Government 
                            service, the Director shall by rule 
                            designate such agency or bureau as a 
                            separate department or agency. On an annual 
                            basis, the Director of the Office of 
                            Government Ethics shall review the 
                            designations and determinations made under 
                            this subparagraph and, in consultation with 
                            the department or agency concerned, make 
                            such additions and deletions as are 
                            necessary. Departments and agencies shall 
                            cooperate to the fullest extent with the 
                            Director of the Office of Government Ethics 
                            in the exercise of his or her 
                            responsibilities under this paragraph.

                                (2) Inapplicability of designations.--No 
                            agency or bureau within the Executive Office 
                            of the President may be designated

[[Page 752]]

                            under paragraph (1) as a separate department 
                            or agency. No designation under paragraph 
                            (1) shall apply to persons referred to in 
                            subsection (c)(2)(A)(i) or (iii).

                            (i) Definitions.--For purposes of this 
                        section--
                            (1) the term ``officer or employee'', when 
                        used to describe the person to whom a 
                        communication is made or before whom an 
                        appearance is made, with the intent to 
                        influence, shall include--

                                (A) in subsection (a), (c), and (d), the 
                            President and the Vice President; and

                                (B) in subsection (f), the President, 
                            the Vice President, and Members of Congress;

                            (2) the term ``participated'' means an 
                        action taken as an officer or employee through 
                        decision, approval, disapproval recommendation, 
                        the rendering of advice, investigation, or other 
                        such action; and
                            (3) the term ``particular matter'' includes 
                        any investigation, application, request for a 
                        ruling or determination, rulemaking, contract, 
                        controversy, claim, charge, accusation, arrest, 
                        or judicial or other proceeding.
                (j) Exceptions.--
                            (1) Official government duties.--The 
                        restrictions contained in this section shall not 
                        apply to acts done in carrying out official 
                        duties on behalf of the United States or the 
                        District of Columbia or as an elected official 
                        of a State or local government.
                            (2) State and local governments and 
                        institutions, hospitals, and organizations.--The 
                        restrictions contained in subsections (c), (d), 
                        and (e) shall not apply to acts done in carrying 
                        out official duties as an employee of--

                                (A) an agency or instrumentality of a 
                            State or local government if the appearance, 
                            communication, or representation is on 
                            behalf of such government, or

                                (B) an accredited, degree-granting 
                            institution of higher education, as defined 
                            in section 101 of the Higher Education Act 
                            of 1965 [20 U.S.C.A. Sec. 1001], or a 
                            hospital or medical research organization, 
                            exempted and defined under section 501(c)(3) 
                            of the Internal Revenue Code of 1986 [26 
                            U.S.C.A. Sec. 501(c)(3)], if the appearance, 
                            communication, or representation is on 
                            behalf of such institution, hospital, or 
                            organization.

                            (3) International organizations.--The 
                        restrictions contained in this section shall not 
                        apply to an appearance or communication on 
                        behalf of, or advice or aid to, an international 
                        organization in which the United States 
                        participates, if the Secretary of State 
                        certifies in advance that such activity is in 
                        the interests of the United States.
                            (4) Special knowledge.--The restrictions 
                        contained in subsections (c), (d), and (e) shall 
                        not prevent an individual from making or 
                        providing a statement, which is based on the 
                        individual's own special knowledge in the 
                        particular area that is the subject of the 
                        statement, if no compensation is thereby 
                        received.
                            (5) Exception for scientific or 
                        technological information.--The restrictions 
                        contained in subsections (a), (c), and (d) shall 
                        not apply with respect to the making of 
                        communications solely for the purpose of 
                        furnishing scientific or technological 
                        information, if such communications are made 
                        under procedures acceptable to the department

[[Page 753]]

                        or agency concerned or if the head of the 
                        department or agency concerned with the 
                        particular matter, in consultation with the 
                        Director of the Office of Government Ethics, 
                        makes a certification, published in the Federal 
                        Register, that the former officer or employee 
                        has outstanding qualifications in a scientific, 
                        technological, or other technical discipline, 
                        and is acting with respect to a particular 
                        matter which requires such qualifications, and 
                        that the national interest would be served by 
                        the participation of the former officer or 
                        employee. For purposes of this paragraph, the 
                        term ``officer or employee'' includes the Vice 
                        President.
                            (6) Exception for testimony.--Nothing in 
                        this section shall prevent an individual from 
                        giving testimony under oath, or from making 
                        statements required to be made under penalty of 
                        perjury. Notwithstanding the preceding 
                        sentence--

                                (A) a former officer or employee of the 
                            executive branch of the United States 
                            (including any independent agency) who is 
                            subject to the restrictions contained in 
                            subsection (a)(1) with respect to a 
                            particular matter may not, except pursuant 
                            to court order, serve as an expert witness 
                            or any other person (except the United 
                            States) in that matter; and

                                (B) a former officer or employee of the 
                            District of Columbia who is subject to the 
                            restrictions contained in subsection (a)(1) 
                            with respect to a particular matter may not, 
                            except pursuant to court order, serve as an 
                            expert witness for any other person (except 
                            the District of Columbia) in that matter.

                            (7) Political parties and campaign 
                        committees.--

                                (A) Except as provided in subparagraph 
                            (B), the restrictions contained in 
                            subsections (c), (d), and (e) shall not 
                            apply to a communication or appearance made 
                            solely on behalf of a candidate in his or 
                            her capacity as a candidate, an authorized 
                            committee, a national committee, a national 
                            Federal campaign committee, a State 
                            committee, or a political party.

                                (B) Subparagraph (A) shall not apply 
                            to--

                                        (i) any communication to, or 
                                    appearance before, the Federal 
                                    Election Commission by a former 
                                    officer or employee of the Federal 
                                    Election Commission; or

                                        (ii) a communication or 
                                    appearance made by a person who is 
                                    subject to the restrictions 
                                    contained in subsections\1\ (c), 
                                    (d), or (e) if, at the time of the 
                                    communication or appearance, the 
                                    person is employed by a person or 
                                    entity other than--

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

                                        (I) a candidate, an authorized 
                                    committee, a national committee, a 
                                    national Federal campaign committee, 
                                    a State committee, or a political 
                                    party; or

                                        (II) a person or entity who 
                                    represents, aids, or advises only 
                                    persons or entities described in 
                                    subclause (I).

                                (C) For purposes of this paragraph--

                                        (i) the term ``candidate'' means 
                                    any person who seeks nomination for 
                                    election, or election, to Federal or 
                                    State office or who has authorized 
                                    others to explore on his or her 
                                    behalf the possibility of seeking 
                                    nomination for election, or 
                                    election, to Federal or State 
                                    office;

[[Page 754]]

                                        (ii) the term ``authorized 
                                    committee'' means any political 
                                    committee designated in writing by a 
                                    candidate as authorized to receive 
                                    contributions or make expenditures 
                                    to promote the nomination for 
                                    election, or the election, of such 
                                    candidate, or to explore the 
                                    possibility of seeking nomination 
                                    for election, or the election of 
                                    such, candidate except that a 
                                    political committee that receives 
                                    contributions or makes expenditures 
                                    to promote more than 1 candidate may 
                                    not be designated as an authorized 
                                    committee for purposes of 
                                    subparagraph (A);

                                        (iii) 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;

                                        (iv) the term ``national Federal 
                                    campaign committee'' means an 
                                    organization that, by virtue of the 
                                    bylaws of a political party, is 
                                    established primarily for the 
                                    purpose of providing assistance, at 
                                    the national level, to candidates 
                                    nominated by that party for election 
                                    to the office of Senator or 
                                    Representative in, or Delegate or 
                                    Resident Commissioner to, the 
                                    Congress;

                                        (v) 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;

                                        (vi) the term ``political 
                                    party'' means an association, 
                                    committee, or organization that 
                                    nominates a candidate for election 
                                    to any Federal or State elected 
                                    office whose name appears on the 
                                    election ballot as the candidate of 
                                    such association, committee, or 
                                    organization; and

                                        (vii) the term ``State'' means a 
                                    State of the United States, the 
                                    District of Columbia, the 
                                    Commonwealth of Puerto Rico, and any 
                                    territory or possession of the 
                                    United States.

                                (k)(1)(A) The President may grant a 
                            waiver of a restriction imposed by this 
                            section to any officer or employee described 
                            in paragraph (2) if the President determines 
                            and certifies in writing that it is in the 
                            public interest to grant the waiver and that 
                            the services of the officer or employee are 
                            critically needed for the benefit of the 
                            Federal Government. Not more than 25 
                            officers and employees currently employed by 
                            the Federal Government at any one time may 
                            have been granted waivers under this 
                            paragraph.

                            (B)(i) A waiver granted under this paragraph 
                        to any person shall apply only with respect to 
                        activities engaged in by that person after that 
                        person's Federal Government employment is 
                        terminated and only to that person's employment 
                        at a Government-owned, contractor operated 
                        entity with which the person served as an 
                        officer or employee immediately before the 
                        person's Federal Government employment began.

                                (ii) Notwithstanding clause (i), a 
                            waiver granted under this paragraph to any 
                            person who was an officer or employee of 
                            Lawrence Livermore National Laboratory, Los 
                            Alamos National Laboratory, or Sandia 
                            National Laboratory immediately before

[[Page 755]]

                            the person's Federal Government employment 
                            began shall apply to that person's 
                            employment by any such national laboratory 
                            after the person's employment by the Federal 
                            Government is terminated.

                                (2) Waivers under paragraph (1) may be 
                            granted only to civilian officers and 
                            employees of the executive branch, other 
                            than officers and employees in the Executive 
                            Office of the President.

                                (3) A certification under paragraph (1) 
                            shall take effect upon its publication in 
                            the Federal Register and shall identify--

                                        (A) the officer or employee 
                                    covered by the waiver by name and by 
                                    position, and

                                        (B) the reasons for granting the 
                                    waiver.

                                A copy of the certification shall also 
                            be provided to the Director of the Office of 
                            Government Ethics.

                                (4) The President may not delegate the 
                            authority provided by this subsection.

                                (5)(A) Each person granted a waiver 
                            under this subsection shall prepare reports, 
                            in accordance with subparagraph (B), stating 
                            whether the person has engaged in activities 
                            otherwise prohibited by this section for 
                            each six-month period described in 
                            subparagraph (B), and if so, what those 
                            activities were.

                                (B) A report under subparagraph (A) 
                            shall cover each six-month period beginning 
                            on the date of the termination of the 
                            person's Federal Government employment (with 
                            respect to which the waiver under this 
                            subsection was granted) and ending two years 
                            after that date. Such report shall be filed 
                            with the President and the Director of the 
                            Office of Government Ethics not later than 
                            60 days after the end of the six-month 
                            period covered by the report. All reports 
                            filed with the Director under this paragraph 
                            shall be made available for public 
                            inspection and copying.

                                (C) If a person fails to file any report 
                            in accordance with subparagraphs (A) and 
                            (B), the President shall revoke the waiver 
                            and shall notify the person of the 
                            revocation. The revocation shall take effect 
                            upon the person's receipt of the 
                            notification and shall remain in effect 
                            until the report is filed.

                                (D) Any person who is granted a waiver 
                            under this subsection shall be ineligible 
                            for appointment in the civil service unless 
                            all reports required of such person by 
                            subparagraphs (A) and (B) have been filed.

                                (E) As used in this subsection, the term 
                            ``civil service'' has the meaning given that 
                            term in section 2101 of title 5.

            (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 
            1123, and amended Pub. L. 95-521, Title V, Sec. 501(a), Oct. 
            26, 1978, 92 Stat. 1864; Pub. L. 96-28, Sec. Sec. 1, 2, June 
            22, 1979, 93 Stat. 76; Pub. L. 101-189, Div. A, Title VIII, 
            Sec. 814(d)(2), Nov. 29, 1989, 103 Stat. 1499; Pub. L. 101-
            194, Title I, Sec. 101(a), Nov. 30, 1989, 103 Stat. 1716; 
            Pub. L. 101-280, Sec. Sec. 2(a), 5(d), May 4, 1990, 104 
            Stat. 149, 159; Pub. L. 101-509, Title V, Sec. 529 [Title I, 
            Sec. 101(b)(8)(A)], Nov. 5, 1990, 104 Stat. 440; Pub. L. 
            102-25, Title VII, Sec. 705(a), Apr. 6, 1991, 105 Stat. 120; 
            Pub. L. 102-190, Div. B, Title XXXI, Sec. 3138(a), Dec. 5, 
            1991, 105 Stat. 1579; Pub. L. 102-395, Title VI, 
            Sec. 609(a), Oct. 6, 1992, 106 Stat. 1873; Pub. L. 103-322, 
            Title XXXIII, Sec. Sec. 330002(i), 330010(15), Sept. 13, 
            1994, 108 Stat.

[[Page 756]]

            2140, 2144; Pub. L. 104-65, Sec. 21(a), Dec. 19, 1995, 109 
            Stat. 704; Pub. L. 104-179, Sec. Sec. 5, 6, Aug. 6, 1996, 
            110 Stat. 1567, 1568; Pub. L. 104-208, Div. A, Title I, 
            Sec. 101(f) [Title VI, Sec. 635], Sept. 30, 1996, 110 Stat. 
            3009-363; Pub. L. 105-244, Title I, Sec. 102(a)(5), Oct. 7, 
            1998, 112 Stat. 1618.)

  

       966  Sec. 210. Offer to procure appointive public office
                Whoever pays or offers or promises any money or thing of 
            value, to any person, firm, or corporation in consideration 
            of the use or promise to use any influence to procure any 
            appointive office or place under the United States for any 
            person, shall be fined under this title or imprisoned not 
            more than one year, or both. (June 25, 1948, ch. 645, 
            Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub. L. 87-849, 
            Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub. L. 103-322, 
            Sec. 330016 (1)(H), 108 Stat. 2147.)
       967  Sec. 211. Acceptance or solicitation to obtain appointive 
                public office
                Whoever solicits or receives, either as a political 
            contribution, or for personal emolument, any money or thing 
            of value, in consideration of the promise of support or use 
            of influence in obtaining for any person any appointive 
            office or place under the United States, shall be fined 
            under this title or imprisoned not more than one year, or 
            both.
                Whoever solicits or receives any thing of value in 
            consideration of aiding a person to obtain employment under 
            the United States either by referring his name to an 
            executive department or agency of the United States or by 
            requiring the payment of a fee because such person has 
            secured such employment shall be fined under this title, or 
            imprisoned not more than one year, or both. This section 
            shall not apply to such services rendered by an employment 
            agency pursuant to the written request of an executive 
            department or agency of the United States. (June 25, 1948, 
            ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65 
            Stat. 320; Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76 
            Stat. 1125; Sept. 13, 1994, Pub. L. 103-322, 
            Sec. 330016(1)(H), 108 Stat. 2147.)

       968  Sec. 219. Officers and employees acting as agents of foreign 
                principals
                (a) Whoever, being a public official, is or acts as an 
            agent of a foreign principal required to register under the 
            Foreign Agents Registration Act of 1938 or a lobbyist 
            required to register under the Lobbying Disclosure Act of 
            1995 in connection with the representation of a foreign 
            entity, as defined in section 3(6) of that Act shall be 
            fined under this title or imprisoned for not more than two 
            years, or both.
                (b) Nothing in this section shall apply to the 
            employment of any agent of a foreign principal as a special 
            Government employee in any case in which the head of the 
            employing agency certifies that such employment is required 
            in the national interest. A copy of any certification under 
            this paragraph shall be forwarded by the head of such agency 
            to the Attorney General who shall cause the same to be filed 
            with the registration statement and other documents filed by 
            such agent, and made available for public inspection in 
            accordance with section 6 of the Foreign Agents Registration 
            Act of 1938, as amended.
                (c) For the purpose of this section ``public official'' 
            means Member of Congress, Delegate, or Resident 
            Commissioner, either before or after he has qualified, or an 
            officer or employee or person acting for or on behalf of the 
            United States, or any department, agency, or branch of

[[Page 757]]

            Government thereof, including the District of Columbia, in 
            any official function, under or by authority of any such 
            department, agency, or branch of Government.

            (Added Pub. L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 
            249, and amended Pub. L. 98-473, Title II, Sec. 1116, Oct. 
            12, 1984, 98 Stat. 2149; Pub. L. 99-646, Sec. 30, Nov. 10, 
            1986, 100 Stat. 3598; Pub. L. 101-647, Title XXXV, 
            Sec. 3511, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 104-65, 
            Sec. 12(b), Dec. 19, 1995, 109 Stat. 701.)

            
               Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT 
                       ASSASSINATION, KIDNAPPING, AND ASSAULT

       969  Sec. 351. Congressional, Cabinet, and Supreme Court 
                assassination, kidnapping, and assault; penalties
                (a) Whoever kills any individual who is a Member of 
            Congress or a Member-of-Congress-elect, a member of the 
            executive branch of the Government who is the head, or a 
            person nominated to be head during the pendency of such 
            nomination, of a department listed in section 101 of title 5 
            or the second ranking official in such department, the 
            Director (or a person nominated to be Director during the 
            pendency of such nomination) or Deputy Director of Central 
            Intelligence, a major Presidential or Vice Presidential 
            candidate (as defined in section 3056 of this title), or a 
            Justice of the United States, as defined in section 451 of 
            title 28, or a person nominated to be a Justice of the 
            United States, during the pendency of such nomination, shall 
            be punished as provided by sections 1111 and 1112 of this 
            title.
                (b) Whoever kidnaps any individual designated in 
            subsection (a) of this section shall be punished (1) by 
            imprisonment for any term of years or for life, or (2) by 
            death or imprisonment for any term of years or for life, if 
            death results to such individual.
                (c) Whoever attempts to kill or kidnap any individual 
            designated in subsection (a) of this section shall be 
            punished by imprisonment for any term of years or for life.
                (d) If two or more persons conspire to kill or kidnap 
            any individual designated in subsection (a) of this section 
            and one or more of such persons do any act to effect the 
            object of the conspiracy, each shall be punished (1) by 
            imprisonment for any term of years or for life, or (2) by 
            death or imprisonment for any term of years or for life, if 
            death results to such individual.
                (e) Whoever assaults any person designated in subsection 
            (a) of this section shall be fined under this title, or 
            imprisoned not more than one year, or both; and if the 
            assault involved the use of a dangerous weapon, or personal 
            injury results, shall be fined under this title, or 
            imprisoned not more than ten years, or both.
                (f) If Federal investigative or prosecutive jurisdiction 
            is asserted for a violation of this section, such assertion 
            shall suspend the exercise of jurisdiction by a State or 
            local authority, under any applicable State or local law, 
            until Federal action is terminated.
                (g) Violations of this section shall be investigated by 
            the Federal Bureau of Investigation. Assistance may be 
            requested from any Federal, State, or local agency, 
            including the Army, Navy, and Air Force, any statute, rule, 
            or regulation to the contrary notwithstanding.

[[Page 758]]

                (h) In a prosecution for an offense under this section 
            the Government need not prove that the defendant knew that 
            the victim of the offense was an individual protected by 
            this section.
                (i) There is extraterritorial jurisdiction over the 
            conduct prohibited by this section. (Added Pub. L. 91-644, 
            Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended 
            Pub. L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat. 
            1219; Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 
            3614; Pub. L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 
            102 Stat. 4405; Pub. L. 103-322, Title XXXII, 
            Sec. 320101(d), Title XXXIII, Sec. Sec. 330016(1)(K), (L), 
            330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. 
            L. 104-294, Title VI, Sec. 604(b)(12)(C), (c)(2), Oct. 11, 
            1996, 110 Stat. 3507, 3509.)
            
                               Chapter 23.--CONTRACTS

       970  Sec. 431. Contracts by Member of Congress
                Whoever, being a Member of or Delegate to Congress, or a 
            Resident Commissioner, either before or after he has 
            qualified, directly or indirectly, himself, or by any other 
            person in trust for him, or for his use or benefit, or on 
            his account, undertakes, executes, holds, or enjoys, in 
            whole or in part, any contract or agreement, made or entered 
            into in behalf of the United States or any agency thereof, 
            by any officer or person authorized to make contracts on its 
            behalf, shall be fined under this title.
                All contracts or agreements made in violation of this 
            section shall be void; and whenever any sum of money is 
            advanced by the United States or any agency thereof, in 
            consideration of any such contract or agreement, it shall 
            forthwith be repaid; and in case of failure or refusal to 
            repay the same when demanded by the proper officer of the 
            department or agency under whose authority such contract or 
            agreement shall have been made or entered into, suit shall 
            at once be brought against the person so failing or refusing 
            and his sureties for the recovery of the money so advanced. 
            (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31, 
            1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub. 
            L. 103-322, Sec. 330016(1)(J), 108 Stat. 2147.)
       971  Sec. 432. Officer or employee contracting with Member of 
                Congress
                Whoever, being an officer or employee of the United 
            States, on behalf of the United States or any agency 
            thereof, directly or indirectly makes or enters into any 
            contract, bargain, or agreement, with any Member of or 
            Delegate to Congress, or any Resident Commissioner, either 
            before or after he has qualified, shall be fined under this 
            title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept. 
            13, 1994, Pub. L. 103-322, Sec. 330016(1)(J), 108 Stat. 
            2147.)
       972  Sec. 433. Exemptions with respect to certain contracts
                Sections 431 and 432 of this title shall not extend to 
            any contract or agreement made or entered into, or accepted 
            by any incorporated company for the general benefit of such 
            corporation; nor to the purchase or sale of bills of 
            exchange or other property where the same are ready for 
            delivery and payment therefor is made at the time of making 
            or entering into the contract or agreement. Nor shall the 
            provisions of such section apply to advances, loans, 
            discounts, purchase or repurchase agreements extensions, or 
            renewals thereof, or acceptances, releases or substitutions 
            of security therefor or other contracts or agreements made

[[Page 759]]

            or entered into under the Reconstruction Finance Corporation 
            Act, the Agricultural Adjustment Act, the Federal Farm Loan 
            Act, the Emergency Farm Mortgage Act of 1933, the Farm 
            Credit Act of 1933, or the Home Owners Loan Act of 1933, the 
            Farmers' Home Administration Act of 1946, the Bankhead-Jones 
            Farm Tenant Act, or to crop insurance agreements or 
            contracts or agreements of a kind which the Secretary of 
            Agriculture may enter into with farmers.
                Any exemption permitted by this section shall be made a 
            matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62 
            Stat. 703; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(o), 75 Stat. 
            774.)

            
                   Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES

       973  Sec. 591. (Repealed.)
       974  Sec. 594. Intimidation of voters
                Whoever intimidates, threatens, coerces, or attempts to 
            intimidate, threaten, or coerce, any other person for the 
            purpose of interfering with the right of such other person 
            to vote or to vote as he may choose, or of causing such 
            other person to vote for, or not to vote for, any candidate 
            for the office of President, Vice President, Presidential 
            elector, Member of the Senate, Member of the House of 
            Representatives, Delegate from the District of Columbia, or 
            Resident Commissioner, at any election held solely or in 
            part for the purpose of electing such candidate, shall be 
            fined under this title or imprisoned not more than one year, 
            or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22, 
            1970, Pub. L. 91-405, Title II, Sec. 204(d)(5), 84 Stat. 
            853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108 
            Stat. 2147.)
       975  Sec. 595. Interference by administrative employees of 
                Federal, State, or Territorial Governments
                Whoever, being a person employed in any administrative 
            position by the United States, or by any department or 
            agency thereof, or by the District of Columbia, or any 
            agency or instrumentality thereof, or by any State, 
            Territory, or Possession of the United States, or any 
            political subdivision, municipality, or agency thereof, or 
            agency of such political subdivision or municipality 
            (including any corporation owned or controlled by any State, 
            Territory, or Possession of the United States or by any such 
            political subdivision, municipality, or agency), in 
            connection with any activity which is financed in whole or 
            in part by loans or grants made by the United States, or any 
            department or agency thereof, uses his official authority 
            for the purpose of interfering with, or affecting, the 
            nomination or the election of any candidate for the office 
            of President, Vice President, Presidential elector, Member 
            of the Senate, Member of the House of Representatives, 
            Delegate from the District of Columbia, or Resident 
            Commissioner, shall be fined under this title or imprisoned 
            not more than one year, or both.
                This section shall not prohibit or make unlawful any act 
            by any officer or employee of any educational or research 
            institution, establishment, agency, or system which is 
            supported in whole or in part by any state or political 
            subdivision thereof, or by the District of Columbia or by 
            any Territory or Possession of the United States; or by any 
            recognized religious, philanthropic or cultural 
            organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 
            22, 1970, Pub. L. 91-405, Title II, Sec. 204(d)(6), 84

[[Page 760]]

            Stat. 853; Sept. 13, 1994, Pub. L. 103-322, 
            Sec. 330016(1)(H), 108 Stat. 2147.)
       976  Sec. 597. Expenditures to influence voting
                Whoever makes or offers to make an expenditure to any 
            person, either to vote or withhold his vote, or to vote for 
            or against any candidate; and
                Whoever solicits, accepts, or receives any such 
            expenditure in consideration of his vote or the withholding 
            of his vote--
                Shall be fined under this title or imprisoned not more 
            than one year, or both; and if the violation was willful, 
            shall be fined under this title or imprisoned not more than 
            two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721; 
            Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, 
            Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub. L. 
            104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
       977  Sec. 598. Coercion by means of relief appropriations
                Whoever uses any part of any appropriation made by 
            Congress for work relief, relief, or for increasing 
            employment by providing loans and grants for public-works 
            projects, or exercises or administers any authority 
            conferred by any Appropriation Act for the purpose of 
            interfering with, restraining, or coercing any individual in 
            the exercise of his right to vote at any election, shall be 
            fined under this title or imprisoned not more than one year, 
            or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 
            1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 
            Stat. 2147.)
       978  Sec. 599. Promise of appointment by candidate
                Whoever, being a candidate, directly or indirectly 
            promises or pledges the appointment, or the use of his 
            influence or support for the appointment of any person to 
            any public or private position or employment, for the 
            purpose of procuring support in his candidacy shall be fined 
            under this title or imprisoned not more than one year, or 
            both; and if the violation was willful, shall be fined under 
            this title or imprisoned not more than two years, or both. 
            (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. 
            L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
       979  Sec. 600. Promise of employment or other benefit for 
                political activity
                Whoever, directly or indirectly, promises any 
            employment, position, compensation, contract, appointment, 
            or other benefit, provided for or made possible in whole or 
            in part by any Act of Congress, or any special consideration 
            in obtaining any such benefit, to any person as 
            consideration, favor, or reward for any political activity 
            or for the support of or opposition to any candidate or any 
            political party in connection with any general or special 
            election to any political office, or in connection with any 
            primary election or political convention or caucus held to 
            select candidates for any political office, shall be fined 
            under this title or imprisoned not more than one year, or 
            both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972, 
            Pub. L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub. L. 
            94-453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub. L. 103-
            322, Sec. 330016(1)(L), 108 Stat. 2147.)

[[Page 761]]


       980  Sec. 601. Deprivation of employment or other benefit for 
                political contribution
                (a) Whoever, directly or indirectly, knowingly causes or 
            attempts to cause any person to make a contribution of a 
            thing of value (including services) for the benefit of any 
            candidate or any political party, by means of the denial or 
            deprivation, or the threat of the denial or deprivation, 
            of--
                            (1) any employment, position, or work in or 
                        for any agency or other entity of the Government 
                        of the United States, a State, or a political 
                        subdivision of a State, or any compensation or 
                        benefit of such employment, position, or work; 
                        or
                            (2) any payment or benefit of a program of 
                        the United States, a State, or a political 
                        subdivision of a State;

            if such employment, position, work, compensation, payment, 
            or benefit is provided for or made possible in whole or in 
            part by an Act of Congress, shall be fined under this title 
            or imprisoned not more than one year, or both.

                (b) As used in this section--
                            (1) the term ``candidate'' means an 
                        individual who seeks nomination for election, or 
                        election, to Federal, State, or local office, 
                        whether or not such individual is elected, and, 
                        for purposes of this paragraph, an individual 
                        shall be deemed to seek nomination for election, 
                        or election, to Federal, State, or local office, 
                        if he has (A) taken the action necessary under 
                        the law of a State to qualify himself for 
                        nomination for election, or election, or (B) 
                        received contributions or made expenditures, or 
                        has given his consent for any other person to 
                        receive contributions or make expenditures, with 
                        a view to bringing about his nomination for 
                        election, or election, to such office;
                            (2) the term ``election'' means (A) a 
                        general, special primary, or runoff election, 
                        (B) a convention or caucus of political party 
                        held to nominate a candidate, (C) a primary 
                        election held for the selection of delegates to 
                        a nominating convention of a political party, 
                        (D) a primary election held for the expression 
                        of a preference for the nomination of persons 
                        for election to the office of President, and (E) 
                        the election of delegates to a constitutional 
                        convention for proposing amendments to the 
                        Constitution of the United States or of any 
                        State; and
                            (3) the term ``State'' means a State of the 
                        United States, the District of Columbia, the 
                        Commonwealth of Puerto Rico, or any territory or 
                        possession of the United States. (June 25, 1948, 
                        ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub. L. 94-
                        453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994, Pub. 
                        L. 103-322, Sec. 330016(1)(L), 108 Stat. 2147.)
       981  Sec. 602. Solicitation of political contributions
                (a) It shall be unlawful for--
                            (1) a candidate for the Congress;
                            (2) an individual elected to or serving in 
                        the office of Senator or Representative in, or 
                        Delegate or Resident Commissioner to, the 
                        Congress;
                            (3) an officer or employee of the United 
                        States or any department or agency thereof; or
                            (4) a person receiving any salary or 
                        compensation for services from money derived 
                        from the Treasury of the United States; to

[[Page 762]]

                        knowingly solicit any contribution within the 
                        meaning of section 301(8) of the Federal 
                        Election Campaign Act of 1971 from any other 
                        such officer, employee, or person. Any person 
                        who violates this section shall be fined under 
                        this title or imprisoned not more than 3 years, 
                        or both.
                (b) The prohibition in subsection (a) shall not apply to 
            any activity of an employee (as defined in section 7322(1) 
            of title 5) or any individual employed in or under the 
            United States Postal Service or the Postal Rate Commission, 
            unless that activity is prohibited by section 7323 or 7324 
            of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 
            8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(3), 93 Stat. 
            1367; Oct. 6, 1993, Pub. L. 103-94, Sec. 4(a), 107 Stat. 
            1004; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, 
            Sec. 330016(1)(K), 108 Stat. 2147.)
       982  Sec. 603. Making political contributions
                (a) It shall be unlawful for an officer or employee of 
            the United States or any department or agency thereof, or a 
            person receiving any salary or compensation for services 
            from money derived from the Treasury of the United States, 
            to make any contribution within the meaning of section 
            301(8) of the Federal Election Campaign Act of 1971 to any 
            other such officer, employee or person or to any Senator or 
            Representative in, or Delegate or Resident Commissioner to, 
            the Congress, if the person receiving such contribution is 
            the employer or employing authority of the person making the 
            contribution. Any person who violates this section shall be 
            fined under this title or imprisoned not more than three 
            years, or both.
                (b) For purposes of this section, a contribution to an 
            authorized committee as defined in section 302(e)(1) of the 
            Federal Election Campaign Act of 1971 shall be considered a 
            contribution to the individual who has authorized such 
            committee.
                (c) The prohibition in subsection (a) shall not apply to 
            any activity of an employee (as defined in section 7322(1) 
            of title 5) or any individual employed in or under the 
            United States Postal Service or the Postal Rate Commission, 
            unless that activity is prohibited by section 7323 or 7324 
            of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Oct. 
            31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718; Jan. 8, 1980, 
            Pub. L. 96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367; 
            Oct. 6, 1993, Pub. L. 103-94, Sec. 7, 107 Stat. 1005; Sept. 
            13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 
            108 Stat. 2147.)
       983  Sec. 604. Solicitation from persons on relief
                Whoever solicits or receives or is in any manner 
            concerned in soliciting or receiving any assessment, 
            subscription, or contribution for any political purpose from 
            any person known by him to be entitled to, or receiving 
            compensation, employment, or other benefit provided for or 
            made possible by any Act of Congress appropriating funds for 
            work relief or relief purposes, shall be fined under this 
            title or imprisoned not more than one year, or both. (June 
            25, 1948, ch. 645, 62 Stat. 722, Pub. L. 103-322, 
            Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
       984  Sec. 605. Disclosure of names of persons on relief
                Whoever, for political purposes, furnishes or discloses 
            any list of names of persons receiving compensation, 
            employment or benefits provided for or made possible by any 
            Act of Congress appropriating, or authorizing

[[Page 763]]

            the appropriation of funds for work relief or relief 
            purposes, to a political candidate, committee, campaign 
            manager, or to any person for delivery to a political 
            candidate, committee, or campaign manager; and
                Whoever receives any such list or names for political 
            purposes--
                Shall be fined under this title or imprisoned not more 
            than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 
            722, Pub. L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108 
            Stat. 2147.)
       985  Sec. 606. Intimidation to secure political contributions
                Whoever, being one of the officers or employees of the 
            United States mentioned in section 602 of this title, 
            discharges, or promotes, or degrades, or in any manner 
            changes the official rank or compensation of any other 
            officer or employee, or promises or threatens so to do, for 
            giving or withholding or neglecting to make any contribution 
            of money or other valuable thing for any political purpose, 
            shall be fined under this title or imprisoned not more than 
            3 years, or both. (June 25, 1948, ch. 645, 62 Stat. 722; 
            Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, 
            Sec. 330016(1)(K), 108 Stat. 2147.)
       986  Sec. 607. Place of solicitation
                (a) Prohibition.--
                            (1) In general.--It shall be unlawful for 
                        any person to solicit or receive a donation of 
                        money or other thing of value in connection with 
                        a Federal, State, or local election from a 
                        person who is located in a room or building 
                        occupied in the discharge of official duties by 
                        an officer or employee of the United States. It 
                        shall be unlawful for an individual who is an 
                        officer or employee of the Federal Government, 
                        including the President, Vice President, and 
                        Members of Congress, to solicit or receive a 
                        donation of money or other thing of value in 
                        connection with a Federal, State, or local 
                        election, while in any room or building occupied 
                        in the discharge of official duties by an 
                        officer or employee of the United States, from 
                        any person.
                            (2) Penalty.--A person who violates this 
                        section shall be fined not more than $5,000, 
                        imprisoned not more than 3 years, or both.
                (b) The prohibition in subsection (a) shall not apply to 
            the receipt of contributions by persons on the staff of a 
            Senator or Representative in, or Delegate or Resident 
            Commissioner to, the Congress or Executive Office of the 
            President, provided, that such contributions have not been 
            solicited in any manner which directs the contributor to 
            mail or deliver a contribution to any room, building, or 
            other facility referred to in subsection (a), and provided 
            that such contributions are transferred within seven days of 
            receipt to a political committee within the meaning of 
            section 302(e) of the Federal Election Campaign Act of 1971. 
            (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 
            96-187, Title II, Sec. 201(a)(5), 93 Stat. 1367; Sept. 13, 
            1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 
            Stat. 2147; March 27, 2002, Pub. L. 107-155, Title III, 
            Sec. 302(1), 116 Stat. 96.)

[[Page 764]]



            
                      Chapter 35.--EMBLEMS, INSIGNIA AND NAMES

       987  Sec. 713. Use of likenesses of the great seal of the United 
                States, the seals of the President and Vice President, 
                the seal of the United States Senate, the seal of the 
                United States House of Representatives, and the seal of 
                the United States Congress
                (a) Whoever knowingly displays any printed or other 
            likeness of the great seal of the United States, or of the 
            seals of the President or the Vice President of the United 
            States, or the seal of the United States Senate, or the seal 
            of the United States House of Representatives, or the seal 
            of the United States Congress, or any facsimile thereof, in, 
            or in connection with, any advertisement, poster, circular, 
            book, pamphlet, or other publication, public meeting, play, 
            motion picture, telecast, or other production, or on any 
            building, monument, or stationery, for the purpose of 
            conveying, or in a manner reasonably calculated to convey, a 
            false impression of sponsorship or approval by the 
            Government of the United States or by any department, 
            agency, or instrumentality thereof, shall be fined under 
            this title or imprisoned not more than six months, or both.
                (b) Whoever, except as authorized under regulations 
            promulgated by the President and published in the Federal 
            Register, knowingly manufactures, reproduces, sells, or 
            purchases for resale, either separately or appended to any 
            article manufactured or sold, any likeness of the seals of 
            the President or Vice President, or any substantial part 
            thereof, except for manufacture or sale of the article for 
            the official use of the Government of the United States, 
            shall be fined under this title or imprisoned not more than 
            six months, or both.
                (c) Whoever, except as directed by the United States 
            Senate, or the Secretary of the Senate on its behalf, 
            knowingly uses, manufactures, reproduces, sells or purchases 
            for resale, either separately or appended to any article 
            manufactured or sold, any likeness of the seal of the United 
            States Senate, or any substantial part thereof, except for 
            manufacture or sale of the article for the official use of 
            the Government of the United States, shall be fined under 
            this title or imprisoned not more than six months, or both.
                (d) Whoever, except as directed by the United States 
            House of Representatives, or the Clerk of the House of 
            Representatives on its behalf, knowingly uses, manufactures, 
            reproduces, sells or purchases for resale, either separately 
            or appended to any article manufactured or sold, any 
            likeness of the seal of the United States House of 
            Representatives, or any substantial part thereof, except for 
            manufacture or sale of the article for the official use of 
            the Government of the United States, shall be fined under 
            this title or imprisoned not more than six months, or both.
                (e) Whoever, except as directed by the United States 
            Congress, or the Secretary of the Senate and the Clerk of 
            the House of Representatives, acting jointly on its behalf, 
            knowingly uses, manufactures, reproduces, sells or purchases 
            for resale, either separately or appended to any article 
            manufactured or sold, any likeness of the seal of the United 
            States Congress, or any substantial part thereof, except for 
            manufacture or sale of the article for the official use of 
            the Government of the United States, shall be fined under 
            this title or imprisoned not more than six months, or both.

[[Page 765]]

                (f) A violation of the provisions of this section may be 
            enjoined at the suit of the Attorney General,
                            (1) in the case of the great seal of the 
                        United States and the seals of the President and 
                        Vice President, upon complaint by any authorized 
                        representative of any department or agency of 
                        the United States;
                            (2) in the case of the seal of the United 
                        States Senate, upon complaint by the Secretary 
                        of the Senate;
                            (3) in the case of the seal of the United 
                        States House of Representatives, upon complaint 
                        by the Clerk of the House of Representatives; 
                        and
                            (4) in the case of the seal of the United 
                        States Congress, upon complaint by the Secretary 
                        of the Senate and the Clerk of the House of 
                        Representatives, acting jointly. (Added Pub. L. 
                        89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525, 
                        and amended Pub. L. 91-651, Sec. 1, Jan. 5, 
                        1971, 84 Stat. 1940; Pub. L. 102-229, Title II, 
                        Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717; 
                        Pub. L. 103-322, Title XXXIII, 
                        Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 
                        2146; Pub. L. 105-55, Title III, Sec. 308(a)-
                        (d), Oct. 7, 1997, 111 Stat. 1198.)
            
                        Chapter 37.--ESPIONAGE AND CENSORSHIP

       988  Sec. 798. Disclosure of classified information
                (a) Whoever knowingly and willfully communicates, 
            furnishes, transmits, or otherwise makes available to an 
            unauthorized person, or publishes, or uses in any manner 
            prejudicial to the safety or interest of the United States 
            or for the benefit of any foreign government to the 
            detriment of the United States any classified information--
                            (1) concerning the nature, preparation, or 
                        use of any code, cipher, or cryptographic system 
                        of the United States or any foreign government; 
                        or
                            (2) concerning the design, construction, 
                        use, maintenance, or repair of any device, 
                        apparatus, or appliance used or prepared or 
                        planned for use by the United States or any 
                        foreign government for cryptographic or 
                        communication intelligence purposes; or
                            (3) concerning the communication 
                        intelligence activities of the United States or 
                        any foreign government; or
                            (4) obtained by the processes of 
                        communication intelligence from the 
                        communications of any foreign government, 
                        knowing the same to have been obtained by such 
                        processes--
                            Shall be fined under this title or 
                        imprisoned not more than ten years, or both.
                (b) As used in subsection (a) of this section--
                The term ``classified information'' means information 
            which, at the time of a violation of this section, is, for 
            reasons of national security, specifically designated by a 
            United States Government Agency for limited or restricted 
            dissemination or distribution;
                The terms ``code,'' ``cipher,'' and ``cryptographic 
            system'' include in their meanings, in addition to their 
            usual meanings, any method of secret writing and any 
            mechanical or electrical device or method used for the 
            purpose of disguising or concealing the contents, 
            significance, or meanings of communications;
                The term ``foreign government'' includes in its meaning 
            any person or persons acting or purporting to act for or on 
            behalf of any faction,

[[Page 766]]

            party, department, agency, bureau, or military force of or 
            within a foreign country, or for or on behalf of any 
            government or any person or persons purporting to act as a 
            government within a foreign country, whether or not such 
            government is recognized by the United States;
                The term ``communication intelligence'' means all 
            procedures and methods used in the interception of 
            communications and the obtaining of information from such 
            communications by other than the intended recipients;
                The term ``unauthorized person'' means any person who, 
            or agency which, is not authorized to receive information of 
            the categories set forth in subsection (a) of this section, 
            by the President, or by the head of a department of agency 
            of the United States Government which is expressly 
            designated by the President to engage in communication 
            intelligence activities for the United States.
                (c) Nothing in this section shall prohibit the 
            furnishing, upon lawful demand, of information to any 
            regularly constituted committee of the Senate or House of 
            Representatives of the United States of America, or joint 
            committee thereof.
                (d)(1) Any person convicted of a violation of this 
            section shall forfeit to the United States irrespective of 
            any provision of State law--
                            (A) any property constituting, or derived 
                        from, any proceeds the person obtained, directly 
                        or indirectly, as the result of such violation; 
                        and
                            (B) any of the person's property used, or 
                        intended to be used, in any manner or part, to 
                        commit, or to facilitate the commission of, such 
                        violation.
                (2) The court, in imposing sentence on a defendant for a 
            conviction of a violation of this section, shall order that 
            the defendant forfeit to the United States all property 
            described in paragraph (1).
                (3) Except as provided in paragraph (4), the provisions 
            of subsections (b), (c), and (e) through (p) of section 413 
            of the Comprehensive Drug Abuse Prevention and Control Act 
            of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply 
            to--
                            (A) property subject to forfeiture under 
                        this subsection;
                            (B) any seizure or disposition of such 
                        property; and
                            (C) any administrative or judicial 
                        proceeding in relation to such property,

            if not inconsistent with this subsection.

                (4) Notwithstanding section 524(c) of title 28, there 
            shall be deposited in the Crime Victims Fund established 
            under section 1402 of the Victims of Crime Act of 1984 (42 
            U.S.C. 10601) all amounts from the forfeiture of property 
            under this subsection remaining after the payment of 
            expenses for forfeiture and sale authorized by law.
                (5) As used in this subsection, the term ``State'' means 
            any State of the United States, the District of Columbia, 
            the Commonwealth of Puerto Rico, and any territory or 
            possession of the United States.

            (Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719, and 
            amended Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, 
            Sec. 330016(1)(L), 108 Stat. 2147; Oct. 14, 1994, Pub. L. 
            103-359, Title VIII, Sec. 804(a), 108 Stat. 3439; Oct. 11, 
            1996, Pub. L. 104-294, Title VI, Sec. 602(c), 110 Stat. 
            3503.)

[[Page 767]]



            
                         Chapter 73.--OBSTRUCTION OF JUSTICE

       989  Sec. 1505. Obstruction of proceedings before departments, 
                agencies, and committees
                Whoever, with intent to avoid, evade, prevent, or 
            obstruct compliance, in whole or in part, with any civil 
            investigative demand duly and properly made under the 
            Antitrust Civil Process Act, willfully withholds, 
            misrepresents, removes from any place, conceals, covers up, 
            destroys, mutilates, alters, or by other means falsifies any 
            documentary material, answers to written interrogatories, or 
            oral testimony, which is the subject of such demand; or 
            attempts to do so or solicits another to do so; or
                Whoever corruptly, or by threats or force, or by any 
            threatening letter or communication influences, obstructs, 
            or impedes or endeavors to influence, obstruct, or impede 
            the due and proper administration of the law under which any 
            pending proceeding is being had before any department or 
            agency of the United States, or the due and proper exercise 
            of the power of inquiry under which any inquiry or 
            investigation is being had by either House, or any committee 
            of either House or any joint committee of the Congress--
                Shall be fined under this title or imprisoned not more 
            than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 
            770; Sept. 19, 1962, Pub. L. 87-664, Sec. 6(a), 76 Stat. 
            551; Oct. 15, 1970, Pub. L. 91-452, Title IX, Sec. 903, 84 
            Stat. 947; Sept. 30, 1976, Pub. L. 94-435, Title I, 
            Sec. 105, 90 Stat. 1389; Oct. 12, 1982, Pub. L. 97-291, 
            Sec. 4(d), 96 Stat. 1253; Sept. 13, 1994, Pub. L. 103-322, 
            Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
            
                             Chapter 83.--POSTAL SERVICE

       990  Sec. 1719. Franking privilege
                Whoever makes use of any official envelope, label, or 
            indorsement authorized by law, to avoid the payment of 
            postage or registry fee on his private letter, packet, 
            package, or other matter in the mail, shall be fined under 
            this title. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13, 
            1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108 
            Stat. 2147.)
            
                     Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES

       991  Sec. 1906. Disclosure of information from a bank examination 
                report
                Whoever, being an examiner, public or private, or a 
            General Accounting Office employee with access to bank 
            examination report information under section 714 of title 
            31, discloses the names of borrowers or the collateral for 
            loans of any member bank of the Federal Reserve System, any 
            bank insured by the Federal Deposit Insurance Corporation, 
            any branch or agency of a foreign bank (as such terms are 
            defined in paragraphs (1) and (3) of section 1(b) of the 
            International Banking Act of 1978), or any organization 
            operating under section 25 or section 25(a) of the Federal 
            Reserve Act, examined by him or subject to General 
            Accounting Office audit under section 714 of title 31 to 
            other than the proper officers of such bank, branch, agency, 
            or organization, without first having obtained the express 
            permission in writing from the Comptroller of the Currency 
            as to a national bank or a Federal branch or Federal agency 
            (as such terms are defined in paragraphs (5) and (6)

[[Page 768]]

            of section 1(b) of the International Banking Act of 1978), 
            the Board of Governors of the Federal Reserve System as to a 
            State member bank, an uninsured State branch or State agency 
            (as such terms are defined in paragraphs (11) and (12) of 
            section 1(b) of the International Banking Act of 1978), or 
            an organization operating under section 25 or section 25(a) 
            of the Federal Reserve Act, or the Federal Deposit Insurance 
            Corporation as to any other insured bank, including any 
            insured branch (as defined in section 3(s) of the Federal 
            Deposit Insurance Act), or from the board of directors of 
            such bank or organization, except when ordered to do so by a 
            court of competent jurisdiction, or by direction of the 
            Congress of the United States, or either House thereof, or 
            any committee of Congress or either House duly authorized or 
            as authorized by section 714 of title 31 shall be fined 
            under this title or imprisoned not more than one year or 
            both. (June 25, 1948, ch. 645, 62 Stat. 791; July 21, 1978, 
            Pub. L. 95-320, Sec. 3, 92 Stat. 393; Sept. 13, 1982, Pub. 
            L. 97-258, Sec. 3(e)(1), 96 Stat. 1064; Nov. 29, 1990, Pub. 
            L. 101-647, Title XXV, Sec. 2597(k), 104 Stat. 4911; Sept. 
            13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 
            108 Stat. 2147.)
       992  Sec. 1913. Lobbying with appropriated moneys
                No part of the money appropriated by any enactment of 
            Congress shall, in the absence of express authorization by 
            Congress, be used directly or indirectly to pay for any 
            personal service, advertisement, telegram, telephone, 
            letter, printed or written matter, or other device, intended 
            or designed to influence in any manner a Member of Congress, 
            to favor or oppose, by vote or otherwise, any legislation or 
            appropriation by Congress, whether before or after the 
            introduction of any bill or resolution proposing such 
            legislation or appropriation; but this shall not prevent 
            officers or employees of the United States or of its 
            departments or agencies from communicating to Members of 
            Congress on the request of any Member or to Congress, 
            through the proper official channels, requests for 
            legislation or appropriations which they deem necessary for 
            the efficient conduct of the public business.
                Whoever, being an officer or employee of the United 
            States or of any department or agency thereof, violates or 
            attempts to violate this section, shall be fined under this 
            title or imprisoned not more than one year, or both; and 
            after notice and hearing by the superior officer vested with 
            the power of removing him, shall be removed from office or 
            employment. (June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 
            1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108 
            Stat. 2147.)
       993  Sec. 1918. Disloyalty and asserting the right to strike 
                against the Government
                Whoever violates the provision of section 7311 of title 
            5 that an individual may not accept or hold a position in 
            the Government of the United States or the government of the 
            District of Columbia if he--
                            (1) advocates the overthrow of our 
                        constitutional form of government;
                            (2) is a member of an organization that he 
                        knows advocates the overthrow of our 
                        constitutional form of government;
                            (3) participates in a strike, or asserts the 
                        right to strike, against the Government of the 
                        United States or the government of the District 
                        of Columbia; or

[[Page 769]]

                            (4) is a member of an organization of 
                        employees of the Government of the United States 
                        or of individuals employed by the government of 
                        the District of Columbia that he knows asserts 
                        the right to strike against the Government of 
                        the United States or the government of the 
                        District of Columbia;

            shall be fined under this title or imprisoned not more than 
            one year and a day, or both. (Added Pub. L. 89-554, 
            Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub. L. 
            104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 
            3498.)

            
                           Part V.--IMMUNITY OF WITNESSES

       994  Sec. 6001. Definitions
                As used in this chapter--
                            (1) ``agency of the United States'' means 
                        any executive department as defined in section 
                        101 of title 5, United States Code, a military 
                        department as defined in section 102 of title 5, 
                        United States Code, the Nuclear Regulatory 
                        Commission, the Board of Governors of the 
                        Federal Reserve System, the China Trade Act 
                        registrar appointed under 53 Stat. 1432 (15 
                        U.S.C. sec. 143), the Commodity Futures Trading 
                        Commission, the Federal Communications 
                        Commission, the Federal Deposit Insurance 
                        Corporation, the Federal Maritime Commission, 
                        the Federal Power Commission, the Federal Trade 
                        Commission, the Surface Transportation Board, 
                        the National Labor Relations Board, the National 
                        Transportation Safety Board, the Railroad 
                        Retirement Board, an arbitration board 
                        established under 48 Stat. 1193 (45 U.S.C. sec. 
                        157), the Securities and Exchange Commission, or 
                        a board established under 49 Stat. 31 (15 U.S.C. 
                        sec. 715d);
                            (2) ``other information'' includes any book, 
                        paper, document, record, recording, or other 
                        material;
                            (3) ``proceeding before an agency of the 
                        United States'' means any proceeding before such 
                        an agency with respect to which it is authorized 
                        to issue subpoenas and to take testimony or 
                        receive other information from witnesses under 
                        oath; and
                            (4) ``court of the United States'' means any 
                        of the following courts: the Supreme Court of 
                        the United States, a United States court of 
                        appeals, a United States district court 
                        established under chapter 5, title 28, United 
                        States Code, a United States bankruptcy court 
                        established under chapter 6, title 28, United 
                        States Code, the District of Columbia Court of 
                        Appeals, the Superior Court of the District of 
                        Columbia, the District Court of Guam, the 
                        District Court of the Virgin Islands, the United 
                        States Court of Federal Claims, the Tax Court of 
                        the United States, the Court of International 
                        Trade, and the Court of Appeals for the Armed 
                        Forces. (Added Pub. L. 91-452, Title II, 
                        Sec. 201(a), Oct. 15, 1970, 84 Stat. 926, and 
                        amended Pub. L. 95-405, Sec. 25, Sept. 30, 1978, 
                        92 Stat. 877; Pub. L. 95-598, Title III, 
                        Sec. 314(l), Nov. 6, 1978, 92 Stat. 2678; Pub. 
                        L. 96-417, Title VI, Sec. 601(l), Oct. 10, 1980, 
                        94 Stat. 1744; Pub. L. 97-164, Title I, 
                        Sec. 164(l), Apr. 2, 1982, 96 Stat. 50; Pub. L. 
                        102-550, Title XV, Sec. 1543, Oct. 28, 1992, 106 
                        Stat. 4069; Pub. L. 103-272, Sec. 4(d), July 5, 
                        1994, 108 Stat. 1361; Pub. L. 103-322, Title 
                        XXXIII, Sec. 330013(2), (3), Sept. 13, 1994, 108 
                        Stat. 2146; Pub. L. 103-337, Div. A, Title IX, 
                        Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; 
                        Pub. L. 104-88, Title III, Sec. 303(2), Dec. 29, 
                        1995, 109 Stat. 943.)

[[Page 770]]


       995  Sec. 6002. Immunity generally
                Whenever a witness refuses, on the basis of his 
            privilege against self-incrimination, to testify or provide 
            other information in a proceeding before or ancillary to--
                            (1) a court or grand jury of the United 
                        States,
                            (2) an agency of the United States, or
                            (3) either House of Congress, a joint 
                        committee of the two Houses, or a committee or a 
                        subcommittee of either House,

            and the person presiding over the proceeding communicates to 
            the witness an order issued under this title, the witness 
            may not refuse to comply with the order on the basis of his 
            privilege against self-incrimination; but no testimony or 
            other information compelled under the order (or any 
            information directly or indirectly derived from such 
            testimony or other information) may be used against the 
            witness in any criminal case, except a prosecution for 
            perjury, giving a false statement, or otherwise failing to 
            comply with the order. (Added Pub. L. 91-452, Title II, 
            Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub. 
            L. 103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994, 
            108 Stat. 2146.)

       996  Sec. 6005. Congressional proceedings
                (a) In the case of any individual who has been or may be 
            called to testify or provide other information at any 
            proceeding before or ancillary to either House of Congress, 
            or any committee, or any subcommittee of either House, or 
            any joint committee of the two Houses, a United States 
            district court shall issue, in accordance with subsection 
            (b) of this section, upon the request of a duly authorized 
            representative of the House of Congress or the committee 
            concerned, an order requiring such individual to give 
            testimony or provide other information which he refuses to 
            give or provide on the basis of his privilege against self-
            incrimination, such order to become effective as provided in 
            section 6002 of this title.
                (b) Before issuing an order under subsection (a) of this 
            section, a United States district court shall find that--
                            (1) in the case of a proceeding before or 
                        ancillary to either Houses of Congress, the 
                        request for such an order has been approved by 
                        an affirmative vote of a majority of the Members 
                        present of that House;
                            (2) in the case of a proceeding before or 
                        ancillary to a committee or a subcommittee of 
                        either House of Congress or a joint committee of 
                        both Houses, the request for such an order has 
                        been approved by an affirmative vote of two-
                        thirds of the members of the full committee; and
                            (3) ten days or more prior to the day on 
                        which the request for such an order was made, 
                        the Attorney General was served with notice of 
                        an intention to request the order.
                (c) Upon application of the Attorney General, the United 
            States district court shall defer the issuance of any order 
            under subsection (a) of this section for such period, not 
            longer than twenty days from the date of the request for 
            such order, as the Attorney General may specify.

            (Added Pub. L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970, 
            84 Stat. 928, and amended Pub. L. 103-322, Title XXXIII, 
            Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 104-
            292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104-294, 
            Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
                              19 u.s.c.--customs duties

                  general and permanent laws relating to the senate


[[Page 771]]


 
                              TITLE 19.--CUSTOMS DUTIES

                                    * * * * * * *

            
                           Chapter 12.--TRADE ACT OF 1974

                                    * * * * * * *

            
                   Subchapter I.--Negotiating and Other Authority

                                    * * * * * * *

            
                 Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO 
                                PRESIDENTIAL ACTIONS

      1000  Sec. 2191. Bills implementing trade agreements on nontariff 
                barriers and resolutions approving commercial agreements 
                with Communist countries.
            (a) Rules of House of Representatives and Senate
                This section and sections 2192 and 2193 of this title 
            are enacted by the Congress--
                            (1) as an exercise of the rulemaking power 
                        of the House of Representatives and the Senate, 
                        respectively, and as such they are deemed a part 
                        of the rules of each House, respectively, but 
                        applicable only with respect to the procedure to 
                        be followed in that House in the case of 
                        implementing bills described in subsection 
                        (b)(1) of this section, implementing revenue 
                        bills described in subsection (b)(2) of this 
                        section, approval resolutions described in 
                        subsection (b)(3) of this section, and 
                        resolutions described in sections 2192(a) and 
                        2193(a) of this title; and they supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner 
                        and to the same extent as in the case of any 
                        other rule of that House.

            (b) Definitions
                For purposes of this section--
                            (1) The term ``implementing bill'' means 
                        only a bill of either House of Congress which is 
                        introduced as provided in subsection (c) of this 
                        section with respect to one or more trade 
                        agreements, or with respect to an extension 
                        described in section 3572(c)(3) of this title, 
                        submitted to the House of Representatives and 
                        the Senate under section 2112, section 3572 of 
                        this title, or section 3805 (a)(1) of this 
                        title, and which contains--

                                (A) a provision approving such trade 
                            agreement or agreements or such extension,

                                (B) a provision approving the statement 
                            of administrative action (if any) proposed 
                            to implement such trade agreement or 
                            agreements, and

[[Page 772]]

                                (C) if changes in existing laws or new 
                            statutory authority is required to implement 
                            such trade agreement or agreements or such 
                            extension, provisions, necessary or 
                            appropriate to implement such trade 
                            agreement or agreements or such extension, 
                            either repealing or amending existing laws 
                            or providing new statutory authority.

                            (2) The term ``implementing revenue bill or 
                        resolution'' means an implementing bill, or 
                        approval resolution, which contains one or more 
                        revenue measures by reason of which it must 
                        originate in the House of Representatives.
                            (3) The term ``approval resolution'' means 
                        only a joint resolution of the two Houses of the 
                        Congress, the matter after the resolving clause 
                        of which is as follows: ``That the Congress 
                        approves the extension of nondiscriminatory 
                        treatment with respect to the products of ------
                        ---- transmitted by the President to the 
                        Congress on ------.'', the first blank space 
                        being filled with the name of the country 
                        involved and the second blank space being filled 
                        with the appropriate date.

            (c) Introduction and referral
                (1) On the day on which a trade agreement is submitted 
            to the House of Representatives and the Senate under section 
            2112, section 3572 of this title, or section 3805 (a)(1) of 
            this title, the implementing bill submitted by the President 
            with respect to such trade agreement or extension shall be 
            introduced (by request) in the House by the majority leader 
            of the House, for himself and the minority leader of the 
            House, or by Members of the House designated by the majority 
            leader and minority leader of the House; and shall be 
            introduced (by request) in the Senate by the majority leader 
            of the Senate, for himself and the minority leader of the 
            Senate, or by Members of the Senate designated by the 
            majority leader and minority leader of the Senate. If either 
            House is not in session on the day on which such a trade 
            agreement or extension is submitted, the implementing bill 
            shall be introduced in that House, as provided in the 
            preceding sentence, on the first day thereafter on which 
            that House is in session. Such bills shall be referred by 
            the Presiding Officers of the respective Houses to the 
            appropriate committee, or, in the case of a bill containing 
            provisions within the jurisdiction of two or more 
            committees, jointly to such committees for consideration of 
            those provisions within their respective jurisdictions.
                (2) On the day on which a bilateral commercial 
            agreement, entered into under subchapter IV of this chapter 
            after January 3, 1975, is transmitted to the House of 
            Representatives and the Senate, an approval resolution with 
            respect to such agreement shall be introduced (by request) 
            in the House by the majority leader of the House, for 
            himself and the minority leader of the House, or by Members 
            of the House designated by the majority leader and minority 
            leader of the House; and shall be introduced (by request) in 
            the Senate by the majority leader of the Senate, for himself 
            and the minority leader of the Senate, or by Members of the 
            Senate designated by the majority leader and minority leader 
            of the Senate. If either House is not in session on the day 
            on which such an agreement is transmitted, the approval 
            resolution with respect to such agreement shall be 
            introduced in that House, as provided in the preceding 
            sentence, on the first day thereafter on

[[Page 773]]

            which that House is in session. The approval resolution 
            introduced in the House shall be referred to the Committee 
            on Ways and Means and the approval resolution introduced in 
            the Senate shall be referred to the Committee on Finance.

            (d) Amendments prohibited
                No amendment to an implementing bill or approval 
            resolution shall be in order in either the House of 
            Representatives or the Senate; and no motion to suspend the 
            application of this subsection shall be in order in either 
            House, nor shall it be in order in either House for the 
            Presiding Officer to entertain a request to suspend the 
            application of this subsection by unanimous consent.

            (e) Period for committee and floor consideration
                (1) Except as provided in paragraph (2), if the 
            committee or committees of either House to which an 
            implementing bill or approval resolution has been referred 
            have not reported it at the close of the 45th day after its 
            introduction, such committee or committees shall be 
            automatically discharged from further consideration of the 
            bill or resolution and it shall be placed on the appropriate 
            calendar. A vote on final passage of the bill or resolution 
            shall be taken in each House on or before the close of the 
            15th day after the bill or resolution is reported by the 
            committee or committees of that House to which it was 
            referred, or after such committee or committees have been 
            discharged from further consideration of the bill or 
            resolution. If prior to the passage by one House of an 
            implementing bill or approval resolution of that House, that 
            House receives the same implementing bill or approval 
            resolution from the other House, then--
                            (A) the procedure in that House shall be the 
                        same as if no implementing bill or approval 
                        resolution had been received from the other 
                        House; but
                            (B) the vote on final passage shall be on 
                        the implementing bill or approval resolution of 
                        the other House.
                (2) The provisions of paragraph (1) shall not apply in 
            the Senate to an implementing revenue bill or resolution. An 
            implementing revenue bill or resolution received from the 
            House shall be referred to the appropriate committee or 
            committees of the Senate. If such committee or committees 
            have not reported such bill at the close of the 15th day 
            after its receipt by the Senate (or, if later, before the 
            close of the 45th day after the corresponding implementing 
            revenue bill or resolution was introduced in the Senate), 
            such committee or committees shall be automatically 
            discharged from further consideration of such bill or 
            resolution and it shall be placed on the calendar. A vote on 
            final passage of such bill or resolution shall be taken in 
            the Senate on or before the close of the 15th day after such 
            bill or resolution is reported by the committee or 
            committees of the Senate to which it was referred, or after 
            such committee or committees have been discharged from 
            further consideration of such bill or resolution.
                (3) For purposes of paragraphs (1) and (2), in computing 
            a number of days in either House, there shall be excluded 
            any day on which that House is not in session.


[[Page 774]]


            (f) Floor consideration in the House
                (1) A motion in the House of Representatives to proceed 
            to the consideration of an implementing bill or approval 
            resolution shall be highly privileged and not debatable. An 
            amendment to the motion shall not be in order, nor shall it 
            be in order to move to reconsider the vote by which the 
            motion is agreed to or disagreed to.
                (2) Debate in the House of Representatives on an 
            implementing bill or approval resolution shall be limited to 
            not more than 20 hours, which shall be divided equally 
            between those favoring and those opposing the bill or 
            resolution. A motion further to limit debate shall not be 
            debatable. It shall not be in order to move to recommit an 
            implementing bill or approval resolution or to move to 
            reconsider the vote by which an implementing bill or 
            approval resolution is agreed to or disagreed to.
                (3) Motions to postpone, made in the House of 
            Representatives with respect to the consideration of an 
            implementing bill or approval resolution, and motions to 
            proceed to the consideration of other business, shall be 
            decided without debate.
                (4) All appeals from the decisions of the chair relating 
            to the application of the Rules of the House of 
            Representatives to the procedure relating to an implementing 
            bill or approval resolution shall be decided without debate.
                (5) Except to the extent specifically provided in the 
            preceding provisions of this subsection, consideration of an 
            implementing bill or approval resolution shall be governed 
            by the Rules of the House of Representatives applicable to 
            other bills and resolutions in similar circumstances.

            (g) Floor consideration in the Senate
                (1) A motion in the Senate to proceed to the 
            consideration of an implementing bill or approval resolution 
            shall be privileged and not debatable. An amendment to the 
            motion shall not be in order, nor shall it be in order to 
            move to reconsider the vote by which the motion is agreed to 
            or disagreed to.
                (2) Debate in the Senate on an implementing bill or 
            approval resolution, and all debatable motions and appeals 
            in connection therewith, shall be limited to not more than 
            20 hours. The time shall be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
                (3) Debate in the Senate on any debatable motion or 
            appeal in connection with an implementing bill or approval 
            resolution shall be limited to not more than 1 hour, to be 
            equally divided between, and controlled by, the mover and 
            the manager of the bill or resolution, except that in the 
            event the manager of the bill or resolution is in favor of 
            any such motion or appeal, the time in opposition thereto, 
            shall be controlled by the minority leader or his designee. 
            Such leaders, or either of them, may, from time under their 
            control on the passage of an implementing bill or approval 
            resolution, allot additional time to any Senator during the 
            consideration of any debatable motion or appeal.
                (4) A motion in the Senate to further limit debate is 
            not debatable. A motion to recommit an implementing bill or 
            approval resolution is not in order. (Jan. 3, 1975, Pub. L. 
            93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub. L. 100-
            418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990,

[[Page 775]]

            Pub. L. 101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8, 
            1994, Pub. L. 103-465, Title II, Sec. 282(c)(4), 108 Stat. 
            4929.)
      1001  Sec. 2192. Resolutions disapproving certain actions
            (a) Contents of resolutions
                (1) For purposes of this section, the term 
            ``resolution'' means only--
                            (A) a joint resolution of the two Houses of 
                        the Congress, the matter after the resolving 
                        clause of which is as follows: ``That the 
                        Congress does not approve the action taken by, 
                        or the determination of, the President under 
                        section 203 of the Trade Act of 1974 [19 U.S.C. 
                        2253] transmitted to the Congress on ----------
                        '', the blank space being filled with the 
                        appropriate date; and
                            (B) a joint resolution of the two Houses of 
                        Congress, the matter after the resolving clause 
                        of which is as follows: ``That the Congress does 
                        not approve ---------- transmitted to the 
                        Congress on ----------'', with the first blank 
                        space being filled in accordance with paragraph 
                        (2), and the second blank space being filled 
                        with the appropriate date.
                (2) The first blank space referred to in paragraph 
            (1)(B) shall be filled, in the case of a resolution referred 
            to in section 2437(c)(2) of this title, with the phrase 
            ``the report of the President submitted under section ------ 
            of the Trade Act of 1974 with respect to ----------'' (with 
            the first blank space being filled with ``402(b)'' or 
            ``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate, 
            and the second blank space being filled with the name of the 
            country involved).
            (b) Reference to committees
                All resolutions introduced in the House of 
            Representatives shall be referred to the Committee on Ways 
            and Means and all resolutions introduced in the Senate shall 
            be referred to the Committee on Finance.

            (c) Discharge of committees
                (1) If the committee of either House to which a 
            resolution has been referred has not reported it at the end 
            of 30 days after its introduction, not counting any day 
            which is excluded under section 2194(b) of this title, it is 
            in order to move either to discharge the committee from 
            further consideration of the resolution or to discharge the 
            committee from further consideration of any other resolution 
            introduced with respect to the same matter, except that a 
            motion to discharge--
                            (A) may only be made on the second 
                        legislative day after the calendar day on which 
                        the Member making the motion announces to the 
                        House his intention to do so; and
                            (B) is not in order after the Committee has 
                        reported a resolution with respect to the same 
                        matter.
                (2) A motion to discharge under paragraph (1) may be 
            made only by an individual favoring the resolution, and is 
            highly privileged in the House and privileged in the Senate; 
            and debate thereon shall be limited to not more than 1 hour, 
            the time to be divided in the House equally between those 
            favoring and those opposing the resolution, and to be 
            divided in the Senate equally between, and controlled by, 
            the majority leader and the minority leader or their 
            designees. An amendment to the motion is not in order, and 
            it is not in order to move

[[Page 776]]

            to reconsider the vote by which the motion is agreed to or 
            disagreed to.

            (d) Floor consideration in the House
                (1) A motion in the House of Representatives to proceed 
            to the consideration of a resolution shall be highly 
            privileged and not debatable. An amendment to the motion 
            shall not be in order, nor shall it be in order to move to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to.
                (2) Debate in the House of Representatives on a 
            resolution shall be limited to not more than 20 hours, which 
            shall be divided equally between those favoring and those 
            opposing the resolution. A motion further to limit debate 
            shall not be debatable. No amendment to, or motion to 
            recommit, the resolution shall be in order. It shall not be 
            in order to move to reconsider the vote by which a 
            resolution is agreed to or disagreed to.
                (3) Motions to postpone, made in the House of 
            Representatives with respect to the consideration of a 
            resolution, and motions to proceed to the consideration of 
            other business shall be decided without debate.
                (4) All appeals from the decisions of the Chair relating 
            to the application of the Rules of the House of 
            Representatives to the procedure relating to a resolution 
            shall be decided without debate.
                (5) Except to the extent specifically provided in the 
            preceding provisions of this subsection, consideration of a 
            resolution in the House of Representatives shall be governed 
            by the Rules of the House of Representatives applicable to 
            other resolutions in similar circumstances.

            (e) Floor consideration in the Senate
                (1) A motion in the Senate to proceed to the 
            consideration of a resolution shall be privileged. An 
            amendment to the motion shall not be in order, nor shall it 
            be in order to move to reconsider the vote by which the 
            motion is agreed to or disagreed to.
                (2) Debate in the Senate on a resolution, and all 
            debatable motions and appeals in connection therewith, shall 
            be limited to not more than 20 hours, to be equally divided 
            between, and controlled by, the majority leader and the 
            minority leader or their designees.
                (3) Debate in the Senate on any debatable motion or 
            appeal in connection with a resolution shall be limited to 
            not more than 1 hour, to be equally divided, between, and 
            controlled by, the mover and the manager of the resolution, 
            except that it the event the manager of the resolution is in 
            favor of any such motion or appeal, the time in opposition 
            thereto, shall be controlled by the minority leader or his 
            designee. Such leaders, or either of them, may, from time 
            under their control on the passage of a resolution, allot 
            additional time to any Senator during the consideration of 
            any debatable motion or appeal.
                (4) A motion in the Senate to further limit debate on a 
            resolution, debatable motion, or appeal is not debatable. No 
            amendment to, or motion to recommit, a resolution is in 
            order in the Senate.
            (f) Procedures in the Senate
                (1) Except as otherwise provided in the section, the 
            following procedures shall apply in the Senate to a 
            resolution to which this section applies:

[[Page 777]]

                            (A)(i) Except as provided in clause (ii), a 
                        resolution that has passed the House of 
                        Representatives shall, when received in the 
                        Senate, be referred to the Committee on Finance 
                        for consideration in accordance with this 
                        section.
                            (ii) If a resolution to which this section 
                        applies was introduced in the Senate before 
                        receipt of a resolution that has passed the 
                        House of Representatives, the resolution from 
                        the House of Representatives shall, when 
                        received in the Senate be placed on the 
                        calendar. If this clause applies, the procedures 
                        in the Senate with respect to a resolution 
                        introduced in the Senate that contains the 
                        identical matter as the resolution that passed 
                        the House of Representatives shall be the same 
                        as if no resolution had been received from the 
                        House of Representatives, except that the vote 
                        on passage in the Senate shall be on the 
                        resolution that passed the House of 
                        Representatives.
                            (B) If the Senate passes a resolution before 
                        receiving from the House of Representatives a 
                        joint resolution that contains the identical 
                        matter, the joint resolution shall be held at 
                        the desk pending receipt of the joint resolution 
                        from the House of Representatives. Upon receipt 
                        of the joint resolution from the House of 
                        Representatives, such joint resolution shall be 
                        deemed to be read twice, considered, read the 
                        third time, and passed.
                (2) If the texts of joint resolutions described in 
            section 2192 or 2193(a) of this title, whichever is 
            applicable, concerning any matter are not identical--
                            (A) the Senate shall vote passage on the 
                        resolution introduced in the Senate, and
                            (B) the text of the joint resolution passed 
                        by the Senate shall, immediately upon its 
                        passage (or, if later, upon receipt of the joint 
                        resolution passed by the House), be substituted 
                        for the text of the joint resolution passed by 
                        the House of Representatives, and such 
                        resolution, as amended, shall be returned with a 
                        request for a conference between the two Houses.
                (3) Consideration in the Senate of any veto message with 
            respect to a joint resolution described in subsection 
            (a)(2)(B) of this section or section 2193(a) of this title, 
            including consideration of all debatable motions and appeals 
            in connection therewith, shall be limited to 10 hours, to be 
            equally divided between, and controlled by, the majority 
            leader and the minority leader or their designees. (Jan. 3, 
            1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26, 
            1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat 
            299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98 
            Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
            (5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465, 
            Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub. L. 104-295, 
            Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
      1002  Sec. 2193. Resolutions relating to extension of waiver 
                authority under section 402 of the Trade Act of 1974.
            (a) Contents of resolutions
                For purposes of this section the term ``resolution'' 
            means only a joint resolution of the two Houses of Congress, 
            the matter after the resolving clause of which is as 
            follows: ``That the Congress does not approve the extension 
            of the authority contained in section 402(c) of the Trade 
            Act of 1974 [19 U.S.C. 2432(c)] recommended by the President 
            to the

[[Page 778]]

            Congress on ---------- with respect to ----------,'' with 
            the first blank space being filled with the appropriate 
            date, and the second blank space being filled with the names 
            of those countries, if any, with respect to which such 
            extension of authority is not approved and with the clause 
            beginning with ``with respect to'' being omitted if the 
            extension of the authority is not approved with respect to 
            any country.
            (b) Application of rules of section 2192 of this title; 
                exceptions
                (1) Except as provided in this section, the provisions 
            of section 2192 of this title shall apply to resolutions 
            described in subsection (a) of this section.
                (2) In applying section 2192(c)(1) of this title, all 
            calendar days shall be counted.
                (3) That part of section 2192(d)(2) of this title which 
            provides that no amendment is in order shall not apply to 
            any amendment to a resolution which is limited to striking 
            out or inserting the names of one or more countries or to 
            striking out or inserting a with-respect-to clause. Debate 
            in the House of Representatives on any amendment to a 
            resolution shall be limited to not more than 1 hour which 
            shall be equally divided between those favoring and those 
            opposing the amendment. A motion in the House to further 
            limit debate on an amendment to a resolution is not 
            debatable.
                (4) That part of section 2192(e)(4) of this title which 
            provides that no amendment is in order shall not apply to 
            any amendment to a resolution which is limited to striking 
            out or inserting the names of one or more countries or to 
            striking out or inserting a with-respect-to clause. The time 
            limit on a debate on a resolution in the Senate under 
            section 2192(e)(2) of this title shall include all 
            amendments to a resolution. Debate in the Senate on any 
            amendment to a resolution shall be limited to not more than 
            1 hour, to be equally divided between, and controlled by, 
            the mover and the manager of the resolution, except that in 
            the event the manager of the resolution is in favor of any 
            such amendment, the time in opposition thereto shall be 
            controlled by the minority leader or his designee. The 
            majority leader and minority leader may, from time under 
            their control on the passage of a resolution, allot 
            additional time to any Senator during the consideration of 
            any amendment. A motion in the Senate to further limit 
            debate on an amendment to a resolution is not debatable.

            (c) Consideration of second resolution not in order
                It shall not be in order in either the House of 
            Representatives or the Senate to consider a resolution with 
            respect to a recommendation of the President under section 
            2432(d) of this title (other than a resolution described in 
            subsection (a) of this section received from the other 
            House), if that House has adopted a resolution with respect 
            to the same recommendation.
            (d) Procedures relating to conference reports in the Senate
                (1) Consideration in the Senate of the conference report 
            on any joint resolution described in subsection (a) of this 
            section, including consideration of all amendments in 
            disagreement (and all amendments thereto), and consideration 
            of all debatable motions and appeals in connection 
            therewith, shall be limited to 10 hours, to be equally 
            divided between, and controlled by, the majority leader and 
            the minority leader or their

[[Page 779]]

            designees. Debate on any debatable motion or appeal related 
            to the conference report shall be limited to 1 hour, to be 
            equally divided between, and controlled by, the mover and 
            the manager of the conference report.
                (2) In any case in which there are amendments in 
            disagreement, time on each amendment shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the manager of the conference report and the minority leader 
            or his designee. No amendment to any amendment in 
            disagreement shall be received unless it is a germane 
            amendment. (Pub. L. 93-618, Title I, Sec. 153, Jan. 3, 1975, 
            88 Stat. 2006; Aug. 20, 1990, Pub. L. 101-382, 
            Sec. 132(a)(3)-(6), 104 Stat. 644, 645.)
      1003  Sec. 2194. Special rules relating to Congressional 
                procedures.
                (a) Whenever, pursuant to section 2112(c), 2253(b), 
            2432(d), or 2437 (a) or (b), a document is required to be 
            transmitted to the Congress, copies of such document shall 
            be delivered to both Houses of Congress on the same day and 
            shall be delivered to the Clerk of the House of 
            Representatives if the House is not in session and to the 
            Secretary of the Senate if the Senate is not in session.
                (b) For purposes of sections 2253(c) and 2437(c)(2) of 
            this title, the 90-day period referred to in such sections 
            shall be computed by excluding--
                            (1) the days on which either House is not in 
                        session because of an adjournment of more than 3 
                        days to a day certain or an adjournment of the 
                        Congress sine die, and
                            (2) any Saturday and Sunday, not excluded 
                        under paragraph (1), when either House is not in 
                        session. (Jan. 3, 1975, Pub. L. 93-618, 
                        Sec. 154, 88 Stat. 2008; July 26, 1979, Pub. L. 
                        96-39, Sec. 902(a)(2), 93 Stat. 300; Aug. 20, 
                        1990, Pub. L. 101-382, Sec. 132(c)(6), 104 Stat. 
                        647; Pub. L. 103-465, Title II, 
                        Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat. 
                        4909; June 25, 1999, Pub. L. 106-36, 
                        Sec. 1001(a)(5), 113 Stat. 130.)

            
                     Part 6.--CONGRESSIONAL LIAISON AND REPORTS

      1004  Sec. 2211. Congressional advisers for trade policy and 
                negotiations.
                (a) Selection
                            (1) At the beginning of each regular session 
                        of Congress, the Speaker of the House of 
                        Representatives, upon the recommendation of the 
                        chairman of the Committee on Ways and Means, 
                        shall select 5 members (not more than 3 of whom 
                        are members of the same political party) of such 
                        committee, and the President pro tempore of the 
                        Senate, upon the recommendation of the chairman 
                        of the Committee on Finance, shall select 5 
                        members (not more than 3 of whom are members of 
                        the same political party) of such committee, who 
                        shall be designated congressional advisers on 
                        trade policy and negotiations. They shall 
                        provide advice on the development of trade 
                        policy and priorities for the implementation 
                        thereof. They shall also be accredited by the 
                        United States Trade Representative on behalf of 
                        the President as official advisers to the United 
                        States delegations to international conferences, 
                        meetings, and negotiating sessions relating to 
                        trade agreements.

[[Page 780]]

                            (2)(A) In addition to the advisers 
                        designated under paragraph (1) from the 
                        Committee on Ways and Means and the Committee on 
                        Finance--

                                (i) the Speaker of the House may select 
                            additional members of the House, for 
                            designation as congressional advisers 
                            regarding specific trade policy matters or 
                            negotiations, from any other committee of 
                            the House or joint committee of Congress 
                            that has jurisdiction over legislation 
                            likely to be affected by such matters or 
                            negotiations; and

                                (ii) the President pro tempore of the 
                            Senate may select additional members of the 
                            Senate, for designation as congressional 
                            advisers regarding specific trade policy 
                            matters or negotiations, from any other 
                            committee of the Senate or joint committee 
                            of Congress that has jurisdiction over 
                            legislation likely to be affected by such 
                            matters or negotiations.

                    Members of the House and Senate selected as 
                    congressional advisers under this subparagraph shall 
                    be accredited by the United States Trade 
                    Representative.
                            (B) Before designating any member under 
                        subparagraph (A), the Speaker or the President 
                        pro tempore shall consult with--

                                (i) the chairman and ranking member of 
                            the Committee on Ways and Means or the 
                            Committee on Finance, as appropriate; and

                                (ii) the chairman and ranking minority 
                            member of the committee from which the 
                            member will be selected.

                            (C) Not more than 3 members (not more than 2 
                        of whom are members of the same political party) 
                        may be selected under this paragraph as advisers 
                        from any committee of Congress.

                (b) Briefing

                            (1) The United States Trade Representative 
                        shall keep each official adviser designated 
                        under subsection (a)(1) currently informed on 
                        matters affecting the trade policy of the United 
                        States and, with respect to possible agreements, 
                        negotiating objectives, the status of 
                        negotiations in progress, and the nature of any 
                        changes in domestic law or the administration 
                        thereof which may be recommended to Congress to 
                        carry out any trade agreement or any requirement 
                        of, amendment to, or recommendation under, such 
                        agreement.
                            (2) The United States Trade Representative 
                        shall keep each official adviser designated 
                        under subsection (a)(2) of this section 
                        currently informed regarding the trade policy 
                        matters and negotiations with respect to which 
                        the adviser is designated.
                            (3)(A) The chairmen of the Committee on Ways 
                        and Means and the Committee on Finance may 
                        designate members (in addition to the official 
                        advisers under subsection (a)(1) of this 
                        section) and staff members of their respective 
                        committees who shall have access to the 
                        information provided to official advisers under 
                        paragraph (1).
                            (B) The chairman of any committee of the 
                        House or Senate or any joint committee of 
                        Congress from which official advisers are 
                        selected under subsection (a)(2) may designate 
                        other members of such committee, and staff 
                        members of such committee, who shall have access 
                        to the information provided to official advisers 
                        under paragraph (2).


[[Page 781]]


                (c) Committee consultation

                            The United States Trade Representative shall 
                        consult on a continuing basis with the Committee 
                        on Ways and Means of the House of 
                        Representatives, the Committee on Finance of the 
                        Senate, and the other appropriate committees of 
                        the House and Senate on the development, 
                        implementation, and administration of overall 
                        trade policy of the United States. Such 
                        consultations shall include, but are not limited 
                        to, the following elements of such policy:
                            (1) The principal multilateral and bilateral 
                        negotiating objectives and the progress being 
                        made toward their achievement.
                            (2) The implementation, administration, and 
                        effectiveness of recently concluded multilateral 
                        and bilateral trade agreements and resolution of 
                        trade disputes.
                            (3) The actions taken, and proposed to be 
                        taken, under the trade laws of the United States 
                        and the effectiveness, or anticipated 
                        effectiveness, of such actions in achieving 
                        trade policy objectives.
                            (4) The important developments and issues in 
                        other areas of trade for which there must be 
                        developed proper policy response.

            When necessary, meetings shall be held with each Committee 
            in executive session to review matters under negotiation. 
            (Jan. 3, 1975, Pub. L. 93-618, Sec. 161, 88 Stat. 2008; July 
            26, 1979, Pub. L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2, 
            1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381; 
            Aug. 23, 1988, Pub. L. 100-418, Sec. 1632, 102 Stat. 1269.)

      1005  Sec. 2212. Transmission of agreements to Congress.
                (a) As soon as practicable after a trade agreement 
            entered into under section 2133 or 2134 of this title or 
            under section 3803 of this title has entered into force with 
            respect to the United States, the President shall, if he has 
            not previously done so, transmit a copy of such trade 
            agreement to each House of the Congress together with a 
            statement, in the light of the advice of the International 
            Trade Commission under section 2151(b) of this title, if 
            any, and of other relevant considerations, of his reasons 
            for entering into the agreement.
                (b) The President shall transmit to each Member of the 
            Congress a summary of the information required to be 
            transmitted to each House under subsection (a) of this 
            section. For purposes of this subsection, the term 
            ``Member'' includes any Delegate or Resident Commissioner. 
            (Jan. 3, 1975, Pub. L. 93-618, Sec. 162, 88 Stat. 2008; Nov. 
            10, 1988, Pub. L. 100-647, Sec. 9001(a)(10), 102 Stat. 
            3807.)
      1006  Sec. 2213. Reports.
                (a) Annual report on trade agreements program and 
            national trade policy agenda

                            (1) The President shall submit to the 
                        Congress during each calendar year (but not 
                        later than March 1 of that year) a report on--

                                (A) the operation of the trade 
                            agreements program, and the provision of 
                            import relief and adjustment assistance to 
                            workers and firms, under this Act during the 
                            preceding calendar year; and

                                (B) the national trade policy agenda for 
                            the year in which the report is submitted.

[[Page 782]]

                            (2) The report shall include, with respect 
                        to the matters referred to in paragraph (1)(A), 
                        information regarding--

                                (A) new trade negotiations;

                                (B) changes made in duties and nontariff 
                            barriers and other distortions of trade of 
                            the United States;

                                (C) reciprocal concessions obtained;

                                (D) changes in trade agreements 
                            (including the incorporation therein of 
                            actions taken for import relief and 
                            compensation provided therefor);

                                (E) the extension or withdrawal of 
                            nondiscriminatory treatment by the United 
                            States with respect to the products of 
                            foreign countries;

                                (F) the extension, modification, 
                            withdrawal, suspension, or limitation of 
                            preferential treatment to exports of 
                            developing countries;

                                (G) the results of actions to obtain the 
                            removal of foreign trade restrictions 
                            (including discriminatory restrictions) 
                            against United States exports and the 
                            removal of foreign practices which 
                            discriminate against United States service 
                            industries (including transportation and 
                            tourism) and investment;

                                (H) the measures being taken to seek the 
                            removal of other significant foreign import 
                            restrictions;

                                (I) each of the referrals made under 
                            section 2171(d)(1)(B) of this title and any 
                            action taken with respect to such referral;

                                (J) other information relating to the 
                            trade agreements program and to the 
                            agreements entered into thereunder; and

                                (K) the number of applications filed for 
                            adjustment assistance for workers and firms, 
                            the number of such applications which were 
                            approved, and the extent to which adjustment 
                            assistance has been provided under such 
                            approved applications.

                            (3)(A) The national trade policy agenda 
                        required under paragraph (1)(B) for the year in 
                        which a report is submitted shall be in the form 
                        of a statement of--

                                (i) the trade policy objectives and 
                            priorities of the United States for the 
                            year, and the reasons therefor;

                                (ii) the actions proposed, or 
                            anticipated, to be undertaken during the 
                            year to achieve such objectives and 
                            priorities, including, but not limited to, 
                            actions authorized under the trade laws and 
                            negotiations with foreign countries;

                                (iii) any proposed legislation necessary 
                            or appropriate to achieve any of such 
                            objectives or priorities; and

                                (iv) the progress that was made during 
                            the preceding year in achieving the trade 
                            policy objectives and priorities included in 
                            the statement provided for that year under 
                            this paragraph.

                            (B) The President may separately submit any 
                        information referred to in subparagraph (A) to 
                        the Congress in confidence if the President 
                        considers confidentiality appropriate.
                            (C) Before submitting the national trade 
                        policy agenda for any year, the President shall 
                        seek advice from the appropriate advisory 
                        committees established under section 2155 of 
                        this title and shall consult with the 
                        appropriate committees of the Congress.
                            (D) The United States Trade Representative 
                        (hereafter referred to in this section as the 
                        ``Trade Representative'') and other appro

[[Page 783]]

                        priate officials of the United States Government 
                        shall consult periodically with the appropriate 
                        committees of the Congress regarding the annual 
                        objectives and priorities set forth in each 
                        national trade policy agenda with respect to--

                                (i) the status and results of the 
                            actions that have been undertaken to achieve 
                            the objectives and priorities; and

                                (ii) any development which may require, 
                            or result in, changes to any of such 
                            objectives or priorities.

                (b) Annual trade projection report

                            (1) In order for the Congress to be informed 
                        of the impact of foreign trade barriers and 
                        macroeconomic factors on the balance of trade of 
                        the United States, the Trade Representative and 
                        the Secretary of the Treasury shall jointly 
                        prepare and submit to the Committee on Finance 
                        of the Senate and the Committee on Ways and 
                        Means of the House of Representatives (hereafter 
                        referred to in this subsection as the 
                        ``Committees'') on or before March 1 of each 
                        year a report which consists of--

                                (A) a review and analysis of--

                                        (i) the merchandise balance of 
                                    trade,

                                        (ii) the goods and services 
                                    balance of trade,

                                        (iii) the balance on the current 
                                    account,

                                        (iv) the external debt position,

                                        (v) the exchange rates,

                                        (vi) the economic growth rates,

                                        (vii) the deficit or surplus in 
                                    the fiscal budget, and

                                        (viii) the impact on United 
                                    States trade of market barriers and 
                                    other unfair practices,

                            of countries that are major trading partners 
                            of the United States, including, as 
                            appropriate, groupings of such countries;

                                (B) projections for each of the economic 
                            factors described in subparagraph (A) 
                            (except those described in clauses (v) and 
                            (viii)) for each of the countries and groups 
                            of countries referred to in subparagraph (A) 
                            for the year in which the report is 
                            submitted and for the succeeding year; and

                                (C) conclusions and recommendations, 
                            based upon the projections referred to in 
                            subparagraph (B), for policy changes, 
                            including trade policy, exchange rate 
                            policy, fiscal policy, and other policies 
                            that should be implemented to improve the 
                            outlook.

                            (2) To the extent that subjects referred to 
                        in paragraph (1) (A), (B), or (C) are covered in 
                        the national trade policy agenda required under 
                        subsection (a)(1)(B) or in other reports 
                        required by this Act or other law, the Trade 
                        Representative and the Secretary of the Treasury 
                        may, as appropriate, draw on the information, 
                        analysis, and conclusions, if any, in those 
                        reports for the purposes of preparing the report 
                        required by this subsection.
                            (3) The Trade Representative and the 
                        Secretary of the Treasury shall consult with the 
                        Chairman of the Board of Governors of the 
                        Federal Reserve System in the preparation of 
                        each report required under this subsection.
                            (4) The Trade Representative and the 
                        Secretary of the Treasury may separately submit 
                        any information, analysis, or conclusion 
                        referred to in paragraph (1) to the Committees 
                        in confidence if the

[[Page 784]]

                        Trade Representative and the Secretary consider 
                        confidentiality appropriate.
                            (5) After submission of each report required 
                        under paragraph (1), the Trade Representative 
                        and the Secretary of the Treasury shall consult 
                        with each of the Committees with respect to the 
                        report.
                (c) ITC reports.
                            The United States International Trade 
                        Commission shall submit to the Congress, at 
                        least once a year, a factual report on the 
                        operation of the trade agreements program. (Jan. 
                        3, 1975, Pub. L. 93-618, Sec. 163, 88 Stat. 
                        2009; Aug. 23, 1988, Pub. L. 100-418, Sec. 1641, 
                        102 Stat. 1271.)

                                    * * * * * * *

            
               Part 8.--IDENTIFICATION OF MARKET BARRIERS AND CERTAIN 
                                UNFAIR TRADE ACTIONS

      1007  Sec. 2241. Estimates of barriers to market access.
            (a) National trade estimates
                    (1) In general
                            For calendar year 1988, and for each 
                        succeeding calendar year, the United States 
                        Trade Representative, through the interagency 
                        trade organization established pursuant to 
                        section 1872(a) of this title and with the 
                        assistance of the interagency advisory committee 
                        established under section 2171(d)(2) of this 
                        title, shall--

                                (A) identify and analyze acts, policies, 
                            or practices of each foreign country which 
                            constitute significant barriers to, or 
                            distortions of--

                                        (i) United States exports of 
                                    goods or services (including 
                                    agricultural commodities; and 
                                    property protected by trademarks, 
                                    patents, and copyrights exported or 
                                    licensed by United States persons),

                                        (ii) foreign direct investment 
                                    by United States persons, especially 
                                    if such investment has implications 
                                    for trade in goods or services; and

                                        (iii) United States electronic 
                                    commerce,

                                (B) make an estimate of the trade-
                            distorting impact on United States commerce 
                            of any act, policy, or practice identified 
                            under subparagraph (A); and

                                (C) make an estimate, if feasible, of--

                                        (i) the value of additional 
                                    goods and services of the United 
                                    States,

                                        (ii) the value of additional 
                                    foreign direct investment by United 
                                    States persons, and

                                        (iii) the value of additional 
                                    United States electronic commerce,

                            that would have been exported to, or 
                            invested in, or transacted with, each 
                            foreign country during such calendar year if 
                            each of such acts, policies, and practices 
                            of such country did not exist.

[[Page 785]]

                    (2) Certain factors taken into account in making 
                            analysis and estimate
                            In making any analysis or estimate under 
                        paragraph (1), the Trade Representative shall 
                        take into account--

                                (A) the relative impact of the act, 
                            policy, or practice on United States 
                            commerce;

                                (B) the availability of information to 
                            document prices, market shares, and other 
                            matters necessary to demonstrate the effects 
                            of the act, policy, or practice;

                                (C) the extent to which such act, 
                            policy, or practice is subject to 
                            international agreements to which the United 
                            States is a party;

                                (D) any advice given through appropriate 
                            committees established pursuant to section 
                            2155 of this title; and

                                (E) the actual increase in--

                                        (i) the value of goods and 
                                    services of the United States 
                                    exported to,

                                        (ii) the value of foreign direct 
                                    investment made in, and

                                        (iii) the value of electronic 
                                    commerce transacted with,

                            the foreign country during the calendar year 
                            for which the estimate under paragraph 
                            (1)(C) is made.
                    (3) Annual revisions and updates
                            The Trade Representative shall annually 
                        revise and update the analysis and estimate 
                        under paragraph (1).
            (b) Reports
                    (1) In general
                            On or before April 30, 1989, and on or 
                        before March 31 of each succeeding calendar 
                        year, the Trade Representative shall submit a 
                        report on the analysis and estimates made under 
                        subsection (a) of this section for the calendar 
                        year preceding such calendar year (which shall 
                        be known as the ``National Trade Estimate'') to 
                        the President, the Committee on Finance of the 
                        Senate, and appropriate committees of the House 
                        of Representatives.
                    (2) Reports to include information with respect to 
                            action being taken
                            The Trade Representative shall include in 
                        each report submitted under paragraph (1) 
                        information with respect to any action taken (or 
                        the reasons for no action taken) to eliminate 
                        any act, policy, or practice identified under 
                        subsection (a), including, but not limited to--
                            (A) any action under section 2411 of this 
                        title,
                            (B) negotiations or consultations with 
                        foreign governments, or
                            (C) a section on foreign anticompetitive 
                        practices, the toleration of which by foreign 
                        governments is adversely affecting exports of 
                        United States goods or services.
                    (3) Consultation with Congress on trade policy 
                            priorities
                            The Trade Representative shall keep the 
                        committees described in paragraph (1) currently 
                        informed with respect to trade policy priorities 
                        for the purposes of expanding market 
                        opportunities. After the submission of the 
                        report required by paragraph (1), the Trade

[[Page 786]]

                        Representative shall also consult periodically 
                        with, and take into account the views of, the 
                        committees described in that paragraph regarding 
                        means to address the foreign trade barriers 
                        identified in the report, including the possible 
                        initiation of investigations under section 2412 
                        of this title or other trade actions.
            (c) Assistance of other agencies
                    (1) Furnishing of information
                            The head of each department or agency of the 
                        executive branch of the Government, including 
                        any independent agency, is authorized and 
                        directed to furnish to the Trade Representative 
                        or to the appropriate agency, upon request, such 
                        data, reports, and other information as is 
                        necessary for the Trade Representative to carry 
                        out his functions under this section. In 
                        preparing the section of the report required by 
                        subsection (b)(2)(C) of this section, the Trade 
                        Representative shall consult in particular with 
                        the Attorney General.
                    (2) Restrictions on release or use of information
                            Nothing in this subsection shall authorize 
                        the release of information to, or the use of 
                        information by, the Trade Representative in a 
                        manner inconsistent with law or any procedure 
                        established pursuant thereto.
                    (3) Personnel and services
                            The head of any department, agency, or 
                        instrumentality of the United States may detail 
                        such personnel and may furnish such services, 
                        with or without reimbursement, as the Trade 
                        Representative may request to assist in carrying 
                        out his functions.
            (d) Electronic commerce
                For purposes of this section, the term ``electronic 
            commerce'' has the meaning given that term in section 
            1104(3) of the Internet Tax Freedom Act. (Pub. L. 93-618, 
            Title I, Sec. 181, as added Pub. L. 98-573, Title III, 
            Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001, and amended Pub. 
            L. 100-418, Title I, Sec. 1304, Aug. 23, 1988, 102 Stat. 
            1181; Pub. L. 103-465, Title III, Sec. Sec. 311(a), 312, 
            Dec. 8, 1994, 108 Stat. 4938; Pub. L. 105-277, Div. C, Title 
            XII, Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.)

                                    * * * * * * *

            
                     Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS

                                    * * * * * * *

      1008  Sec. 3534. Annual report on the WTO
                Not later than March 1 of each year beginning in 1996, 
            the Trade Representative shall submit to the Congress a 
            report describing, for the preceding fiscal year of the 
            WTO--
                            (1) the major activities and work programs 
                        of the WTO, including the functions and 
                        activities of the committees established under 
                        article IV of the WTO Agreement, and the 
                        expenditures made by the WTO in connection with 
                        those activities and programs;
                            (2) the percentage of budgetary assessments 
                        by the WTO that were accounted for by each WTO 
                        member county, including the United States;

[[Page 787]]

                            (3) the total number of personnel employed 
                        or retained by the Secretariat of the WTO, and 
                        the number of professional, administrative, and 
                        support staff of the WTO;
                            (4) for each personnel category described in 
                        paragraph (3), the number of citizens of each 
                        country, and the average salary of the 
                        personnel, in that category;
                            (5) each report issued by a panel or the 
                        Appellate Body in a dispute settlement 
                        proceeding regarding Federal or State law, and 
                        any efforts by the Trade Representative to 
                        provide for implementation of the 
                        recommendations contained in a report that is 
                        adverse to the United States;
                            (6) each proceeding before a panel or the 
                        Appellate Body that was initiated during that 
                        fiscal year regarding Federal or State law, the 
                        status of the proceeding, and the matter at 
                        issue;
                            (7) the status of consultations with any 
                        State whose law was the subject of a report 
                        adverse to the United States that was issued by 
                        a panel or the Appellate Body; and
                            (8) any progress achieved in increasing the 
                        transparency of proceedings of the Ministerial 
                        Conference and the General Council, and of 
                        dispute settlement proceedings conducted 
                        pursuant to the Dispute Settlement 
                        Understanding. (Dec. 8, 1994, Pub.L. 103-465, 
                        Title I, Sec. 124, 108 Stat. 4832.)
      1009  Sec. 3535. Review of Participation in the WTO.
            (a) Report on the operation of the WTO
                The first annual report submitted to the Congress under 
            section 3534 of this title--
                            (1) after the end of the 5-year period 
                        beginning on the date on which the WTO Agreement 
                        enters into force with respect to the United 
                        States, and
                            (2) after the end of every 5-year period 
                        thereafter,

            shall include an analysis of the effects of the WTO 
            Agreement on the interests of the United States, the costs 
            and benefits to the United States of its participation in 
            the WTO, and the value of the continued participation of the 
            United States in the WTO.

            (b) Congressional disapproval of U.S. participation in the 
                WTO
                    (1) General rule
                The approval of the Congress, provided under section 
            3511(a) of this title, of the WTO Agreement shall cease to 
            be effective if, and only if, a joint resolution described 
            in subsection (c) of this section is enacted into law 
            pursuant to the provisions of paragraph (2).
                    (2) Procedural provisions
                            (A) The requirements of this paragraph are 
                        met if the joint resolution is enacted under 
                        subsection (c) of this section, and--

                                (i) the Congress adopts and transmits 
                            the joint resolution to the President before 
                            the end of the 90-day period (excluding any 
                            day described in section 2194(b) of this 
                            title), beginning on the date on which the 
                            Congress receives a report referred to in 
                            subsection (a) of this section, and

                                (ii) if the President vetoes the joint 
                            resolution, each House of Congress votes to 
                            override that veto on or before the later

[[Page 788]]

                            of the last day of the 90-day period 
                            referred to in clause (i) or the last day of 
                            the 15-day period (excluding any day 
                            described in section 2194(b) of this title) 
                            beginning on the date on which the Congress 
                            receives the veto message from the 
                            President.

                            (B) A joint resolution to which this section 
                        applies may be introduced at any time on or 
                        after the date on which the President transmits 
                        to the Congress a report described in subsection 
                        (a) of this section, and before the end of the 
                        90-day period referred to in subparagraph (A).
            (c) Joint resolutions
                    (1) Joint resolutions
                For purposes of this section, the term ``joint 
            resolution'' means only a joint resolution of the 2 Houses 
            of Congress, the matter after the resolving clause of which 
            is as follows: ``That the Congress withdraws its approval, 
            provided under section 101(a) of the Uruguay Round 
            Agreements Act, of the WTO Agreement as defined in section 
            2(9) of that Act.''.
                    (2) Procedures
                            (A) Joint resolutions may be introduced in 
                        either House of the Congress by any member of 
                        such House.
                            (B) Subject to the provisions of this 
                        subsection, the provisions of subsections (b), 
                        (d), (e), and (f) of section 2192 of this title 
                        apply to joint resolutions to the same extent as 
                        such provisions apply to resolutions under such 
                        section.
                            (C) If the committee of either House to 
                        which a joint resolution has been referred has 
                        not reported it by the close of the 45th day 
                        after its introduction (excluding any day 
                        described in section 2194(b) of this title), 
                        such committee shall be automatically discharged 
                        from further consideration of the joint 
                        resolution and it shall be placed on the 
                        appropriate calendar.
                            (D) It is not in order for--

                                (i) the Senate to consider any joint 
                            resolution unless it has been reported by 
                            the Committee on Finance or the committee 
                            has been discharged under subparagraph (C); 
                            or

                                (ii) the House of Representatives to 
                            consider any joint resolution unless it has 
                            been reported by the Committee on Ways and 
                            Means or the committee has been discharged 
                            under subparagraph (C).

                            (E) A motion in the House of Representatives 
                        to proceed to the consideration of a joint 
                        resolution may only be made on the second 
                        legislative day after the calendar day on which 
                        the Member making the motion announces to the 
                        House his or her intention to do so.
                    (3) Consideration of second resolution not in order
                It shall not be in order in either the House of 
            Representatives or the Senate to consider a joint resolution 
            (other than a joint resolution received from the other 
            House), if that House has previously adopted a joint 
            resolution under this section.
            (d) Rules of House of Representatives and Senate
                This section is enacted by the Congress--

[[Page 789]]

                            (1) as an exercise of the rulemaking power 
                        of the House of Representatives and the Senate, 
                        respectively, and as such is deemed a part of 
                        the rules of each House, respectively, and such 
                        procedures supersede other rules only to the 
                        extent that they are inconsistent with such 
                        other rules; and
                            (2) with the full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedures 
                        of that House) at any time, in the same manner, 
                        and to the same extent as any other rules of 
                        that House. (Pub. L. 103-465, Dec. 8, 1994, 
                        Title I, Sec. 125, 108 Stat. 4833.)

                                    * * * * * * *

            
                  Chapter 24.--BIPARTISAN TRADE PROMOTION AUTHORITY

                                    * * * * * * *

      1010  Sec. 3803. Trade Agreements Authority.
            (a) Agreements Regarding Tariff Barriers
                    (1) In general
                Whenever the President determines that one or more 
            existing duties or other import restrictions of any foreign 
            country or the United States are unduly burdening and 
            restricting the foreign trade of the United States and that 
            the purposes, policies, priorities, and objectives of this 
            title will be promoted thereby, the President--
                            (A) may enter into trade agreements with 
                        foreign countries before--

                                (i) June 1, 2005; or

                                (ii) June 1, 2007, if trade authorities 
                            procedures are extended under subsection 
                            (c); and

                            (B) may, subject to paragraphs (2) and (3), 
                        proclaim--

                                (i) such modification or continuance of 
                            any existing duty,

                                (ii) such continuance of existing duty-
                            free or excise treatment, or

                                (iii) such additional duties,

            as the President determines to be required or appropriate to 
            carry out any such trade agreement.

                The President shall notify the Congress of the 
            President's intention to enter into an agreement under this 
            subsection.
                    (2) Limitations
                No proclamation may be made under paragraph (1) that--
                            (A) reduces any rate of duty (other than a 
                        rate of duty that does not exceed 5 percent ad 
                        valorem on the date of the enactment of this 
                        Act) to a rate of duty which is less than 50 
                        percent of the rate of such duty that applies on 
                        such date of enactment;
                            (B) reduces the rate of duty below that 
                        applicable under the Uruguay Round Agreements, 
                        on any import sensitive agricultural product; or
                            (C) increases any rate of duty above the 
                        rate that applied on the date of the enactment 
                        of this Act.
                    (3) Aggregate reduction; exemption from staging
                            (A) Aggregate reduction.--Except as provided 
                        in subparagraph (B), the aggregate reduction in 
                        the rate of duty on any article which

[[Page 790]]

                        is in effect on any day pursuant to a trade 
                        agreement entered into under paragraph (1) shall 
                        not exceed the aggregate reduction which would 
                        have been in effect on such day if--

                                (i) a reduction of 3 percent ad valorem 
                            or a reduction of one-tenth of the total 
                            reduction, whichever is greater, had taken 
                            effect on the effective date of the first 
                            reduction proclaimed under paragraph (1) to 
                            carry out such agreement with respect to 
                            such article; and

                                (ii) a reduction equal to the amount 
                            applicable under clause (i) had taken effect 
                            at 1-year intervals after the effective date 
                            of such first reduction.

                            (B) Exemption from staging.--No staging is 
                        required under subparagraph (A) with respect to 
                        a duty reduction that is proclaimed under 
                        paragraph (1) for an article of a kind that is 
                        not produced in the United States. The United 
                        States International Trade Commission shall 
                        advise the President of the identity of articles 
                        that may be exempted from staging under this 
                        subparagraph.
                    (4) Rounding
                If the President determines that such action will 
            simplify the computation of reductions under paragraph (3), 
            the President may round an annual reduction by an amount 
            equal to the lesser of--
                            (A) the difference between the reduction 
                        without regard to this paragraph and the next 
                        lower whole number; or
                            (B) one-half of 1 percent ad valorem.
                    (5) Other limitations
                A rate of duty reduction that may not be proclaimed by 
            reason of paragraph (2) may take effect only if a provision 
            authorizing such reduction is included within an 
            implementing bill provided for under section 3805 and that 
            bill is enacted into law.
                    (6) Other tariff modifications
                Notwithstanding paragraphs (1)(B), (2)(A), (2)(C), and 
            (3) through (5), and subject to the consultation and layover 
            requirements of section 115 of the Uruguay Round Agreements 
            Act, the President may proclaim the modification of any duty 
            or staged rate reduction of any duty set forth in Schedule 
            XX, as defined in section 2(5) of that Act, if the United 
            States agrees to such modification or staged rate reduction 
            in a negotiation for the reciprocal elimination or 
            harmonization of duties under the auspices of the World 
            Trade Organization.
                    (7) Authority under Uruguay Round Agreements Act not 
                            affected
                Nothing in this subsection shall limit the authority 
            provided to the President under section 111(b) of the 
            Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
            (b) Agreements Regarding Tariff and Nontariff Barriers
                    (1) In general
                            (A) Whenever the President determines that--

                                (i) one or more existing duties or any 
                            other import restriction of any foreign 
                            country or the United States or any other 
                            barrier to, or other distortion of, 
                            international trade unduly burdens

[[Page 791]]

                            or restricts the foreign trade of the United 
                            States or adversely affects the United 
                            States economy, or

                                (ii) the imposition of any such barrier 
                            or distortion is likely to result in such a 
                            burden, restriction, or effect,
                            and that the purposes, policies, priorities, 
                            and objectives of this title will be 
                            promoted thereby, the President may enter 
                            into a trade agreement described in 
                            subparagraph (B) during the period described 
                            in subparagraph (C).

                            (B) The President may enter into a trade 
                        agreement under subparagraph (A) with foreign 
                        countries providing for--

                                (i) the reduction or elimination of a 
                            duty, restriction, barrier, or other 
                            distortion described in subparagraph (A); or

                                (ii) the prohibition of, or limitation 
                            on the imposition of, such barrier or other 
                            distortion.

                            (C) The President may enter into a trade 
                        agreement under this paragraph before--

                                (i) June 1, 2005; or

                                (ii) June 1, 2007, if trade authorities 
                            procedures are extended under subsection 
                            (c).

                    (2) Conditions
                A trade agreement may be entered into under this 
            subsection only if such agreement makes progress in meeting 
            the applicable objectives described in section 3802(a) and 
            (b) and the President satisfies the conditions set forth in 
            section 3804.
                    (3) Bills qualifying for trade authorities 
                            procedures
                            (A) The provisions of section 151 of the 
                        Trade Act of 1974 (in this title referred to as 
                        ``trade authorities procedures'') apply to a 
                        bill of either House of Congress which contains 
                        provisions described in subparagraph (B) to the 
                        same extent as such section 151 applies to 
                        implementing bills under that section. A bill to 
                        which this paragraph applies shall hereafter in 
                        this title be referred to as an ``implementing 
                        bill''.
                            (B) The provisions referred to in 
                        subparagraph (A) are--

                                (i) a provision approving a trade 
                            agreement entered into under this subsection 
                            and approving the statement of 
                            administrative action, if any, proposed to 
                            implement such trade agreement; and

                                (ii) if changes in existing laws or new 
                            statutory authority are required to 
                            implement such trade agreement or 
                            agreements, provisions, necessary or 
                            appropriate to implement such trade 
                            agreement or agreements, either repealing or 
                            amending existing laws or providing new 
                            statutory authority.

            (c) Extension Disapproval Process for Congressional Trade 
                Authorities Procedures
                    (1) In general
                Except as provided in section 3805(b)--
                            (A) the trade authorities procedures apply 
                        to implementing bills submitted with respect to 
                        trade agreements entered into under subsection 
                        (b) before July 1, 2005; and
                            (B) the trade authorities procedures shall 
                        be extended to implementing bills submitted with 
                        respect to trade agreements entered

[[Page 792]]

                        into under subsection (b) after June 30, 2005, 
                        and before July 1, 2007, if (and only if)--

                                (i) the President requests such 
                            extension under paragraph (2); and

                                (ii) neither House of the Congress 
                            adopts an extension disapproval resolution 
                            under paragraph (5) before June 1, 2005.

                    (2) Report to Congress by the President
                If the President is of the opinion that the trade 
            authorities procedures should be extended to implementing 
            bills described in paragraph (1)(B), the President shall 
            submit to the Congress, not later than March 1, 2005, a 
            written report that contains a request for such extension, 
            together with--
                            (A) a description of all trade agreements 
                        that have been negotiated under subsection (b) 
                        and the anticipated schedule for submitting such 
                        agreements to the Congress for approval;
                            (B) a description of the progress that has 
                        been made in negotiations to achieve the 
                        purposes, policies, priorities, and objectives 
                        of this title, and a statement that such 
                        progress justifies the continuation of 
                        negotiations; and
                            (C) a statement of the reasons why the 
                        extension is needed to complete the 
                        negotiations.
                    (3) Other reports to Congress
                            (A) Report by the advisory committee.
                            The President shall promptly inform the 
                        Advisory Committee for Trade Policy and 
                        Negotiations established under section 135 of 
                        the Trade Act of 1974 (19 U.S.C. 2155) of the 
                        President's decision to submit a report to the 
                        Congress under paragraph (2). The Advisory 
                        Committee shall submit to the Congress as soon 
                        as practicable, but not later than May 1, 2005, 
                        a written report that contains--

                                (i) its views regarding the progress 
                            that has been made in negotiations to 
                            achieve the purposes, policies, priorities, 
                            and objectives of this title; and

                                (ii) a statement of its views, and the 
                            reasons therefor, regarding whether the 
                            extension requested under paragraph (2) 
                            should be approved or disapproved.

                            (B) Report by ITC
                            The President shall promptly inform the 
                        International Trade Commission of the 
                        President's decision to submit a report to the 
                        Congress under paragraph (2). The International 
                        Trade Commission shall submit to the Congress as 
                        soon as practicable, but not later than May 1, 
                        2005, a written report that contains a review 
                        and analysis of the economic impact on the 
                        United States of all trade agreements 
                        implemented between the date of enactment of 
                        this Act and the date on which the President 
                        decides to seek an extension requested under 
                        paragraph (2).
                    (4) Status of reports
                            The reports submitted to the Congress under 
                        paragraphs (2) and (3), or any portion of such 
                        reports, may be classified to the extent the 
                        President determines appropriate.

[[Page 793]]

                    (5) Extension disapproval resolutions
                            (A) For purposes of paragraph (1), the term 
                        ``extension disapproval resolution'' means a 
                        resolution of either House of the Congress, the 
                        sole matter after the resolving clause of which 
                        is as follows: ``That the __ disapproves the 
                        request of the President for the extension, 
                        under section 3803(c)(1)(B)(i) of the Bipartisan 
                        Trade Promotion Authority Act of 2002, of the 
                        trade authorities procedures under that Act to 
                        any implementing bill submitted with respect to 
                        any trade agreement entered into under section 
                        3803(b) of that Act after June 30, 2005.'', with 
                        the blank space being filled with the name of 
                        the resolving House of the Congress.
                            (B) Extension disapproval resolutions--

                                (i) may be introduced in either House of 
                            the Congress by any member of such House; 
                            and

                                (ii) shall be referred, in the House of 
                            Representatives, to the Committee on Ways 
                            and Means and, in addition, to the Committee 
                            on Rules.

                            (C) The provisions of section 152(d) and (e) 
                        of the Trade Act of 1974 (19 U.S.C. 2192(d) and 
                        (e)) (relating to the floor consideration of 
                        certain resolutions in the House and Senate) 
                        apply to extension disapproval resolutions.
                            (D) It is not in order for--

                                (i) the Senate to consider any extension 
                            disapproval resolution not reported by the 
                            Committee on Finance;

                                (ii) the House of Representatives to 
                            consider any extension disapproval 
                            resolution not reported by the Committee on 
                            Ways and Means and, in addition, by the 
                            Committee on Rules; or

                                (iii) either House of the Congress to 
                            consider an extension disapproval resolution 
                            after June 30, 2005.

                    (d) Commencement of Negotiations
                            In order to contribute to the continued 
                        economic expansion of the United States, the 
                        President shall commence negotiations covering 
                        tariff and nontariff barriers affecting any 
                        industry, product, or service sector, and expand 
                        existing sectoral agreements to countries that 
                        are not parties to those agreements, in cases 
                        where the President determines that such 
                        negotiations are feasible and timely and would 
                        benefit the United States. Such sectors include 
                        agriculture, commercial services, intellectual 
                        property rights, industrial and capital goods, 
                        government procurement, information technology 
                        products, environmental technology and services, 
                        medical equipment and services, civil aircraft, 
                        and infrastructure products. In so doing, the 
                        President shall take into account all of the 
                        principal negotiating objectives set forth in 
                        section 3802(b).
      1011  Sec. 3804. Consultations and Assessment.
                (a) Notice and Consultation Before Negotiation

                The President, with respect to any agreement that is 
            subject to the provisions of section 3803(b), shall--
                            (1) provide, at least 90 calendar days 
                        before initiating negotiations, written notice 
                        to the Congress of the President's intention to 
                        enter into the negotiations and set forth 
                        therein the date the President intends to 
                        initiate such negotiations, the specific United 
                        States objec

[[Page 794]]

                        tives for the negotiations, and whether the 
                        President intends to seek an agreement, or 
                        changes to an existing agreement;
                            (2) before and after submission of the 
                        notice, consult regarding the negotiations with 
                        the Committee on Finance of the Senate and the 
                        Committee on Ways and Means of the House of 
                        Representatives, such other committees of the 
                        House and Senate as the President deems 
                        appropriate, and the Congressional Oversight 
                        group convened under section 3807; and
                            (3) upon the request of a majority of the 
                        members of the Congressional Oversight Group 
                        under section 3807(c), meet with the 
                        Congressional Oversight Group before initiating 
                        the negotiations or at any other time concerning 
                        the negotiations.
            (b) Negotiations Regarding Agriculture
                    (1) In general

                Before initiating or continuing negotiations the subject 
            matter of which is directly related to the subject matter 
            under section 3802(b)(10)(A)(i) with any country, the 
            President shall assess whether United States tariffs on 
            agricultural products that were bound under the Uruguay 
            Round Agreements are lower than the tariffs bound by that 
            country. In addition, the President shall consider whether 
            the tariff levels bound and applied throughout the world 
            with respect to imports from the United States are higher 
            than United States tariffs and whether the negotiation 
            provides an opportunity to address any such disparity. The 
            President shall consult with the Committee on Ways and Means 
            and the Committee on Agriculture of the House of 
            Representatives and the Committee on Finance and the 
            Committee on Agriculture, Nutrition, and Forestry of the 
            Senate concerning the results of the assessment, whether it 
            is appropriate for the United States to agree to further 
            tariff reductions based on the conclusions reached in the 
            assessment, and how all applicable negotiating objectives 
            will be met.

                    (2) Special consultations on import sensitive 
                            products

                (A) Before initiating negotiations with regard to 
            agriculture, and, with respect to the Free Trade Area for 
            the Americas and negotiations with regard to agriculture 
            under the auspices of the World Trade Organization, as soon 
            as practicable after the enactment of this Act, the United 
            States Trade Representative shall--
                            (i) identify those agricultural products 
                        subject to tariff-rate quotas on the date of 
                        enactment of this Act, and agricultural products 
                        subject to tariff reductions by the United 
                        States as a result of the Uruguay Round 
                        Agreements, for which the rate of duty was 
                        reduced on January 1, 1995, to a rate which was 
                        not less than 97.5 percent of the rate of duty 
                        that applied to such article on December 31, 
                        1994;
                            (ii) consult with the Committee on Ways and 
                        Means and the Committee on Agriculture of the 
                        House of Representatives and the Committee on 
                        Finance and the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate 
                        concerning--

                                (I) whether any further tariff 
                            reductions on the products identified under 
                            clause (i) should be appropriate, taking 
                            into account

[[Page 795]]

                            the impact of any such tariff reduction on 
                            the United States industry producing the 
                            product concerned;

                                (II) whether the products so identified 
                            face unjustified sanitary or phytosanitary 
                            restrictions, including those not based on 
                            scientific principles in contravention of 
                            the Uruguay Round Agreements; and

                                (III) whether the countries 
                            participating in the negotiations maintain 
                            export subsidies or other programs, 
                            policies, or practices that distort world 
                            trade in such products and the impact of 
                            such programs, policies, and practices on 
                            United States producers of the products;

                            (iii) request that the International Trade 
                        Commission prepare an assessment of the probable 
                        economic effects of any such tariff reduction on 
                        the United States industry producing the product 
                        concerned and on the United States economy as a 
                        whole; and
                            (iv) upon complying with clauses (i), (ii), 
                        and (iii), notify the Committee on Ways and 
                        Means and the Committee on Agriculture of the 
                        House of Representatives and the Committee on 
                        Finance and the Committee on Agriculture, 
                        Nutrition, and Forestry of the Senate of those 
                        products identified under clause (i) for which 
                        the Trade Representative intends to seek tariff 
                        liberalization in the negotiations and the 
                        reasons for seeking such tariff liberalization.
                (B) If, after negotiations described in subparagraph (A) 
            are commenced--
                            (i) the United States Trade Representative 
                        identifies any additional agricultural product 
                        described in subparagraph (A)(i) for tariff 
                        reductions which were not the subject of a 
                        notification under subparagraph (A)(iv), or
                            (ii) any additional agricultural product 
                        described in subparagraph (A)(i) is the subject 
                        of a request for tariff reductions by a party to 
                        the negotiations,

            the Trade Representative shall, as soon as practicable, 
            notify the committees referred to in subparagraph (A)(iv) of 
            those products and the reasons for seeking such tariff 
            reductions.

                    (3) Negotiations regarding the fishing industry
                Before initiating, or continuing, negotiations which 
            directly relate to fish or shellfish trade with any country, 
            the President shall consult with the Committee on Ways and 
            Means and the Committee on Resources of the House of 
            Representatives, and the Committee on Finance and the 
            Committee on Commerce, Science, and Transportation of the 
            Senate, and shall keep the Committees apprised of 
            negotiations on an ongoing and timely basis.
            (c) Negotiations Regarding Textiles
                Before initiating or continuing negotiations the subject 
            matter of which is directly related to textiles and apparel 
            products with any country, the President shall assess 
            whether United States tariffs on textile and apparel 
            products that were bound under the Uruguay Round Agreements 
            are lower than the tariffs bound by that country and whether 
            the negotiation provides an opportunity to address any such 
            disparity. The President shall consult with the Committee on 
            Ways and Means of the House of Representatives and the 
            Committee on Finance of the Senate concerning the results of 
            the assessment, whether it is appropriate for

[[Page 796]]

            the United States to agree to further tariff reductions 
            based on the conclusions reached in the assessment, and how 
            all applicable negotiating objectives will be met.
            (d) Consultation With Congress Before Agreements Entered 
                Into
                    (1) Consultation
                Before entering into any trade agreement under section 
            3803(b), the President shall consult with--
                            (A) the Committee on Ways and Means of the 
                        House of Representatives and the Committee on 
                        Finance of the Senate;
                            (B) each other committee of the House and 
                        the Senate, and each joint committee of the 
                        Congress, which has jurisdiction over 
                        legislation involving subject matters which 
                        would be affected by the trade agreement; and
                            (C) the Congressional Oversight Group 
                        convened under section 3807.
                    (2) Scope
                The consultation described in paragraph (1) shall 
            include consultation with respect to--
                            (A) the nature of the agreement;
                            (B) how and to what extent the agreement 
                        will achieve the applicable purposes, policies, 
                        priorities, and objectives of this title; and
                            (C) the implementation of the agreement 
                        under section 3805, including the general effect 
                        of the agreement on existing laws.
                    (3) Report regarding United States trade remedy laws
                            (A) Changes in certain trade laws.--The 
                        President, at least 180 calendar days before the 
                        day on which the President enters into a trade 
                        agreement under section 3803(b), shall report to 
                        the Committee on Ways and Means of the House of 
                        Representatives and the Committee on Finance of 
                        the Senate--

                                (i) the range of proposals advanced in 
                            the negotiations with respect to that 
                            agreement, that may be in the final 
                            agreement, and that could require amendments 
                            to title VII of the Tariff Act of 1930 or to 
                            chapter 1 of title II of the Trade Act of 
                            1974; and

                                (ii) how these proposals relate to the 
                            objectives described in section 3802(b)(14).

                            (B) Certain agreements.--With respect to a 
                        trade agreement entered into with Chile or 
                        Singapore, the report referred to in 
                        subparagraph (A) shall be submitted by the 
                        President at least 90 calendar days before the 
                        day on which the President enters into that 
                        agreement.
                            (C) Resolutions.--(i) At any time after the 
                        transmission of the report under subparagraph 
                        (A), if a resolution is introduced with respect 
                        to that report in either House of Congress, the 
                        procedures set forth in clauses (iii) through 
                        (vi) shall apply to that resolution if--

                                        (I) no other resolution with 
                                    respect to that report has 
                                    previously been reported in that 
                                    House of Congress by the Committee 
                                    on Ways and Means or the Committee 
                                    on Finance, as the case may be, 
                                    pursuant to those procedures; and

[[Page 797]]

                                        (II) no procedural disapproval 
                                    resolution under section 3805(b) 
                                    introduced with respect to a trade 
                                    agreement entered into pursuant to 
                                    the negotiations to which the report 
                                    under subparagraph (A) relates has 
                                    previously been reported in that 
                                    House of Congress by the Committee 
                                    on Ways and Means or the Committee 
                                    on Finance, as the case may be.

                                (ii) For purposes of this subparagraph, 
                            the term ``resolution'' means only a 
                            resolution of either House of Congress, the 
                            matter after the resolving clause of which 
                            is as follows: ``That the __ finds that the 
                            proposed changes to United States trade 
                            remedy laws contained in the report of the 
                            President transmitted to the Congress on __ 
                            under section 3804(d)(3) of the Bipartisan 
                            Trade Promotion Authority Act of 2002 with 
                            respect to __, are inconsistent with the 
                            negotiating objectives described in section 
                            3802(b)(14) of that Act.'', with the first 
                            blank space being filled with the name of 
                            the resolving House of Congress, the second 
                            blank space being filled with the 
                            appropriate date of the report, and the 
                            third blank space being filled with the name 
                            of the country or countries involved.

                                (iii) Resolutions in the House of 
                            Representatives--

                                        (I) may be introduced by any 
                                    Member of the House;

                                        (II) shall be referred to the 
                                    Committee on Ways and Means and, in 
                                    addition, to the Committee on Rules; 
                                    and

                                        (III) may not be amended by 
                                    either Committee.

                                (iv) Resolutions in the Senate--

                                        (I) may be introduced by any 
                                    Member of the Senate;

                                        (II) shall be referred to the 
                                    Committee on Finance; and

                                        (III) may not be amended.

                                (iv) It is not in order for the House of 
                            Representatives to consider any resolution 
                            that is not reported by the Committee on 
                            Ways and Means and, in addition, by the 
                            Committee on Rules.

                                (v) It is not in order for the Senate to 
                            consider any resolution that is not reported 
                            by the Committee on Finance.

                                (vi) The provisions of section 152(d) 
                            and (e) of the Trade Act of 1974 (19 U.S.C. 
                            2192(d) and (e)) (relating to floor 
                            consideration of certain resolutions in the 
                            House and Senate) shall apply to 
                            resolutions.

            (e) Advisory Committee Reports
                The report required under section 135(e)(1) of the Trade 
            Act of 1974 regarding any trade agreement entered into under 
            section 3803(a) or (b) of this Act shall be provided to the 
            President, the Congress, and the United States Trade 
            Representative not later than 30 days after the date on 
            which the President notifies the Congress under section 
            3803(a)(1) or 3805(a)(1)(A) of the President's intention to 
            enter into the agreement.
            (f) ITC Assessment
                    (1) In general
                The President, at least 90 calendar days before the day 
            on which the President enters into a trade agreement under 
            section 3803(b), shall provide the International Trade 
            Commission (referred to in this sub

[[Page 798]]

            section as ``the Commission'') with the details of the 
            agreement as it exists at that time and request the 
            Commission to prepare and submit an assessment of the 
            agreement as described in paragraph (2). Between the time 
            the President makes the request under this paragraph and the 
            time the Commission submits the assessment, the President 
            shall keep the Commission current with respect to the 
            details of the agreement.
                    (2) ITC assessment
                Not later than 90 calendar days after the President 
            enters into the agreement, the Commission shall submit to 
            the President and the Congress a report assessing the likely 
            impact of the agreement on the United States economy as a 
            whole and on specific industry sectors, including the impact 
            the agreement will have on the gross domestic product, 
            exports and imports, aggregate employment and employment 
            opportunities, the production, employment, and competitive 
            position of industries likely to be significantly affected 
            by the agreement, and the interests of United States 
            consumers.
                    (3) Review of empirical literature
                In preparing the assessment, the Commission shall review 
            available economic assessments regarding the agreement, 
            including literature regarding any substantially equivalent 
            proposed agreement, and shall provide in its assessment a 
            description of the analyses used and conclusions drawn in 
            such literature, and a discussion of areas of consensus and 
            divergence between the various analyses and conclusions, 
            including those of the Commission regarding the agreement.
      1012  Sec. 3805. Implementation of Trade Agreements.
            (a) In general
                    (1) Notification and submission
                Any agreement entered into under section 3803(b) shall 
            enter into force with respect to the United States if (and 
            only if)--
                            (A) the President, at least 90 calendar days 
                        before the day on which the President enters 
                        into the trade agreement, notifies the House of 
                        Representatives and the Senate of the 
                        President's intention to enter into the 
                        agreement, and promptly thereafter publishes 
                        notice of such intention in the Federal 
                        Register;
                            (B) within 60 days after entering into the 
                        agreement, the President submits to the Congress 
                        a description of those changes to existing laws 
                        that the President considers would be required 
                        in order to bring the United States into 
                        compliance with the agreement;
                            (C) after entering into the agreement, the 
                        President submits to the Congress, on a day on 
                        which both Houses of Congress are in session, a 
                        copy of the final legal text of the agreement, 
                        together with--

                                (i) a draft of an implementing bill 
                            described in section 3803(b)(3);

                                (ii) a statement of any administrative 
                            action proposed to implement the trade 
                            agreement; and

                                (iii) the supporting information 
                            described in paragraph (2); and

                            (D) the implementing bill is enacted into 
                        law.

[[Page 799]]

                    (2) Supporting information
                The supporting information required under paragraph 
            (1)(C)(iii) consists of--
                            (A) an explanation as to how the 
                        implementing bill and proposed administrative 
                        action will change or affect existing law; and
                            (B) a statement--

                                (i) asserting that the agreement makes 
                            progress in achieving the applicable 
                            purposes, policies, priorities, and 
                            objectives of this title; and

                                (ii) setting forth the reasons of the 
                            President regarding--

                                        (I) how and to what extent the 
                                    agreement makes progress in 
                                    achieving the applicable purposes, 
                                    policies, and objectives referred to 
                                    in clause (i);

                                        (II) whether and how the 
                                    agreement changes provisions of an 
                                    agreement previously negotiated;

                                        (III) how the agreement serves 
                                    the interests of United States 
                                    commerce;

                                        (IV) how the implementing bill 
                                    meets the standards set forth in 
                                    section 3803(b)(3); and

                                        (V) how and to what extent the 
                                    agreement makes progress in 
                                    achieving the applicable purposes, 
                                    policies, and objectives referred to 
                                    in section 3802(c) regarding the 
                                    promotion of certain priorities.

                    (3) Reciprocal benefits
                In order to ensure that a foreign country that is not a 
            party to a trade agreement entered into under section 
            3803(b) does not receive benefits under the agreement unless 
            the country is also subject to the obligations under the 
            agreement, the implementing bill submitted with respect to 
            the agreement shall provide that the benefits and 
            obligations under the agreement apply only to the parties to 
            the agreement, if such application is consistent with the 
            terms of the agreement. The implementing bill may also 
            provide that the benefits and obligations under the 
            agreement do not apply uniformly to all parties to the 
            agreement, if such application is consistent with the terms 
            of the agreement.
                    (4) Disclosure of commitments
                Any agreement or other understanding with a foreign 
            government or governments (whether oral or in writing) 
            that--
                            (A) relates to a trade agreement with 
                        respect to which the Congress enacts an 
                        implementing bill under trade authorities 
                        procedures, and
                            (B) is not disclosed to the Congress before 
                        an implementing bill with respect to that 
                        agreement is introduced in either House of 
                        Congress,

            shall not be considered to be part of the agreement approved 
            by the Congress and shall have no force and effect under 
            United States law or in any dispute settlement body.

            (b) Limitations on Trade Authorities Procedures
                    (1) For lack of notice or consultations
                            (A) In general.--The trade authorities 
                        procedures shall not apply to any implementing 
                        bill submitted with respect to a trade agree

[[Page 800]]

                        ment or trade agreements entered into under 
                        section 3803(b) if during the 60-day period 
                        beginning on the date that one House of Congress 
                        agrees to a procedural disapproval resolution 
                        for lack of notice or consultations with respect 
                        to such trade agreement or agreements, the other 
                        House separately agrees to a procedural 
                        disapproval resolution with respect to such 
                        trade agreement or agreements.
                            (B) Procedural disapproval resolution.--(i) 
                        For purposes of this paragraph, the term 
                        ``procedural disapproval resolution'' means a 
                        resolution of either House of Congress, the sole 
                        matter after the resolving clause of which is as 
                        follows: ``That the President has failed or 
                        refused to notify or consult in accordance with 
                        the Bipartisan Trade Promotion Authority Act of 
                        2002 on negotiations with respect to ______ and, 
                        therefore, the trade authorities procedures 
                        under that Act shall not apply to any 
                        implementing bill submitted with respect to such 
                        trade agreement or agreements.'', with the blank 
                        space being filled with a description of the 
                        trade agreement or agreements with respect to 
                        which the President is considered to have failed 
                        or refused to notify or consult.

                                (ii) For purposes of clause (i), the 
                            President has ``failed or refused to notify 
                            or consult in accordance with the Bipartisan 
                            Trade Promotion Authority Act of 2002'' on 
                            negotiations with respect to a trade 
                            agreement or trade agreements if--

                                        (I) the President has failed or 
                                    refused to consult (as the case may 
                                    be) in accordance with section 3804 
                                    or 3805 with respect to the 
                                    negotiations, agreement, or 
                                    agreements;

                                        (II) guidelines under section 
                                    3807(b) have not been developed or 
                                    met with respect to the 
                                    negotiations, agreement, or 
                                    agreements;

                                        (III) the President has not met 
                                    with the Congressional Oversight 
                                    Group pursuant to a request made 
                                    under section 3807(c) with respect 
                                    to the negotiations, agreement, or 
                                    agreements; or

                                        (IV) the agreement or agreements 
                                    fail to make progress in achieving 
                                    the purposes, policies, priorities, 
                                    and objectives of this title.

                    (2) Procedures for considering resolutions
                            (A) Procedural disapproval resolutions--

                                (i) in the House of Representatives--

                                        (I) may be introduced by any 
                                    Member of the House;

                                        (II) shall be referred to the 
                                    Committee on Ways and Means and, in 
                                    addition, to the Committee on Rules; 
                                    and

                                        (III) may not be amended by 
                                    either Committee; and

                                        (I) may be introduced by any 
                                    Member of the Senate;

                                        (II) shall be referred to the 
                                    Committee on Finance; and

                                        (III) may not be amended.

                            (B) The provisions of section 152(d) and (e) 
                        of the Trade Act of 1974 (19 U.S.C. 2192(d) and 
                        (e)) (relating to the floor consideration of 
                        certain resolutions in the House and Senate) 
                        apply to a procedural disapproval resolution 
                        introduced with respect to a trade agreement if 
                        no other procedural disapproval resolution with 
                        respect to that trade agreement has previously 
                        been reported in that House of Congress by the 
                        Committee on Ways and Means or the Committee

[[Page 801]]

                        on Finance, as the case may be, and if no 
                        resolution described in section 
                        3804(d)(3)(C)(ii) with respect to that trade 
                        agreement has been reported in that House of 
                        Congress by the Committee on Ways and Means or 
                        the Committee on Finance, as the case may be, 
                        pursuant to the procedures set forth in clauses 
                        (iii) through (vi) of such section 
                        3804(d)(3)(C).
                            (C) It is not in order for the House of 
                        Representatives to consider any procedural 
                        disapproval resolution not reported by the 
                        Committee on Ways and Means and, in addition, by 
                        the Committee on Rules.
                            (D) It is not in order for the Senate to 
                        consider any procedural disapproval resolution 
                        not reported by the Committee on Finance.
                    (3) For failure to meet other requirements
                Not later than December 31, 2002, the Secretary of 
            Commerce, in consultation with the Secretary of State, the 
            Secretary of the Treasury, the Attorney General, and the 
            United States Trade Representative, shall transmit to the 
            Congress a report setting forth the strategy of the 
            executive branch to address concerns of the Congress 
            regarding whether dispute settlement panels and the 
            Appellate Body of the WTO have added to obligations, or 
            diminished rights, of the United States, as described in 
            section 3801(b)(3). Trade authorities procedures shall not 
            apply to any implementing bill with respect to an agreement 
            negotiated under the auspices of the WTO unless the 
            Secretary of Commerce has issued such report in a timely 
            manner.
            (c) Rules of House of Representatives and Senate
                Subsection (b) of this section, section 3803(c), aand 
            section 3804(d)(3)(C) are enacted by the Congress--
                (1) as an exercise of the rulemaking power of the House 
            of Representatives and the Senate, respectively, and as such 
            are deemed a part of the rules of each House, respectively, 
            and such procedures supersede other rules only to the extent 
            that they are inconsistent with such other rules; and
                (2) with the full recognition of the constitutional 
            right of either House to change the rules (so far as 
            relating to the procedures of that House) at any time, in 
            the same manner, and to the same extent as any other rule of 
            that House.
      1013  Sec. 3806. Treatment of Certain Trade Agreements for Which 
                Negotiations Have Already Begun.
            (a) Certain Agreements
                Notwithstanding the prenegotiation notification and 
            consultation requirement described in section 3804(a), if an 
            agreement to which section 3803(b) applies--
                            (1) is entered into under the auspices of 
                        the World Trade Organization,
                            (2) is entered into with Chile,
                            (3) is entered into with Singapore, or
                            (4) establishes a Free Trade Area for the 
                        Americas,

            and results from negotiations that were commenced before the 
            date of the enactment of this Act, subsection (b) shall 
            apply.

            (b) Treatment of Agreements
                In the case of any agreement to which subsection (a) 
            applies--

[[Page 802]]

                            (1) the applicability of the trade 
                        authorities procedures to implementing bills 
                        shall be determined without regard to the 
                        requirements of section 3804(a) (relating only 
                        to 90 days notice prior to initiating 
                        negotiations), and any procedural disapproval 
                        resolution under section 3805(b)(1)(B) shall not 
                        be in order on the basis of a failure or refusal 
                        to comply with the provisions of section 
                        3804(a); and
                            (2) the President shall, as soon as feasible 
                        after the enactment of this Act--

                                (A) notify the Congress of the 
                            negotiations described in subsection (a), 
                            the specific United States objectives in the 
                            negotiations, and whether the President is 
                            seeking a new agreement or changes to an 
                            existing agreement; and

                                (B) before and after submission of the 
                            notice, consult regarding the negotiations 
                            with the committees referred to in section 
                            3804(a)(2) and the Congressional Oversight 
                            Group convened under section 3807.

      1014  Sec. 3807. Congressional Oversight Group.
            (a) Members and Functions
                    (1) In general
                By not later than 60 days after the date of the 
            enactment of this Act, and not later than 30 days after the 
            convening of each Congress, the chairman of the Committee on 
            Ways and Means of the House of Representatives and the 
            chairman of the Committee on Finance of the Senate shall 
            convene the Congressional Oversight Group.
                    (2) Membership from the House
                In each Congress, the Congressional Oversight Group 
            shall be comprised of the following Members of the House of 
            Representatives:
                            (A) The chairman and ranking member of the 
                        Committee on Ways and Means, and 3 additional 
                        members of such Committee (not more than 2 of 
                        whom are members of the same political party).
                            (B) The chairman and ranking member, or 
                        their designees, of the committees of the House 
                        of Representatives which would have, under the 
                        Rules of the House of Representatives, 
                        jurisdiction over provisions of law affected by 
                        a trade agreement negotiations for which are 
                        conducted at any time during that Congress and 
                        to which this title would apply.
                    (3) Membership from the Senate
                In each Congress, the Congressional Oversight Group 
            shall also be comprised of the following members of the 
            Senate:
                            (A) The chairman and ranking member of the 
                        Committee on Finance and 3 additional members of 
                        such Committee (not more than 2 of whom are 
                        members of the same political party).
                            (B) The chairman and ranking member, or 
                        their designees, of the committees of the Senate 
                        which would have, under the Rules of the Senate, 
                        jurisdiction over provisions of law affected by 
                        a trade agreement negotiations for which are 
                        conducted at any time during that Congress and 
                        to which this title would apply.

[[Page 803]]

                    (4) Accreditation
                Each member of the Congressional Oversight Group 
            described in paragraph (2)(A) and (3)(A) shall be accredited 
            by the United States Trade Representative on behalf of the 
            President as an official adviser to the United States 
            delegation in negotiations for any trade agreement to which 
            this title applies. Each member of the Congressional 
            Oversight Group described in paragraph (2)(B) and (3)(B) 
            shall be accredited by the United States Trade 
            Representative on behalf of the President as an official 
            adviser to the United States delegation in the negotiations 
            by reason of which the member is in the Congressional 
            Oversight Group. The Congressional Oversight Group shall 
            consult with and provide advice to the Trade Representative 
            regarding the formulation of specific objectives, 
            negotiating strategies and positions, the development of the 
            applicable trade agreement, and compliance and enforcement 
            of the negotiated commitments under the trade agreement.
                    (5) Chair
                The Congressional Oversight Group shall be chaired by 
            the Chairman of the Committee on Ways and Means of the House 
            of Representatives and the Chairman of the Committee on 
            Finance of the Senate.
            (b) Guidelines
                    (1) Purpose and revision
                The United States Trade Representative, in consultation 
            with the chairmen and ranking minority members of the 
            Committee on Ways and Means of the House of Representatives 
            and the Committee on Finance of the Senate--
                            (A) shall, within 120 days after the date of 
                        the enactment of this Act, develop written 
                        guidelines to facilitate the useful and timely 
                        exchange of information between the Trade 
                        Representative and the Congressional Oversight 
                        Group convened under this section; and
                            (B) may make such revisions to the 
                        guidelines as may be necessary from time to 
                        time.
                    (2) Content
                The guidelines developed under paragraph (1) shall 
            provide for, among other things--
                            (A) regular, detailed briefings of the 
                        Congressional Oversight Group regarding 
                        negotiating objectives, including the promotion 
                        of certain priorities referred to in section 
                        3802(c), and positions and the status of the 
                        applicable negotiations, beginning as soon as 
                        practicable after the Congressional Oversight 
                        Group is convened, with more frequent briefings 
                        as trade negotiations enter the final stage;
                            (B) access by members of the Congressional 
                        Oversight Group, and staff with proper security 
                        clearances, to pertinent documents relating to 
                        the negotiations, including classified 
                        materials;
                            (C) the closest practicable coordination 
                        between the Trade Representative and the 
                        Congressional Oversight Group at all critical 
                        periods during the negotiations, including at 
                        negotiation sites;
                            (D) after the applicable trade agreement is 
                        concluded, consultation regarding ongoing 
                        compliance and enforcement of negotiated 
                        commitments under the trade agreement; and

[[Page 804]]

                            (E) the time frame for submitting the report 
                        required under section 3802(c)(8).
            (c) Request for Meeting
                Upon the request of a majority of the Congressional 
            Oversight Group, the President shall meet with the 
            Congressional Oversight Group before initiating negotiations 
            with respect to a trade agreement, or at any other time 
            concerning the negotiations.
      1015  Sec. 3808. Additional Implementation and Enforcement 
                Requirements.
            (a) In general
                At the time the President submits to the Congress the 
            final text of an agreement pursuant to section 
            3805(a)(1)(C), the President shall also submit a plan for 
            implementing and enforcing the agreement. The implementation 
            and enforcement plan shall include the following:
                    (1) Border personnel requirements
                A description of additional personnel required at border 
            entry points, including a list of additional customs and 
            agricultural inspectors.
                    (2) Agency staffing requirements
                A description of additional personnel required by 
            Federal agencies responsible for monitoring and implementing 
            the trade agreement, including personnel required by the 
            Office of the United States Trade Representative, the 
            Department of Commerce, the Department of Agriculture 
            (including additional personnel required to implement 
            sanitary and phytosanitary measures in order to obtain 
            market access for United States exports), the Department of 
            the Treasury, and such other agencies as may be necessary.
                    (3) Customs infrastructure requirements
                A description of the additional equipment and facilities 
            needed by the United States Customs Service.
                    (4) Impact on State and local governments
                A description of the impact the trade agreement will 
            have on State and local governments as a result of increases 
            in trade.
                    (5) Cost analysis
                An analysis of the costs associated with each of the 
            items listed in paragraphs (1) through (4).
            (b) Budget Submission
                The President shall include a request for the resources 
            necessary to support the plan described in subsection (a) in 
            the first budget that the President submits to the Congress 
            after the submission of the plan.

                                    * * * * * * *

      1016  Sec. 3811. Report on Impact of Trade Promotion Authority.
            (a) In general
                Not later than 1 year after the date of enactment of 
            this Act, the International Trade Commission shall report to 
            the Committee on Finance of the Senate and the Committee on 
            Ways and Means of the

[[Page 805]]

            House of Representatives regarding the economic impact on 
            the United States of the trade agreements described in 
            subsection (b).
            (b) Agreements
                The trade agreements described in this subsection are 
            the following:

                                (1) The United States-Israel Free Trade 
                            Agreement.

                                (2) The United States-Canada Free Trade 
                            Agreement.

                                (3) The North American Free Trade 
                            Agreement.

                                (4) The Uruguay Round Agreements.

                                (5) The Tokyo Round of Multilateral 
                            Trade Negotiations.

                                    * * * * * * *


[[Page 806]]

 
                                TITLE 20.--EDUCATION

            
                         Chapter 3.--SMITHSONIAN INSTITUTION

      1020  Sec. 42. Board of Regents; members.
            (a) Composition
                The business of the Institution shall be conducted at 
            the city of Washington by a Board of Regents, named the 
            Regents of the Smithsonian Institution, to be composed of 
            the Vice President, the Chief Justice of the United States, 
            three Members of the Senate, three Members of the House of 
            Representatives, and nine other persons, other than Members 
            of Congress, two of whom shall be resident in the city of 
            Washington, and seven of whom shall be inhabitants of some 
            State, but no two of them of the same State.
            (b) Modification of number, appointment or tenure of 
                members; exceptions
                Notwithstanding any other provision of law, the Board of 
            Regents of the Smithsonian Institution may modify the number 
            of members, manner of appointment of members, or tenure of 
            members, of the boards or commissions under the jurisdiction 
            of the Smithsonian Institution, other than--
                            (1) the Board of Regents of the Smithsonian 
                        Institution; and
                            (2) the boards or commissions of the 
                        National Gallery of Art, the John F. Kennedy 
                        Center for the Performing Arts, and the Woodrow 
                        Wilson International Center for Scholars.

            (As amended Oct. 21, 1998, Pub. L. 105-277, Div. A, 
            Sec. 101(e) [Title III, Sec. 355], 112 Stat. 2681-231, 2681-
            303.)

      1021  Sec. 43. Appointment of regents; terms of office; vacancies.
                The regents to be selected shall be appointed as 
            follows: The Members of the Senate by the President thereof; 
            the Members of the House by the Speaker thereof; and the 
            nine other persons by joint resolution of the Congress. The 
            Members of the House so appointed shall serve for the term 
            of two years; and on every alternate fourth Wednesday of 
            December a like number shall be appointed in the same 
            manner, to serve until the fourth Wednesday in December, in 
            the second year succeeding their appointment. The Senators 
            so appointed shall serve during the term for which they 
            shall hold, without reelection, their office as Senators. 
            Vacancies, occasioned by death, resignation, or otherwise, 
            shall be filled as vacancies in committees are filled. The 
            regular term of service for the other nine members shall be 
            six years; and new elections thereof shall be made by joint 
            resolutions of Congress. Vacancies occasioned by death, 
            resignation, or otherwise may be filled in like manner by 
            joint resolution of Congress. (R.S. Sec. 5581; Dec. 15, 
            1970, Pub. L. 91-551, 84 Stat. 1440.)
                    22 u.s.c.--foreign relations and intercourse

                  general and permanent laws relating to the senate


[[Page 807]]


 
                    TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE

            
                 Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.

                                    * * * * * * *

      1025  Sec. 276c-1. Reports of expenditures by members of American 
                groups or delegations and employees; consolidated 
                reports by Congressional committees; public inspection.
                Each chairman or senior member of the House of 
            Representatives and Senate group or delegation of the United 
            States group or delegation to the Interparliamentary Union, 
            the NATO Parliamentary Assembly, the Canada-United States 
            Interparliamentary Group, the Mexico-United States 
            Interparliamentary Group, or any similar interparliamentary 
            group of which the United States is a member or 
            participates, by whom or on whose behalf local currencies 
            owned by the United States are made available and expended 
            and/or expenditures are made from funds appropriated for the 
            expenses of such group or delegation, shall file with the 
            chairman of the Committee on Foreign Relations of the Senate 
            in the case of the group or delegation of the Senate, or 
            with the chairman of the Committee on Foreign Affairs of the 
            House of Representatives in the case of the group or 
            delegation of the House, an itemized report showing all such 
            expenditures made by or on behalf of each Member or employee 
            of the group or delegation together with the purposes of the 
            expenditure, including per diem (lodging and meals), 
            transportation, and other purposes. Within sixty days after 
            the beginning of each regular session of Congress, the 
            chairman of the Committee on Foreign Relations and the 
            chairman of the Committee on Foreign Affairs shall prepare 
            consolidated reports showing with respect to each such group 
            or delegation the total amount expended, the purposes of the 
            expenditures, the amount expended for each such purpose, the 
            names of the Members or employees by or on behalf of whom 
            the expenditures were made and the amount expended by or on 
            behalf of each Member or employee for each such purpose. The 
            consolidated reports prepared by the chairman of the 
            Committee on Foreign Relations of the Senate shall be filed 
            with the Secretary of the Senate, and the consolidated 
            reports prepared by the chairman of the Committee on Foreign 
            Affairs of the House shall be filed with the Clerk of the 
            House and shall be open to public inspection. (As amended 
            Pub. L. 103-437, Sec. 9(a)(2), Nov. 2, 1994, 108 Stat. 4588; 
            Pub. L. 104-186, Title II, Sec. 218(1), Aug. 20, 1996, 110 
            Stat. 1747; Pub. L. 106-113, Div. B, Sec. 1000(a)(7). [Div. 
            A, Title VII, Sec. 701(b)(2)], Nov. 29, 1999, 113 Stat. 
            1536, 1501A-459).

                    canada-united states interparliamentary group

  

      1026  Sec. 276d. United States group; appointment; term; meetings.
                Not to exceed twenty-four Members of Congress shall be 
            appointed to meet jointly and at least annually and when 
            Congress is not in session (except that this restriction 
            shall not apply during the first

[[Page 808]]

            session of the Eighty-sixth Congress or to meetings held in 
            the United States) with representatives of the House of 
            Commons and Senate of the Canadian Parliament for discussion 
            of common problems in the interests of relations between the 
            United States and Canada. Of the Members of the Congress to 
            be appointed for the purposes of this section (hereinafter 
            designated as the United States group) half shall be 
            appointed by the Speaker of the House from Members of the 
            House (not less than four of whom shall be from the Foreign 
            Affairs Committee), and half shall be appointed by the 
            President of the Senate upon recommendations of the majority 
            and minority leaders of the Senate from Members of the 
            Senate (not less than four of whom shall be from the Foreign 
            Relations Committee).
                Such appointments shall be for the period of each 
            meeting of the Canada-United States Interparliamentary group 
            except for the four members of the Foreign Affairs Committee 
            and the four members of the Foreign Relations Committee, 
            whose appointments shall be for the duration of each 
            Congress.
                The Chairman or Vice Chairman of the House delegation 
            shall be a Member from the Foreign Affairs Committee, and, 
            unless the President of the Senate, upon the recommendation 
            of the Majority Leader, determines otherwise, the Chairman 
            or Vice Chairman of the Senate delegation shall be a Member 
            from the Foreign Relations Committee. (Pub. L. 86-42, 
            Sec. 1, June 11, 1959, 73 Stat. 72; Pub. L. 95-45, 
            Sec. 4(a), June 15, 1977, 91 Stat. 222; Pub. L. 103-437, 
            Sec. 9(a)(3), Nov. 2, 1994, 108 Stat. 4588.)

      1027  Sec. 276e. Authorization of appropriations; disbursements.
                An appropriation of $150,000 annually is authorized, 
            $75,000 of which shall be for the House delegation and 
            $75,000 for the Senate delegation, or so much thereof as may 
            be necessary, to assist in meeting the expenses of the 
            United States group of the Canada-United States 
            Interparliamentary group for each fiscal year for which an 
            appropriation is made, the House and Senate portions of such 
            appropriation to be disbursed on vouchers to be approved by 
            the Chairman of the House delegation and the Chairman of the 
            Senate delegation, respectively. (Pub. L. 86-42, Sec. 2, 
            June 11, 1959, 73 Stat. 72; Pub. L. 94-350, Title I, 
            Sec. 118(a), July 12, 1976, 90 Stat. 827; Pub. L. 103-236, 
            Title V, Sec. 502(a)(2), Apr. 30, 1994, 108 Stat. 462; Pub. 
            L. 107-77, Title IV, Sec. 408(b)(3), Nov. 28, 2001, 115 
            Stat. 791).
                    mexico-united states interparliamentary group

  

      1028  Sec. 276h. United States group; appointment; term; meetings.
                Not to exceed twenty-four Members of Congress shall be 
            appointed to meet jointly and at least annually with 
            representatives of the Chamber of Deputies and Chamber of 
            Senators of the Mexican Congress for discussion of common 
            problems in the interests of relations between the United 
            States and Mexico. Of the Members of the Congress to be 
            appointed for the purposes of this section (hereinafter 
            designated as the United States group) half shall be 
            appointed by the Speaker of the House from Members of the 
            House (not less than four of whom shall be from the Foreign 
            Affairs Committee), and half shall be appointed by the 
            President of the Senate upon recommendations of the majority 
            and minority leaders of the Senate from Members of the 
            Senate

[[Page 809]]

            (not less than four of whom shall be from the Foreign 
            Relations Committee). Such appointments shall be for the 
            period of each meeting of the Mexico-United States 
            Interparliamentary group except for the four members of the 
            Foreign Affairs Committee, and the four members of the 
            Foreign Relations Committee, whose appointments shall be for 
            the duration of each Congress.
                The Chairman or Vice Chairman of the House delegation 
            shall be a Member from the Foreign Affairs Committee, and, 
            unless the President of the Senate, upon the recommendation 
            of the Majority Leader, determines otherwise, the Chairman 
            or Vice Chairman of the Senate delegation shall be a Member 
            from the Foreign Relations Committee. (Pub. L. 86-420, 
            Sec. 1, Apr. 9, 1960, 74 Stat. 40; Pub. L. 95-45, Sec. 4(b), 
            June 15, 1977, 91 Stat. 222; Pub. L. 103-437, Sec. 9(a)(4), 
            Nov. 2, 1994, 108 Stat. 4585.)

      1029  Sec. 276i. Authorization of appropriations; disbursements.
                An appropriation of $120,000 annually is authorized, 
            $60,000 of which shall be for the House delegation and 
            $60,000 for the Senate delegation, or so much thereof as may 
            be necessary, to assist in meeting the expenses of the 
            United States group of the Mexico-United States 
            Interparliamentary group for each fiscal year for which an 
            appropriation is made, the House and Senate portions of such 
            appropriation to be disbursed on vouchers to be approved by 
            the Chairman of the House delegation and the Chairman of the 
            Senate delegation, respectively. (As amended Pub. L. 101-
            515, Title III, Sec. 304(c), Nov. 5, 1990, 104 Stat. 2129; 
            Pub. L. 103-236, Title V, Sec. 502(a)(1), Apr. 30, 1994, 108 
            Stat. 461; Pub. L. 107-77, Title IV, Sec. 408(b)(2), Nov. 
            28, 2001, 115 Stat. 790).
      1030  Sec. 276l. British-American Interparliamentary Group.
            (a) Establishment and meetings
                Not to exceed 24 Members of Congress shall be appointed 
            to meet annually and when the Congress is not in session 
            (except that this restriction shall not apply to meetings 
            held in the United States), with representatives of the 
            House of Commons and the House of Lords of the Parliament of 
            Great Britain for discussion of common problems in the 
            interest of relations between the United States and Great 
            Britain. The Members of Congress so appointed shall be 
            referred to as the ``United States group'' of the United 
            States Interparliamentary Group.
            (b) Appointment of members
                Of the Members of Congress appointed for purposes of 
            this section--
                            (1) half shall be appointed by the Speaker 
                        of the House of Representatives from among 
                        Members of the House (not less than 4 of whom 
                        shall be members of the Committee on Foreign 
                        Affairs), and
                            (2) half shall be appointed by the President 
                        pro tempore of the Senate, upon recommendations 
                        of the majority and minority leaders of the 
                        Senate, from among Members of the Senate (not 
                        less than 4 of whom shall be members of the 
                        Committee on Foreign Relations) unless the 
                        majority and minority leaders of the Senate 
                        determine otherwise.

[[Page 810]]

            (c) Chair and Vice Chair
                (1) The Chair or Vice Chair of the House delegation of 
            the United States group shall be a member from the Committee 
            on Foreign Affairs.
                (2) The President pro tempore of the Senate shall 
            designate the Chair or Vice Chair of the Senate delegation.
            (d) Funding
                There is authorized to be appropriated $50,000 for each 
            fiscal year to assist in meeting the expenses of the United 
            States group for each fiscal year for which an appropriation 
            is made, half of which shall be for the House delegation and 
            half of which shall be for the Senate delegation. The House 
            and Senate portions of such appropriations shall be 
            disbursed on vouchers to be approved by the Chair of the 
            House delegation and the Chair of the Senate delegation, 
            respectively.
            (e) Certification of expenditures
                The certificate of the Chair of the House delegation or 
            the Senate delegation of the United States group shall be 
            final and conclusive upon the accounting officers in the 
            auditing of the accounts of the United States group.
            (f) Annual report
                The United States group shall submit to the Congress a 
            report for each fiscal year for which an appropriation is 
            made for the United States group, which shall include its 
            expenditures under such appropriation.
            (g) [Omitted.] (Pub. L. 102-138, Title I, Sec. 168, Oct. 28, 
                1991, 105 Stat. 676.)

  

      1031  Sec. 276m. United States Delegation to the Parliamentary 
                Assembly of the Conference on Security and Cooperation 
                in Europe (CSCE).
            (a) Establishment
                In accordance with the allocation of seats to the United 
            States in the Parliamentary Assembly of the Conference on 
            Security and Cooperation in Europe (hereinafter referred to 
            as the ``CSCE Assembly'') not to exceed 17 Members of 
            Congress shall be appointed to meet jointly and annually 
            with representative parliamentary groups from other 
            Conference on Security and Cooperation in Europe (CSCE) 
            member-nations for the purposes of--
                            (1) assessing the implementation of the 
                        objectives of the CSCE;
                            (2) discussing subjects addressed during the 
                        meetings of the Council of Ministers for Foreign 
                        Affairs and the biennial Summit of Heads of 
                        State or Government;
                            (3) initiating and promoting such national 
                        and multilateral measures as may further 
                        cooperation and security in Europe.
            (b) Appointment of Delegation
                For each meeting of the CSCE Assembly, there shall be 
            appointed a United States Delegation, as follows:
                            (1) In 1992 and every even-numbered year 
                        thereafter, 9 Members shall be appointed by the 
                        Speaker of the House from Members of the House 
                        (not less than 4 of whom, including the Chairman 
                        of the United States Delegation, shall be from 
                        the Committee on

[[Page 811]]

                        Foreign Affairs); and 8 Members shall, upon 
                        recommendations of the Majority and Minority 
                        leaders of the Senate, be appointed by the 
                        President pro tempore of the Senate from Members 
                        of the Senate (not less than 4 of whom, 
                        including the Vice Chairman of the United States 
                        Delegation, shall be from the Committee on 
                        Foreign Relations, unless the President pro 
                        tempore of the Senate, upon recommendations of 
                        the Majority and Minority leaders of the Senate, 
                        determines otherwise).
                            (2) In every odd-numbered year beginning in 
                        1993, 9 Members shall, upon recommendation of 
                        the Majority and Minority Leaders of the Senate, 
                        be appointed by the President pro tempore of the 
                        Senate from Members of the Senate (not less than 
                        4 of whom, including the Chairman of the United 
                        States Delegation, shall be from the Committee 
                        on Foreign Relations, unless the President pro 
                        tempore of the Senate, upon recommendations of 
                        the Majority and Minority leaders of the Senate, 
                        determines otherwise); and 8 Members shall be 
                        appointed by the Speaker of the House from 
                        Members of the House (not less than 4 of whom, 
                        including the Vice Chairman, shall be from the 
                        Committee on Foreign Affairs).
            (c) Administrative support
                For the purpose of providing general staff support and 
            continuity between successive delegations, each United 
            States Delegation shall have 2 secretaries (one of whom 
            shall be appointed by the Chairman of the Committee on 
            Foreign Affairs of the House of Representatives and one of 
            whom shall be appointed by the Chairman of the Delegation of 
            the Senate).
            (d) Funding
                    (1) United States participation
                            There is authorized to be appropriated for 
                        each fiscal year $80,000 to assist in meeting 
                        the expenses of the United States delegation. 
                        For each fiscal year for which an appropriation 
                        is made under this subsection, half of such 
                        appropriation may be disbursed on voucher to be 
                        approved by the Chairman and half of such 
                        appropriation may be disbursed on voucher to be 
                        approved by the Vice Chairman.
                    (2) Availability of appropriations
                            Amounts appropriated pursuant to this 
                        subsection are authorized to be available until 
                        expended.
            (e) Annual report
                The United States Delegation shall, for each fiscal year 
            for which an appropriation is made, submit to the Congress a 
            report including its expenditures under such appropriation. 
            The certificate of the Chairman and Vice Chairman of the 
            United States Delegation shall be final and conclusive upon 
            the accounting officers in the auditing of the accounts of 
            the United States Delegation. (Pub. L. 102-138, Title I, 
            Sec. 169, Oct. 28, 1991, 105 Stat. 677.)
            Note
                There are authorized to be appropriated for each fiscal 
            year $50,000 for expenses of United States participation in 
            the United States-European Community Interparliamentary 
            Group. (November 22, 1983, Public Law 98-164, Sec. 109(c), 
            as amend

[[Page 812]]

            ed September 19, 1986, Public Law 99-415, Sec. 7(b), and 
            October 1, 1988, Public Law 100-459, Sec. 303(c)).

            
                        Chapter 24.--MUTUAL SECURITY PROGRAM

      1032  Sec. 1754. Foreign currencies.

                                    * * * * * * *

            (b) Availability to Members and employees of Congress; 
                authorization requirements; reports
                (1)(A) Notwithstanding section 1306 of title 31, or any 
            other provision of law--
                            (i) local currencies owned by the United 
                        States, which are in excess of the amounts 
                        reserved under section 2362(a) of this title, 
                        and of the requirements of the United States 
                        Government in payment of its obligations outside 
                        the United States, as such requirements may be 
                        determined from time to time by the President; 
                        and
                            (ii) any other local currencies owned by the 
                        United States in amounts not to exceed the 
                        equivalent of $75 per day per person or the 
                        maximum per diem allowance established under the 
                        authority of subchapter I of chapter 57 of Title 
                        5 for employees of the United States Government 
                        while traveling in a foreign country, whichever 
                        is greater, exclusive of the actual cost of 
                        transportation;

            shall be made available to Members and employees of the 
            Congress for their local currency expenses when authorized 
            as provided in subparagraph (B).

                (B) The authorization required for purposes of 
            subparagraph (A) may be provided--
                            (i) by the Speaker of the House of 
                        Representatives in the case of a Member or 
                        employee of the House;
                            (ii) by the chairman of a standing or select 
                        committee of the House of Representatives in the 
                        case of a member or employee of that committee;
                            (iii) by the President of the Senate, the 
                        President pro tempore of the Senate, the 
                        Majority Leader of the Senate, or the Minority 
                        Leader of the Senate, in the case of a Member or 
                        employee of the Senate;
                            (iv) by the chairman of a standing, select, 
                        or special committee of the Senate in the case 
                        of a member or employee of that committee or of 
                        an employee of a member of that committee; and
                            (v) by the chairman of a joint committee of 
                        the Congress in the case of a member or employee 
                        of that committee.
                (C) Whenever local currencies owned by the United States 
            are not otherwise available for purposes of this subsection, 
            the Secretary of the Treasury shall purchase such local 
            currencies as may be necessary for such purposes, using any 
            funds in the Treasury not otherwise appropriated.
                (2) On a quarterly basis, the chairman of each committee 
            of the House of Representatives or the Senate and of each 
            joint committee of the Congress (A) shall prepare a 
            consolidated report (i) which itemizes the amounts and 
            dollar equivalent values of each foreign currency expended 
            and the amounts of dollar expenditures from appropriated 
            funds in connection with travel outside the United States, 
            stating the purposes of the expenditures including per diem 
            (lodging and meals), transportation,

[[Page 813]]

            and other purposes, and (ii) which shows the total itemized 
            expenditures, by such committee and by each member or 
            employee of such committee (including in the case of a 
            committee of the Senate, each employee of a member of the 
            committee who received an authorization under paragraph (1) 
            from the chairman of the committee); and (B) shall forward 
            such consolidated report to the Clerk of the House of 
            Representatives (if the committee is a committee of the 
            House of Representatives or a joint committee whose funds 
            are disbursed by the Chief Administrative Officer of the 
            House) or to the Secretary of the Senate (if the committee 
            is a committee of the Senate or a joint committee whose 
            funds are disbursed by the Secretary of the Senate). Each 
            such consolidated report shall be open to public inspection 
            and shall be published in the Congressional Record within 
            ten legislative days after the report is forwarded pursuant 
            to this paragraph. In the case of the Select Committee on 
            Intelligence of the Senate and the Permanent Select 
            Committee on Intelligence of the House of Representatives, 
            such consolidated report may, in the discretion of the 
            chairman of the committee, omit such information as would 
            identify the foreign countries in which members and 
            employees of that committee traveled.
                (3)(A) Each Member or employee who receives an 
            authorization under paragraph (1) from the Speaker of the 
            House of Representatives, the President of the Senate, the 
            President pro tempore of the Senate, the Majority Leader of 
            the Senate, or the Minority Leader of the Senate, shall 
            within thirty days after the completion of the travel 
            involved, submit a report setting forth the information 
            specified in paragraph (2), to the extent applicable, to the 
            Clerk of the House of Representatives (in the case of a 
            Member of the House or an employee whose salary is disbursed 
            by the Chief Administrative Officer of the House) or the 
            Secretary of the Senate (in the case of a Member of the 
            Senate or an employee whose salary is disbursed by the 
            Secretary of the Senate). In the case of an authorization 
            for a group of Members or employees, such reports shall be 
            submitted for all Members of the group by its chairman, or 
            if there is no designated chairman, by the ranking Member or 
            if the group does not include a Member, by the senior 
            employee in the group. Each report submitted pursuant to 
            this subparagraph shall be open to public inspection.
                (B) On a quarterly basis, the Clerk of the House of 
            Representatives and the Secretary of the Senate shall each 
            prepare a consolidation of the reports received by them 
            under this paragraph with respect to expenditures during the 
            preceding quarter by each Member and employee or by each 
            group in the case of expenditures made on behalf of a group 
            which are not allocable to individual members of the group. 
            Each such consolidation shall be open to public inspection 
            and shall be published in the Congressional Record within 
            ten legislative days after its completion. (Aug. 26, 1954, 
            ch. 937, Title V, Sec. 502, 68 Stat. 849, amended Sept. 3, 
            1954, ch. 1262, Sec. 104, 68 Stat. 1223; July 8, 1955, ch. 
            301, Sec. 9(a), 69 Stat. 288; July 18, 1956, ch. 627, 
            Sec. 9(b), 70 Stat. 560; June 30, 1958, Sec. 401(a), 72 
            Stat. 268; August 27, 1958, Pub. L. 85-766, ch. X, 
            Sec. 1001, 72 Stat. 880; May 14, 1960, Pub. L. 86-472, 
            Sec. 401(a), 74 Stat. 138; July 12, 1960, Pub. L. 86-628, 
            Sec. 105(a), 74 Stat. 460; Sept. 4, 1961, Pub. L. 87-195, 
            Pt. III, Sec. 642(a)(2), 75 Stat. 460; Oct. 7, 1964, Pub. L. 
            88-633, 78 Stat. 1015; Oct. 18, 1973, Pub. L. 93-126, 
            Sec. 5, 87 Stat. 452; Aug. 13, 1974, Pub. L. 93-371, 
            Sec. 107, 88 Stat. 444; July

[[Page 814]]

            25, 1975, Pub. L. 94-59, Title XI, Sec. 1105, 89 Stat. 299; 
            Dec. 18, 1975, Pub. L. 94-157, Title I, ch. IV, 89 Stat. 
            837; July 12, 1976, Pub. L. 94-350, Title IV, Sec. 402, 90 
            Stat. 833; Oct. 1, 1976, Pub. L. 94-440, Title I, Sec. 109, 
            90 Stat. 1445; Sept. 26, 1978, Pub. L. 95-384, Sec. 22(a), 
            92 Stat. 742; Aug. 20, 1996, Pub. L. 104-186, Title II, 
            Sec. 218(2), 110 Stat. 1747.)
      1033  Sec. 1928a. North Atlantic Treaty Parliamentary Conference; 
                participation; appointment of United States Group.
                Not to exceed twenty-four Members of Congress shall be 
            appointed to meet jointly and annually with representative 
            parliamentary groups from other NATO (North Atlantic Treaty 
            Organization) members, for discussion of common problems in 
            the interests of the maintenance of peace and security in 
            the North Atlantic area. Of the Members of the Congress to 
            be appointed for the purposes of this resolution 
            (hereinafter designated as the ``United States Group''), 
            half shall be appointed by the Speaker of the House from 
            Members of the House (not less than four of whom shall be 
            from the Committee on Foreign Affairs), and half shall be 
            appointed by the President of the Senate upon 
            recommendations of the majority and minority leaders of the 
            Senate from Members of the Senate. Not more than seven of 
            the appointees from the Senate shall be of the same 
            political party. The Chairman or Vice Chairman of the House 
            delegation shall be a Member from the Foreign Affairs 
            Committee, and, unless the President of the Senate, upon the 
            recommendation of the Majority Leader, determines otherwise, 
            the Chairman or Vice Chairman of the Senate delegation shall 
            be a Member from the Foreign Relations Committee. Each 
            delegation shall have a secretary. The secretaries of the 
            Senate and House delegations shall be appointed, 
            respectively, by the chairman of the Committee on Foreign 
            Relations of the Senate and the chairman of the Committee on 
            Foreign Affairs of the House of Representatives. (July 11, 
            1956, ch. 562, Sec. 1, 70 Stat. 523; Dec. 16, 1963, Pub. L. 
            88-205, Pt. IV, Sec. 406, 77 Stat. 392; Pub. L. 95-45 
            Sec. 4(c), June 15, 1977, 91 Stat. 222; H. Res. 89, February 
            5, 1979; December 22, 1987, Pub. L. 100-204, Title VII, 
            Sec. 744(a), 101 Stat. 1396; Pub. L. 103-437, Sec. 9(a)(5), 
            Nov. 2, 1994, 108 Stat. 4588.)
      1034  Sec. 1928b. Authorization of appropriations.
                There is authorized to be appropriated annually (1) for 
            the annual contribution of the United States toward the 
            maintenance of the NATO Parliamentary Assembly, such sum as 
            may be agreed upon by the United States Group and approved 
            by such Assembly, but in no event to exceed for any year an 
            amount equal to 25 per centum of the total annual 
            contributions made for that year by all members of the North 
            Atlantic Treaty Organization toward the maintenance of such 
            Assembly, and (2) $200,000, $100,000 for the House 
            delegation and $100,000 for the Senate delegation, or so 
            much thereof as may be necessary, to assist in meeting the 
            expenses of the United States Group of the NATO 
            Parliamentary Assembly for each fiscal year for which an 
            appropriation is made, such appropriation to be dispersed on 
            voucher to be approved by the Chairman of the House 
            delegation and the Chairman of the Senate delegation. (July 
            11, 1956, ch. 562, Sec. 2, 70 Stat. 523; June 30, 1958, Pub. 
            L. 85-477, ch. V, Sec. 502(d), 72 Stat. 273; Nov. 14, 1967, 
            Pub. L. 90-137, Pt. IV, Sec. 401(a), 81 Stat. 463; Feb. 7, 
            1972, Pub. L.

[[Page 815]]

            92-226, Pt. IV, Sec. 405, 86 Stat. 34; Dec. 22, 1987, Pub. 
            L. 100-202, Sec. 101(a) [Title III, Sec. 303], 101 Stat. 
            1329, 1329-23; Dec. 22, 1987, Pub. L. 100-204, Title VII, 
            Sec. 744(b), 101 Stat. 1396; Nov. 29, 1999, Pub. L. 106-113, 
            Sec. 1000(a)(7), 113 Stat. 1501A-459; Nov. 28, 2001, Pub. L. 
            107-77, Title IV, Sec. 408(b)(1), 115 Stat. 790).
                          26 u.s.c.--internal revenue code

                  general and permanent laws relating to the senate

[[Page 816]]


 
                          TITLE 26.--INTERNAL REVENUE CODE

            
                              Subtitle A.--INCOME TAXES

            
                        Chapter 1.--NORMAL TAXES AND SURTAXES

                                    * * * * * * *

            
                    Subchapter B.--Computation of Taxable Income

                                    * * * * * * *

            
                Part II.--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME

                                    * * * * * * *

      1035  Sec. 84. Transfer of appreciated property to political 
                organization.
            (a) General rule
                If--
                            (1) any person transfers property to a 
                        political organization, and
                            (2) the fair market value of such property 
                        exceeds its adjusted basis,

            then for purposes of this chapter the transferor shall be 
            treated as having sold such property to the political 
            organization on the date of the transfer, and the transferor 
            shall be treated as having realized an amount equal to the 
            fair market value of such property on such date.

            (b) Basis of property
                In the case of a transfer of property to a political 
            organization to which subsection (a) applies, the basis of 
            such property in the hands of the political organization 
            shall be the same as it would be in the hands of the 
            transferor, increased by the amount of gain recognized to 
            the transferor by reason of such transfer.
            (c) Political organization defined
                For purposes of this section, the term ``political 
            organization'' has the meaning given to such term by section 
            527(e)(1). (Jan. 3, 1975, Pub. L. 93-625, Sec. 13(a), 88 
            Stat. 2120.)

                                    * * * * * * *

            
                 Part VI.--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND 
                                    CORPORATIONS

                                    * * * * * * *

  

      1036  Sec. 162. Trade or business expenses.
            (a) In general
                There shall be allowed as a deduction all the ordinary 
            and necessary expenses paid or incurred during the taxable 
            year in carrying on any trade or business, including--

[[Page 817]]

                            (1) a reasonable allowance for salaries or 
                        other compensation for personal services 
                        actually rendered;
                            (2) traveling expenses (including amounts 
                        expended for meals and lodging other than 
                        amounts which are lavish or extravagant under 
                        the circumstances) while away from home in the 
                        pursuit of a trade or business; and
                            (3) rentals or other payments required to be 
                        made as a condition to the continued use or 
                        possession, for purposes of the trade or 
                        business, of property to which the taxpayer has 
                        not taken or is not taking title or in which he 
                        has no equity.

            For purposes of the preceding sentence, the place of 
            residence of a Member of Congress (including any Delegate 
            and Resident Commissioner) within the State, congressional 
            district, or possession which he represents in Congress 
            shall be considered his home, but amounts expended by such 
            Members within each taxable year for living expenses shall 
            not be deductible for income tax purposes in excess of 
            $3,000. For purposes of paragraph (2), the taxpayer shall 
            not be treated as being temporarily away from home during 
            any period of employment if such period exceeds 1 year. The 
            preceding sentence shall not apply to any Federal employee 
            during any period for which such employee is certified by 
            the Attorney General (or the designee thereof) as traveling 
            on behalf of the United States in temporary duty status to 
            investigate or prosecute, or provide support services for 
            the investigation or prosecution of, a Federal crime. (Aug. 
            16, 1954, ch. 736, 68A Stat. 45; Oct. 16, 1962, Pub. L. 87-
            834, Sec. 4(b), 76 Stat. 960, 976; Oct. 4, 1976, Pub. L. 94-
            455, Sec. 1901(c) (4), 90 Stat. 1803; Oct. 1, 1981, Pub. L. 
            97-51, Sec. 139(b)(1), 95 Stat. 967; July 18, 1982, Pub. L. 
            97-216, Sec. 215(a), 96 Stat. 194; Oct. 24, 1992, Pub. L. 
            102-486, Sec. 1938(a), 106 Stat. 3033; Aug. 5, 1997, Pub. L. 
            105-34, Sec. 1204(a), 111 Stat. 995; July 22, 1998, Pub. L. 
            105-206, Sec. 6012(a), 112 Stat. 818.)

                                    * * * * * * *

  

            
                         Subchapter F.--Exempt Organizations

                                    * * * * * * *

  

            
                          Part VI.--POLITICAL ORGANIZATIONS

      1037  Sec. 527. Political organizations.
            (a) General rule
                A political organization shall be subject to taxation 
            under this subtitle only to the extent provided in this 
            section. A political organization shall be considered an 
            organization exempt from income taxes for the purpose of any 
            law which refers to organizations exempt from income taxes.

            (b) Tax imposed
                (1) In general.--A tax is hereby imposed for each 
            taxable year on the political organization taxable income of 
            every political organization. Such tax shall be computed by 
            multiplying the political organization taxable income by the 
            highest rate of tax specified in section 11(b).
                (2) Alternative tax in case of capital gains.--If for 
            any taxable year any political organization has a net 
            capital gain, then, in lieu of the tax imposed by paragraph 
            (1), there is hereby imposed a tax (if such

[[Page 818]]

            a tax is less than the tax imposed by paragraph (1)) which 
            shall consist of the sum of--
                            (A) a partial tax, computed as provided by 
                        paragraph (1), on the political organization 
                        taxable income determined by reducing such 
                        income by the amount of such gain, and
                            (B) an amount determined as provided in 
                        section 1201(a) on such gain.

            (c) Political organization taxable income defined
                (1) Taxable income defined.--For purposes of this 
            section, the political organization taxable income of any 
            organization for any taxable year is an amount equal to the 
            excess (if any) of--
                            (A) the gross income for the taxable year 
                        (excluding any exempt function income), over
                            (B) the deductions allowed by this chapter 
                        which are directly connected with the production 
                        of the gross income (excluding exempt function 
                        income), computed with the modifications 
                        provided in paragraph (2).
                (2) Modifications.--For purposes of this subsection--
                            (A) there shall be allowed a specific 
                        deduction of $100,
                            (B) no net operating loss deduction shall be 
                        allowed under section 172, and
                            (C) no deduction shall be allowed under part 
                        VIII of subchapter B (relating to special 
                        deductions for corporations).
                (3) Exempt function income.--For purposes of this 
            subsection, the term ``exempt function income'' means any 
            amount received as--
                            (A) a contribution of money or other 
                        property,
                            (B) membership dues, a membership fee or 
                        assessment from a member of the political 
                        organization,
                            (C) proceeds from a political fundraising or 
                        entertainment event, or proceeds from the sale 
                        of political campaign materials, which are not 
                        received in the ordinary course of any trade or 
                        business, or
                            (D) proceeds from the conducting of any 
                        bingo game (as defined in section 513(f)(2)),

            to the extent such amount is segregated for use only for the 
            exempt function of the political organization.

            (d) Certain uses not treated as income to candidate
                For purposes of this title, if any political 
            organization--
                            (1) contributes any amount to or for the use 
                        of any political organization which is treated 
                        as exempt from tax under subsection (a) of this 
                        section,
                            (2) contributes any amount to or for the use 
                        of any organization described in paragraph (1) 
                        or (2) of section 509(a) which is exempt from 
                        tax under section 501(a), or
                            (3) deposits any amount in the general fund 
                        of the Treasury or in the general funds of any 
                        State or local government,

            such amount shall be treated as an amount not diverted for 
            the personal use of the candidate or any other person. No 
            deduction shall be allowed under this title for the 
            contribution or deposit of any amount described in the 
            preceding sentence.


[[Page 819]]



            (e) Other definitions
                For purposes of this section--
                (1) Political organization.--The term ``political 
            organization'' means a party, committee, association, fund, 
            or other organization (whether or not incorporated) 
            organized and operated primarily for the purpose of directly 
            or indirectly accepting contributions or making 
            expenditures, or both, for an exempt function.
                (2) Exempt function.--The term ``exempt function'' means 
            the function of influencing or attempting to influence the 
            selection, nomination, election, or appointment of any 
            individual to any Federal, State, or local public office or 
            office in a political organization, or the election of 
            Presidential or Vice-Presidential electors, whether or not 
            such individual or electors are selected, nominated, 
            elected, or appointed. Such term includes the making of 
            expenditures relating to an office described in the 
            preceding sentence which, if incurred by the individual, 
            would be allowable as a deduction under section 162(a).
                (3) Contributions.--The term ``contributions'' has the 
            meaning given to such term by section 271(b)(2).
                (4) Expenditures.--The term ``expenditures'' has the 
            meaning given to such term by section 271(b)(3).
                (5) Qualified State or Local Political Organization.--
                            (A) In general.--The term ``qualified State 
                        or local political organization'' means a 
                        political organization--

                                (i) all the exempt functions of which 
                            are solely for the purposes of influencing 
                            or attempting to influence the selection, 
                            nomination, election, or appointment of any 
                            individual to any State or local public 
                            office or office in a State or local 
                            political organization,

                                (ii) which is subject to State law that 
                            requires the organization to report (and it 
                            so reports)--

                                        (I) information regarding each 
                                    separate expenditure from and 
                                    contribution to such organization, 
                                    and

                                        (II) information regarding the 
                                    person who makes such contribution 
                                    or receives such expenditure,

                              which would otherwise be required to be 
                              reported under this section, and

                                (iii) with respect to which the reports 
                            referred to in clause (ii) are (I) made 
                            public by the agency with which such reports 
                            are filed, and (II) made publicly available 
                            for inspection by the organization in the 
                            manner described in section 6104(d).

                            (B) Certain State law differences 
                        disregarded.--An organization shall not be 
                        treated as failing to meet the requirements of 
                        subparagraph (A)(ii) solely by reason of 1 or 
                        more of the following:

                                (i) The minimum amount of any 
                            expenditure or contribution required to be 
                            reported under State law is not more than 
                            $300 greater than the minimum amount 
                            required to be reported under subsection 
                            (j).

                                (ii) The State law does not require the 
                            organization to identify 1 or more of the 
                            following:

                                        (I) The employer of any person 
                                    who makes contributions to the 
                                    organization.

                                        (II) The occupation of any 
                                    person who makes contributions to 
                                    the organization.

[[Page 820]]

                                        (III) The employer of any person 
                                    who receives expenditures from the 
                                    organization.

                                        (IV) The occupation of any 
                                    person who receives expenditures 
                                    from the organization.

                                        (V) The purpose of any 
                                    expenditure of the organization.

                                        (VI) The date any contribution 
                                    was made to the organization.

                                        (VII) The date of any 
                                    expenditure of the organization.

                            (C) De Minimis Errors.--An organization 
                        shall not fail to be treated as a qualified 
                        State or local political organization solely 
                        because such organization makes de minimis 
                        errors in complying with the State reporting 
                        requirements and the public inspection 
                        requirements described in subparagraph (A) as 
                        long as the organization corrects such errors 
                        within a reasonable period after the 
                        organization becomes aware of such errors.
                            (D) Participation of Federal candidate or 
                        office holder.--The term ``qualified State or 
                        local political organization'' shall not include 
                        any organization otherwise described in 
                        subparagraph (A) if a candidate for nomination 
                        or election to Federal elective public office or 
                        an individual who holds such office--

                                (i) controls or materially participates 
                            in the direction of the organization.

                                (ii) solicits contributions to the 
                            organization (unless the Secretary 
                            determines that such solicitations resulted 
                            in de minimis contributions and were made 
                            without the prior knowledge and consent, 
                            whether explicit or implicit, of the 
                            organization or its officers, directors, 
                            agents, or employees, or

                                (iii) directs, in whole or in part, 
                            disbursements by the organization.

                                    * * * * * * *

  

            (g) Treatment of newsletter funds
                (1) In general.--For purposes of this section, a fund 
            established and maintained by an individual who holds, has 
            been elected to, or is a candidate (within the meaning of 
            paragraph (3)) for nomination or election to, any Federal, 
            State, or local elective public office for use by such 
            individual exclusively for the preparation and circulation 
            of such individual's newsletter shall, except as provided in 
            paragraph (2), be treated as if such fund constituted a 
            political organization.
                (2) Additional modifications.--In the case of any fund 
            described in paragraph (1)--
                            (A) the exempt function shall be only the 
                        preparation and circulation of the newsletter, 
                        and
                            (B) the specific deduction provided by 
                        subsection (c)(2)(A) shall not be allowed.
                (3) Candidate.--For purposes of paragraph (1), the term 
            ``candidate'' means, with respect to any Federal, State, or 
            local elective public office, an individual who--
                            (A) publicly announces that he is a 
                        candidate for nomination or election to such 
                        office, and
                            (B) meets the qualifications prescribed by 
                        law to hold such office.

[[Page 821]]

            (h) Special rule for principal campaign committees
                (1) In general.--In the case of a political organization 
            which is a principal campaign committee, paragraph (1) of 
            subsection (b) shall be applied by substituting ``the 
            appropriate rates'' for ``the highest rate''.
                (2) Principal campaign committee defined.--
                            (A) In general.--For purposes of this 
                        subsection, the term ``principal campaign 
                        committee'' means the political committee 
                        designated by a candidate for Congress as his 
                        principal campaign committee for purposes of--

                                (i) section 302(e) of the Federal 
                            Election Campaign Act of 1971 (2 U.S.C. 
                            432(e)), and

                                (ii) this subsection.

                            (B) Designation.--A candidate may have only 
                        1 designation in effect under subparagraph 
                        (A)(ii) at any time and such designation--

                                (i) shall be made at such time and in 
                            such manner as the Secretary may prescribe 
                            by regulations, and

                                (ii) once made, may be revoked only with 
                            the consent of the Secretary.

            Nothing in this subsection shall be construed to require any 
            designation where there is only one political committee with 
            respect to a candidate.

            (i) Organizations must notify Secretary that they are 
                section 527 organizations
                (1) In general.--Except as provided in paragraph (5), an 
            organization shall not be treated as an organization 
            described in this section--
                            (A) unless it has given notice to the 
                        Secretary electronically that it is to be so 
                        treated, or
                            (B) if the notice is given after the time 
                        required under paragraph (2), the organization 
                        shall not be so treated for any period before 
                        such notice is given or, in the case of any 
                        material change in the information required 
                        under paragraph (3), for the period beginning on 
                        the date on which the material change occurs and 
                        ending on the date on which such notice is 
                        given,
                (2) Time to give notice.--The notice required under 
            paragraph (1) shall be transmitted not later than 24 hours 
            after the date on which the organization is established or, 
            in the case of any material change in the information 
            required under paragraph (3), not later than 30 days after 
            such material change.
                (3) Contents of notice.--The notice required under 
            paragraph (1) shall include information regarding--
                            (A) the name and address of the organization 
                        (including any business address, if different) 
                        and its electronic mailing address,
                            (B) the purpose of the organization,
                            (C) the names and addresses of its officers, 
                        highly compensated employees, contact person, 
                        custodian of records, and members of its Board 
                        of Directors,
                            (D) the name and address of, and 
                        relationship to, any related entities (within 
                        the meaning of section 168(h)(4)),
                            (E) whether the organization intends to 
                        claim an exemption from the requirements of 
                        subsection (j) or section 6033, and
                            (F) such other information as the Secretary 
                        may require to carry out the Internal Revenue 
                        laws.

[[Page 822]]

                (4) Effect of failure.--In the case of an organization 
            failing to meet the requirements of paragraph (1) for any 
            period, the taxable income of such organization shall be 
            computed by taking into account any exempt function income 
            (and any deductions directly connected with the production 
            of such income) or in the case of a failure relating to a 
            material change, by taking into account such income and 
            deductions only during the period beginning on the date on 
            which the material change occurs and ending on the date on 
            which notice is given under this subsection. For purposes of 
            the preceding sentence, the term ``exempt function income'' 
            means any amount described in a subparagraph of subsection 
            (c)(3), whether or not segregated for use for any exempt 
            function.
                (5) Exceptions.--This subsection shall not apply to any 
            organization--
                            (A) to which this section applies solely be 
                        reason of subsection (f)(1),
                            (B) which reasonably anticipates that it 
                        will not have gross receipts of $25,000 or more 
                        for any taxable year, or,
                            (C) which is a political committee of a 
                        State or local candidate or which is a State or 
                        local committee of a political party.
                (6) Coordination with other requirements.--This 
            subsection shall not apply to any person required (without 
            regard to this subsection) to report under the Federal 
            Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) as a 
            political committee.
            (j) Required Disclosure of Expenditures and Contributions
                (1) Penalty for failure.--In the case of--
                            (A) a failure to make the required 
                        disclosures under paragraph (2) at the time and 
                        in the manner prescribed therefor, or
                            (B) a failure to include any of the 
                        information required to be shown by such 
                        disclosures or to show the correct information,

            there shall be paid by the organization an amount equal to 
            the rate of tax specified in subsection (b)(1) multiplied by 
            the amount to which the failure relates. For purpose of 
            subtitle F, the amount imposed by this paragraph shall be 
            assessed and collected in the same manner as penalties 
            imposed by section 6652(c).

                (2) Required disclosure.--A political organization which 
            accepts a contribution, or makes an expenditure, for an 
            exempt function during any calendar year shall file with the 
            Secretary either--
                            (A)(i) in the case of a calendar year in 
                        which a regularly scheduled election is held--

                                (I) quarterly reports, beginning with 
                            the first quarter of the calendar year in 
                            which a contribution is accepted or 
                            expenditure is made, which shall be filed 
                            not later than the fifteenth day after the 
                            last day of each calendar quarter, except 
                            that the report for the quarter ending on 
                            December 31 of such calendar year shall be 
                            filed not later than January 31 of the 
                            following calendar year,

                                (II) a pre-election report, which shall 
                            be filed not later than the twelfth day 
                            before (or posted by registered or certified 
                            mail not later than the fifteenth day 
                            before) any election with respect to which 
                            the organization makes a contribution or 
                            expenditure, and which shall be complete as 
                            of the twentieth day before the election, 
                            and

[[Page 823]]

                                (III) a post-general election report, 
                            which shall be filed not later than the 
                            thirtieth day after the general election and 
                            which shall be complete as of the twentieth 
                            day after such general election, and

                                (ii) in the case of 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 for the calendar year, 
                        beginning with the first month of the calendar 
                        year in which a contribution is accepted or 
                        expenditure is made, which shall be filed not 
                        later than the twentieth 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 subparagraph (A)(i)(II), a post-
                        general election report shall be filed in 
                        accordance with subparagraph (A)(i)(III), and a 
                        year end report shall be filed not later than 
                        January 31 of the following calendar year.
                (3) Contents of report.--A report required under 
            paragraph (2) shall contain the following information:
                            (A) The amount, date, and purpose of each 
                        expenditure made to a person if the aggregate 
                        amount of expenditures to such person during the 
                        calendar year equals or exceeds $500 and the 
                        name and address of the person (in the case of 
                        an individual, including the occupation and name 
                        of employer of such individual).
                            (B) The name and address (in the case of an 
                        individual, including the occupation and name of 
                        employer of such individual) of all contributors 
                        which contributed an aggregate amount of $200 or 
                        more to the organization during the calendar 
                        year and the amount and date of the 
                        contribution.

            Any expenditure or contribution disclosed in a previous 
            reporting period is not required to be included in the 
            current reporting period.

                (4) Contracts to spend or contribute.--For purposes of 
            this subsection, a person shall be treated as having made an 
            expenditure or contribution if the person has contracted or 
            is otherwise obligated to make the expenditure or 
            contribution.
                (5) Coordination with other requirements.--This 
            subsection shall not apply--
                            (A) to any person required (without regard 
                        to this subsection) to report under the Federal 
                        Election Campaign Act of 1971 (2 U.S.C. 431 et 
                        seq.) as a political committee,
                            (B) to any State or local committee of a 
                        political party or political committee of a 
                        State or local candidate,
                            (C) to any organization which is a qualified 
                        State or local political organization,
                            (D) to any organization which reasonably 
                        anticipates that it will not have gross receipts 
                        of $25,000 or more for any taxable year,
                            (E) to any organization to which this 
                        section applies solely by reason of subsection 
                        (f)(1), or

[[Page 824]]

                            (F) with respect to any expenditure which is 
                        an independent expenditure (as defined in 
                        section 301 of such Act).
                (6) Election.--For purposes of this subsection, the term 
            ``election'' means--
                            (A) a general, special, primary, or runoff 
                        election for a Federal office,
                            (B) a convention or caucus of a political 
                        party which has authority to nominate a 
                        candidate for Federal office,
                            (C) a primary election held for the 
                        selection of delegates to a national nominating 
                        convention of a political party, or
                            (D) a primary election held for the 
                        expression of a preference for the nomination of 
                        individuals for election to the office of 
                        President.
                (7) Electronic filing.--Any report required under 
            paragraph (2) with respect to any calendar year shall be 
            filed in electronic form if the organization has, or has 
            reason to expect to have, contributions exceeding $50,000 or 
            expenditures exceeding $50,000 in such calendar year.
            (k) Public Availability of notices and reports
                (1) In general.--The Secretary shall make any notice 
            described in subsection (i)(1) or report described in 
            subsection (j)(7) available for public inspection on the 
            Internet not later than 48 hours after such notice or report 
            has been filed (in addition to such public availability as 
            may be made under section 6104(d)(7)).
                (2) Access.--The Secretary shall make the entire 
            database of notices and reports which are made available to 
            the public under paragraph (1) searchable by the following 
            items (to the extent the items are required to be included 
            in the notices and reports):
                            (A) Names, States, zip codes, custodians of 
                        records, directors, and general purposes of the 
                        organizations.
                            (B) Entities related to the organizations.
                            (C) Contributors to the organizations.
                            (D) Employers of such contributors.
                            (E) Recipients of expenditures by the 
                        organizations.
                            (F) Ranges of contributions and 
                        expenditures.
                            (G) Time periods of the notices and reports.
                            Such database shall be downloadable.
            (l) Authority to waive.--The Secretary may waive all or any 
                portion of the
                (1) tax assessed on an organization by reason of the 
            failure of the organization to comply with the requirements 
            of subsection (i), or
                (2) amount imposed under subsection (j) for a failure to 
            comply with the requirements thereof,

            on a showing that such failure was due to reasonable cause 
            and not due to willful neglect.

            (Jan. 3, 1975, Pub. L. 93-625, Sec. 10(a), 88 Stat. 2116; 
            Oct. 4, 1976, Pub. L. 94-455, Sec. 1901(b)(33)(c), 90 Stat. 
            1801; Oct. 21, 1978, Pub. L. 95-502, Sec. 302(a), 92 Stat. 
            1702; Nov. 6, 1978, Pub. L. 95-600, Sec. 301(b)(6), 92 Stat. 
            2821; Aug. 13, 1981, Pub. L. 97-34, Sec. 128, 95 Stat. 203; 
            July 18, 1984, Pub. L. 98-369, Sec. Sec. 474(r)(16), 722(c), 
            98 Stat. 843, 973; Oct. 22, 1986, Pub. L. 99-514, 
            Sec. 112(b)(1), 100 Stat. 2085; Nov. 10, 1988, Pub. L. 100-
            647, Sec. 1001(b)(3)(B), 102 Stat. 3349; July 1, 2000, Pub.

[[Page 825]]

            L. 106-230, Sec. Sec. 1(a), 2(a), 114 Stat. 477, 479; ----, 
            2002, Pub. L. 107---, Sec. Sec. 1(a), 2, 5(a), 6, 116 Stat. 
            --.)

                                    * * * * * * *

  

            
             Subchapter N.--Tax Based on Income From Sources Within or 
                             Without the United States

                                    * * * * * * *

  

            
                Part II.--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS

                                    * * * * * * *

  

            
                        Subpart D.--Miscellaneous Provisions

                                    * * * * * * *

  

      1038  Sec. 896. Adjustment of tax on nationals, residents, and 
                corporations of certain foreign countries.

                                    * * * * * * *

            (d) Notification of Congress required
                No proclamation shall be issued by the President 
            pursuant to this section unless, at lest 30 days prior to 
            such proclamation, he has notified the Senate and the House 
            of Representatives of his intention to issue such 
            proclamation. (Nov. 13, 1966, Pub. L. 89-809, Sec. 105(b), 
            80 Stat. 1563.)
            
                       Subchapter P.--Capital Gains and Losses

                                    * * * * * * *

  

            
             Part III.--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND 
                                       LOSSES

      1039  Sec. 1221. Capital asset defined.
                (a) In general.--For purposes of this subtitle, the term 
            ``capital asset'' means property held by the taxpayer 
            (whether or not connected with his trade or business), but 
            does not include--

                                    * * * * * * *

  

                (5) a publication of the United States Government 
            (including the Congressional Record) which is received from 
            the United States Government or any agency thereof, other 
            than by purchase at the price at which it is offered for 
            sale to the public, and which is held by--
                            (A) a taxpayer who so received such 
                        publication, or
                            (B) a taxpayer in whose hands the basis of 
                        such publication is determined, for purposes of 
                        determining gain from a sale or exchange, in 
                        whole or in part by reference to the basis of 
                        such publication in the hands of a taxpayer 
                        described in subparagraph (A). (Aug. 16, 1954, 
                        ch. 736. 68A Stat. 321; Oct. 4, 1976, Pub. L. 
                        94-455, Sec. 2132 (a), 90 Stat. 1925; Aug. 13, 
                        1981, Pub. L. 97-34, Sec. 505

[[Page 826]]

                        (a), 95 Stat 331; Dec. 17, 1999, Pub. L. 106-
                        170, Sec. 532(a), 113 Stat. 1928.

                                    * * * * * * *

            
                      SUBTITLE F.--PROCEDURE AND ADMINISTRATION

            
                        Chapter 61.--INFORMATION AND RETURNS

            
                         Subchapter A.--Returns and Records

                                    * * * * * * *

  

            
                           Part III.--INFORMATION RETURNS

            
               Subpart A.--Information Concerning Persons Subject to 
                                 Special Provisions

                                    * * * * * * *

  

      1040  Sec. 6033. Returns by exempt organizations

                                    * * * * * * *

  

            (g) Returns required by political organizations
                (1) In general.--This section shall apply to a political 
            organization (as defined by section 527(e)(1)) which has 
            gross receipts of $25,000 or more for the taxable year. In 
            the case of a political organization which is a qualified 
            State or local political organization (as defined in section 
            527(e)(5)), the preceding sentence shall be applied by 
            substituting ``$100,000'' for ``$25,000''.
                (2) Annual returns.--Political organizations described 
            in paragraph (1) shall file an annual return--
                            (A) containing the information required, and 
                        complying with the other requirements, under 
                        subsection (a)(1) for organizations exempt from 
                        taxation under section 501(a), with such 
                        modifications as the Secretary considers 
                        appropriate to require only information which is 
                        necessary for the purposes of carrying out 
                        section 527, and
                            (B) containing such other information as the 
                        Secretary deems necessary to carry out the 
                        provisions of this subsection.
                (3) Mandatory exceptions from filing.--Paragraph (2) 
            shall not apply to an organization--
                            (A) which is a State or local committee of a 
                        political party, or political committee of a 
                        State or local candidate,
                            (B) which is a caucus or association of 
                        State or local officials,
                            (C) which is an authorized committee (as 
                        defined in section 301(6) of the Federal 
                        Election Campaign Act of 1971) of a candidate 
                        for Federal office,
                            (D) which is a national committee (as 
                        defined in section 301(14) of the Federal 
                        Election Campaign Act of 1971) of a political 
                        party,
                            (E) which is a United States House of 
                        Representatives or United States Senate campaign 
                        committee of a political party committee,
                            (F) which is required to report under the 
                        Federal Election campaign Act of 1971 as a 
                        political committee (as defined in section 
                        301(4) of such Act), or
                            (G) to which section 527 applies for the 
                        taxable year solely by reason of subsection 
                        (f)(1) of such section.
                (4) Discretionary exception.--The Secretary may relieve 
            any organization required under paragraph (2) to file and 
            information return from

[[Page 827]]

            filing such a return if the Secretary determines that such 
            filing is not necessary to the efficient administration of 
            the Internal Revenue laws. (----, 2002, Pub. L. 107---, 
            Sec. 3(c), 116 Stat.----.)

                                    * * * * * * *

  

            
                       Subchapter B.--Miscellaneous Provisions

                                    * * * * * * *

  

      1041  Sec. 6103. Confidentiality and disclosure of returns and 
                return information.

                                    * * * * * * *

            (f) Disclosure to committees of Congress
                (1) Committee on Ways and Means, Committee on Finance, 
            and Joint Committee on Taxation.--Upon written request from 
            the chairman of the Committee on Ways and Means of the House 
            of Representatives, the chairman of the Committee on Finance 
            of the Senate, or the chairman of the Joint Committee on 
            Taxation, the Secretary shall furnish such committee with 
            any return or return information specified in such request, 
            except that any return or return information which can be 
            associated with, or otherwise identify, directly or 
            indirectly, a particular taxpayer shall be furnished to such 
            committee only when sitting in closed executive session 
            unless such taxpayer otherwise consents in writing to such 
            disclosure.
                (2) Chief of Staff of Joint Committee on Taxation.--Upon 
            written request by the Chief of Staff of the Joint Committee 
            on Taxation, the Secretary shall furnish him with any return 
            or return information specified in such request. Such Chief 
            of Staff may submit such return or return information to any 
            committee described in paragraph (1), except that any return 
            or return information which can be associated with, or 
            otherwise identify, directly or indirectly, a particular 
            taxpayer shall be furnished to such committee only when 
            sitting in closed executive session unless such taxpayer 
            otherwise consents in writing to such disclosure.
                (3) Other committees.--Pursuant to an action by, and 
            upon written request by the chairman of, a committee of the 
            Senate or the House of Representatives (other than a 
            committee specified in paragraph (1)) specially authorized 
            to inspect any return or return information by a resolution 
            of the Senate or the House of Representatives or, in the 
            case of a joint committee (other than the joint committee 
            specified in paragraph (1)) by concurrent resolution, the 
            Secretary shall furnish such committee, or a duly authorized 
            and designated subcommittee thereof, sitting in closed 
            executive session, with any return or return information 
            which such resolution authorizes the committee or 
            subcommittee to inspect. Any resolution described in this 
            paragraph shall specify the purpose for which the return or 
            return information is to be furnished and that such 
            information cannot reasonably be obtained from any other 
            source.
                (4) Agents of committees and submission of information 
            to Senate or House of Representatives.--
                            (A) Committees described in paragraph (1).--
                        Any committee described in paragraph (1) or the 
                        Chief of Staff of the Joint Committee on 
                        Taxation shall have the authority, acting 
                        directly, or by or through such examiners or 
                        agents as the chairman of such com

[[Page 828]]

                        mittee or such chief of staff may designate or 
                        appoint, to inspect returns and return 
                        information at such time and in such manner as 
                        may be determined by such chairman or chief of 
                        staff. Any return or return information obtained 
                        by or on behalf of such committee pursuant to 
                        the provisions of this subsection may be 
                        submitted by the committee to the Senate or the 
                        House of Representatives, or to both. The Joint 
                        Committee on Taxation may also submit such 
                        return or return information to any other 
                        committee described in paragraph (1), except 
                        that any return or return information which can 
                        be associated with, or otherwise identify, 
                        directly or indirectly, a particular taxpayer 
                        shall be furnished to such committee only when 
                        sitting in closed executive session unless such 
                        taxpayer otherwise consents in writing to such 
                        disclosure.
                            (B) Other committees.--Any committee or 
                        subcommittee described in paragraph (3) shall 
                        have the right, acting directly, or by or 
                        through no more than four examiners or agents, 
                        designated or appointed in writing in equal 
                        numbers by the chairman and ranking minority 
                        member of such committee or subcommittee, to 
                        inspect returns and return information at such 
                        time and in such manner as may be determined by 
                        such chairman and ranking minority member. Any 
                        return or return information obtained by or on 
                        behalf of such committee or subcommittee 
                        pursuant to the provisions of this subsection 
                        may be submitted by the committee to the Senate 
                        or the House of Representatives, or to both, 
                        except that any return or return information 
                        which can be associated with, or otherwise 
                        identify, directly or indirectly, a particular 
                        taxpayer, shall be furnished to the Senate or 
                        the House of Representatives only when sitting 
                        in closed executive session unless such taxpayer 
                        otherwise consents in writing to such 
                        disclosure.
                (5) Disclosure by whistleblower.--Any person who 
            otherwise has or had access to any return or return 
            information under this section may disclose such return or 
            return information to a committee referred to in paragraph 
            (1) or any individual authorized to receive or inspect 
            information under paragraph (4)(A) if such person believes 
            such return or return information may relate to possible 
            misconduct, maladministration, or taxpayer abuse.
            (g) Disclosure to President and certain other persons

                                    * * * * * * *

            (5) Reporting requirements
                Within 30 days after the close of each calendar quarter, 
            the President and the head of any agency requesting returns 
            and return information under this subsection shall each file 
            a report with the Joint Committee on Taxation setting forth 
            the taxpayers with respect to whom such requests were made 
            during such quarter under this subsection, the returns or 
            return information involved, and the reasons for such 
            requests. The President shall not be required to report on 
            any request for returns and return information pertaining to 
            an individual who was an officer or employee of the 
            executive branch of the Federal Government at the time such 
            request was made. Reports filed pursuant to this paragraph 
            shall not be disclosed unless the Joint Committee on 
            Taxation determines that disclosure thereof (including 
            identifying details) would be in the national interest. Such 
            reports shall be maintained by the Joint

[[Page 829]]

            Committee on Taxation for a period not exceeding 2 years 
            unless, within such period, the Joint Committee on Taxation 
            determines that a disclosure to the Congress is necessary. 
            (Pub. L. 105-65, Title V, (Sec. 542(b), 111 Stat. 1412; July 
            22, 1998, Pub. L. 105-206, Title I, Sec. 1101(b), Title III, 
            Sec. Sec. 3702(a), (b), 3708(a), 3711(b), Title VI, 
            Sec. Sec. 6007(f)(4), 6009(d), 6012(b)(2), (4), 6019(c), 
            6023(22), 112 Stat. 696, 776, 777, 778, 781, 810, 812, 819, 
            823, 826; Oct. 21, 1998, Pub. L. 105-277, Div. J, Title I, 
            Sec. 1006, Title IV, Sec. Sec. 4002(a), (h), 4006(a), 112 
            Stat. 2681-900, 2681-906, 2681-907, 2681-912; Dec. 17, 1999, 
            Pub. L. 106-170, Title V, Sec. 521(a)(1), 113 Stat. 1925.)

                                    * * * * * * *

      1042  Sec. 6104. Publicity of information required from certain 
                exempt organizations and certain trusts.
            (a) Inspection of applications for tax exemption or notice 
                of status
                (1) Public inspection.--
                            (A) Organizations described in section 501 
                        or 527.--If an organization described in section 
                        501 (c) or (d) is exempt from taxation under 
                        section 501(a) for any taxable year or a 
                        political organization is exempt from taxation 
                        under section 527 for any taxable year, the 
                        application filed by the organization with 
                        respect to which the Secretary made his 
                        determination that such organization was 
                        entitled to exemption under section 501(a) or 
                        notice of status filed by the organization under 
                        section 527(i), together with any papers 
                        submitted in support of such application or 
                        notice, and any letter or other document issued 
                        by the Internal Revenue Service with respect to 
                        such application or notice shall be open to 
                        public inspection at the national office of the 
                        Internal Revenue Service. In the case of any 
                        application or notice filed after the date of 
                        the enactment of this subparagraph, a copy of 
                        such application or notice and such letter or 
                        document shall be open to public inspection at 
                        the appropriate field office of the Internal 
                        Revenue Service (determined under regulations 
                        prescribed by the Secretary). Any inspection 
                        under this subparagraph may be made at such 
                        times, and in such manner, as the Secretary 
                        shall by regulations prescribe. After the 
                        application of any organization for exemption 
                        from taxation under section 501(a) has been 
                        opened to public inspection under this 
                        subparagraph, the Secretary shall, on the 
                        request of any person with respect to such 
                        organization, furnish a statement indicating the 
                        subsection and paragraph of section 501 which it 
                        has been determined describes such organization.
                            (B) Pension, etc., plans.--The following 
                        shall be open to public inspection at such times 
                        and in such places as the Secretary may 
                        prescribe:

                                (i) any application filed with respect 
                            to the qualification of a pension, profit-
                            sharing, or stock bonus plan under section 
                            401(a) or 403(a), an individual retirement 
                            account described in section 408(a), or an 
                            individual retirement annuity described in 
                            section 408(b),

                                (ii) any application filed with respect 
                            to the exemption from tax under section 
                            501(a) of an organization forming part of a 
                            plan or account referred to in clause (i),

[[Page 830]]

                                (iii) any papers submitted in support of 
                            an application referred to in clause (i) or 
                            (ii), and

                                (iv) any letter or other document issued 
                            by the Internal Revenue Service and dealing 
                            with the qualification referred to in clause 
                            (i) or the exemption from tax referred to in 
                            clause (ii).

            Except in the case of a plan participant, this subparagraph 
            shall not apply to any plan referred to in clause (i) having 
            not more than 25 participants.

                            (C) Certain names and compensation not to be 
                        open to public inspection.--In the case of any 
                        application, document, or other papers, referred 
                        to in subparagraph (B), information from which 
                        the compensation (including deferred 
                        compensation) of any individual may be 
                        ascertained shall not be opened to public 
                        inspection under subparagraph (B).
                            (D) Withholding of certain other 
                        information.--Upon request of the organization 
                        submitting any supporting papers described in 
                        subparagraph (A) or (B), the Secretary shall 
                        withhold from public inspection any information 
                        contained therein which he determines relates to 
                        any trade secret, patent, process, style of 
                        work, or apparatus, of the organization, if he 
                        determines that public disclosure of such 
                        information would adversely affect the 
                        organization. The Secretary shall withhold from 
                        public inspection any information contained in 
                        supporting papers described in subparagraph (A) 
                        or (B) the public disclosure of which he 
                        determines would adversely affect the national 
                        defense.
                (2) Inspection by committee of Congress.--Section 
            6103(f) shall apply with respect to--
                            (A) the application for exemption of any 
                        organization described in section 501(c) or (d) 
                        which is exempt from taxation under section 
                        501(a) for any taxable year or notice of status 
                        of any political organization which is exempt 
                        from taxation under section 527 for any taxable 
                        year, and any application referred to in 
                        subparagraph (B) of subsection (a)(1) of this 
                        section, and
                            (B) any other papers which are in the 
                        possession of the Secretary and which relate to 
                        such application,

            as if such papers constituted returns.

                (3) Information available on internet and in person.--
                            (A) In general.--The Secretary shall make 
                        publicly available, on the Internet and at the 
                        offices of the Internal Revenue Service--

                                (i) a list of all political 
                            organizations which file a notice with the 
                            Secretary under section 527(i), and

                                (ii) the name, address, electronic 
                            mailing address, custodian of records, and 
                            contact person for such organization.

                            (B) Time to make information available.--The 
                        Secretary shall make available the information 
                        required under subparagraph (A) not later than 5 
                        business days after the Secretary receives a 
                        notice from a political organization under 
                        section 527(i).

            (Sept. 2, 1958, Pub. L. 85-866, Sec. 75(a) 72 Stat. 1660; 
            Sept. 2, 1974, Pub. L. 93-406, Sec. 1022(g)(1), (2), 88 
            Stat. 940; Oct. 4, 1976, Pub. L. 94-455, Sec. Sec. 1201(d), 
            1906(b)(13)(A), 90 Stat. 1667, 1834; Nov. 6, 1978, Pub. L. 
            95-600, Sec. 703(m), 92 Stat. 2943; July 18, 1984, Pub. L. 
            98-

[[Page 831]]

            369 Sec. 491(d)(49), 98 Stat. 852; July 1, 2000, Pub. L. 
            106-230, Sec. 1(b), 114 Stat. 478.)

                                    * * * * * * *

  

            
            Chapter 78.--DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE

            
                      Subchapter A.--Examination and Inspection

                                    * * * * * * *

  

      1043  Sec. 7608. Authority of Internal Revenue enforcement 
                officers.

                                    * * * * * * *

            (c) Rules relating to undercover operations

                                    * * * * * * *

  

            (4) Audits.--
                (A) The Service shall conduct a detailed financial audit 
            of each undercover investigative operation which is closed 
            in each fiscal year; and
                            (i) submit the results of the audit in 
                        writing to the Secretary; and
                            (ii) not later than 180 days after such 
                        undercover operation is closed, submit a report 
                        to the Congress concerning such audit.
                (B) The Service shall also submit a report annually to 
            the Congress specifying as to its undercover investigative 
            operations--
                            (i) the number, by programs, of undercover 
                        investigative operations pending as of the end 
                        of the 1-year period for which such report is 
                        submitted;
                            (ii) the number, by programs, of undercover 
                        investigative operations commenced in the 1-year 
                        period for which such report is submitted;
                            (iii) the number, by programs, of undercover 
                        investigative operations closed in the 1-year 
                        period for which such report is submitted; and
                            (iv) the following information with respect 
                        to each undercover investigative operation 
                        pending as of the end of the 1-year period for 
                        which such report is submitted or closed during 
                        such 1-year period--

                                (I) the date the operation began and the 
                            date of the certification referred to in the 
                            last sentence of paragraph (1),

                                (II) the total expenditures under the 
                            operation and the amount and use of the 
                            proceeds from the operation,

                                (III) a detailed description of the 
                            operation including the potential violation 
                            being investigated and whether the operation 
                            is being conducted under grand jury 
                            auspices, and

                                (IV) the results of the operation 
                            including the results of criminal 
                            proceedings.

[[Page 832]]

            (Nov. 18, 1988, Pub. L. 100-690, Sec. 7601(c)(2), 102 Stat. 
            4504; July 30, 1996, Pub. L. 104-168, Sec. 1205(c)(1), 110 
            Stat. 1471.)

                                    * * * * * * *

            
                              Chapter 79.--DEFINITIONS

      1044  Sec. 7701. Definitions.

                                    * * * * * * *

            (j) Tax treatment of Federal Thrift Savings Fund
                (1) In general.--For purposes of this title--
                            (A) the Thrift Savings Fund shall be treated 
                        as a trust described in section 401(a) which is 
                        exempt from taxation under section 501(a);
                            (B) any contribution to, or distribution 
                        from, the Thrift Savings Fund shall be treated 
                        in the same manner as contributions to or 
                        distributions from such a trust; and
                            (C) subject to section 401(k)(4)(B) and any 
                        dollar limitation on the application of section 
                        402(e)(3), contributions to the Thrift Savings 
                        Fund shall not be treated as distributed or made 
                        available to an employee or Member nor as a 
                        contribution made to the Fund by an employee or 
                        Member merely because the employee or Member 
                        has, under the provisions of subchapter III of 
                        chapter 84 of title 5, United States Code, and 
                        section 8351 of such title 5, an election 
                        whether the contribution will be made to the 
                        Thrift Savings Fund or received by the employee 
                        or Member in cash.
                (2) Nondiscrimination requirements.--Notwithstanding any 
            other provision of the law, the Thrift Savings Fund is not 
            subject to the nondiscrimination requirements applicable to 
            arrangements described in section 401(k) or to matching 
            contributions (as described in section 401(m)), so long as 
            it meets the requirements of this section.
                (3) Coordination with Social Security Act.--Paragraph 
            (1) shall not be construed to provide that any amount of the 
            employee's or Member's basic pay which is contributed to the 
            Thrift Savings Fund shall not be included in the term 
            ``wages'' for the purposes of section 209 of the Social 
            Security Act or section 3121(a) of this title.
                (4) Definitions.--For purposes of this subsection, the 
            terms ``Member'', ``employee'', and ``Thrift Savings Fund'' 
            shall have the same respective meanings as when used in 
            subchapter III of chapter 84 of title 5, United States Code.
                (5) Coordination with other provisions of law.--No 
            provision of law not contained in this title shall apply for 
            purposes of determining the treatment under this title of 
            the Thrift Savings Fund or any contribution to, or 
            distribution from, such Fund. (Oct. 22, 1986, Pub. L. 99-
            514, Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub. L. 
            100-202, Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988, 
            Pub. L. 100-647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5, 
            1990, Pub. L. 101-508, Sec. 11704(a)(34), 104 Stat. 1388-
            519; July 3, 1992, Pub. L. 102-318, Sec. 521(b)(43), 106 
            Stat. 313.)
            (k) Treatment of certain amounts paid to charity
                In the case of any payment which, except for section 
            501(b) of the Ethics in Government Act of 1978, might be 
            made to any officer or employee of the Federal Government 
            but which is made instead on behalf of such officer or 
            employee to an organization described in section 170(c)--

[[Page 833]]

                            (1) such payment shall not be treated as 
                        received by such officer or employee for all 
                        purposes of this title and for all purposes of 
                        any tax law of a State or political subdivision 
                        thereof, and
                            (2) no deduction shall be allowed under any 
                        provision of this title (or of any law of a 
                        State or political subdivision thereof) to such 
                        officer or employee by reason of having such 
                        payment made to such organization.

            For purposes of this subsection, a Senator, a Representative 
            in, or a Delegate or Resident Commissioner to, the Congress 
            shall be treated as an officer or employee of the Federal 
            Government. (Nov. 30, 1989, Pub. L. 101-194, Sec. 602, 103 
            Stat. 1762; Aug. 14, 1991, Pub. L. 102-90, Sec. 314(e), 103 
            Stat. 469-470.)

                                    * * * * * * *

  

            
                             Chapter 80.--GENERAL RULES

            
                 Subchapter A.--Application of Internal Revenue Laws

                                    * * * * * * *

  

      1045  Sec. 7802. Internal Revenue Service Oversight Board.

                                    * * * * * * *

  

            (d) Specific responsibilities

                                    * * * * * * *

  

                (4) Budget.--To--
                            (A) review and approve the budget request of 
                        the Internal Revenue Service prepared by the 
                        Commissioner;
                            (B) submit such budget request to the 
                        Secretary of the Treasury; and
                            (C) ensure that the budget request supports 
                        the annual and long-range strategic plans.

                                    * * * * * * *

            The Secretary shall submit the budget request referred to in 
            paragraph (4)(B) for any fiscal year to the President who 
            shall submit such request, without revision, to Congress 
            together with the President's annual budget request for the 
            Internal Revenue Service for such fiscal year.

                                    * * * * * * *

            (f) Administrative matters

                                    * * * * * * *

                (3) Reports.--
                            (A) Annual.--The Oversight Board shall each 
                        year report with respect to the conduct of its 
                        responsibilities under this title to the 
                        President, the Committees on Ways and Means, 
                        Government Reform and Oversight, and 
                        Appropriations of the House of Representatives 
                        and the Committees on Finance, Governmental 
                        Affairs, and Appropriations of the Senate.
                            (B) Additional report.--Upon a determination 
                        by the Oversight Board under subsection 
                        (c)(1)(B) that the organization and operation of 
                        the Internal Revenue Service are not allowing it 
                        to carry out its mission, the Oversight Board 
                        shall report such determination to the Committee 
                        on Ways and Means of the House of Representa

[[Page 834]]

                        tives and the Committee on Finance of the 
                        Senate. (July 22, 1998, Pub. L. 105-206, 
                        Sec. 1101(a), 112 Stat. 691.)

                                    * * * * * * *

      1046  Sec. 7803. Commissioner of Internal Revenue; other 
                officials.

                                    * * * * * * *

            (c) Office of the Taxpayer Advocate

                                    * * * * * * *

                (2) Functions of office.

                                    * * * * * * *

                (B) Annual reports.--
                            (i) Objectives.--Not later than June 30 of 
                        each calendar year, the National Taxpayer 
                        Advocate shall report to the Committee on Ways 
                        and Means of the House of Representatives and 
                        the Committee on Finance of the Senate on the 
                        objectives of the Office of the Taxpayer 
                        Advocate for the fiscal year beginning in such 
                        calendar year. Any such report shall contain 
                        full and substantive analysis, in addition to 
                        statistical information.
                            (ii) Activities.--Not later than December 31 
                        of each calendar year, the National Taxpayer 
                        Advocate shall report to the Committee on Ways 
                        and Means of the House of Representatives and 
                        the Committee on Finance of the Senate on the 
                        activities of the Office of the Taxpayer 
                        Advocate during the fiscal year ending during 
                        such calendar year. (July 22, 1998, Pub. L. 105-
                        206, Sec. 1102(a), 112 Stat. 697.)

                                    * * * * * * *

      1047  Sec. 7805. Rules and regulations.

                                    * * * * * * *

            (b) Retroactivity of regulations

                                    * * * * * * *

                (6) Congressional authorization.--The limitation of 
            paragraph (1) may be superseded by a legislative grant from 
            Congress authorizing the Secretary to prescribe the 
            effective date with respect to any regulation. (July 30, 
            1996, Pub. L. 104-168, Sec. 1101(a), 110 Stat. 1468.)

                                    * * * * * * *

            
                    SUBTITLE G.--THE JOINT COMMITTEE ON TAXATION

            
               Chapter 91.--ORGANIZATION AND MEMBERSHIP OF THE JOINT 
                                     COMMITTEE

      1048  Sec. 8001. Authorization.
                There shall be a joint congressional committee known as 
            the Joint Committee on Taxation (hereinafter in this 
            subtitle referred to as the ``Joint Committee''). (Aug. 16, 
            1954, ch. 736, 68A Stat. 925; Oct. 4, 1976, Pub. L. 94-455, 
            Sec. 1907(a)(1), 90 Stat. 1835.)
      1049  Sec. 8002. Membership.
            (a) Number and selection
                The Joint Committee shall be composed of 10 members as 
            follows:

[[Page 835]]

                (1) From Committee on Finance.--Five members who are 
            members of the Committee on Finance of the Senate, three 
            from the majority and two from the minority party, to be 
            chosen by such Committee; and
                (2) From Committee on Ways and Means.--Five members who 
            are members of the Committee on Ways and Means of the House 
            of Representatives, three from the majority and two from the 
            minority party, to be chosen by such Committee.
            (b) Tenure of office
                (1) General limitation.--No person shall continue to 
            serve as a member of the Joint Committee after he has ceased 
            to be a member of the committee by which he was chosen, 
            except that--
                (2) Exception.--The members chosen by the Committee on 
            Ways and Means who have been reelected to the House of 
            Representatives may continue to serve as members of the 
            Joint Committee notwithstanding the expiration of the 
            Congress.
            (c) Vacancies
                A vacancy in the Joint Committee--
                            (1) Effect.--Shall not affect the power of 
                        the remaining members to execute the functions 
                        of the Joint Committee; and
                            (2) Manner of filling.--Shall be filled in 
                        the same manner as the original selection, 
                        except that--

                                (A) Adjournment or recess of Congress.--
                            In case of a vacancy during an adjournment 
                            or recess of Congress for a period of more 
                            than 2 weeks, the members of the Joint 
                            Committee who are members of the Committee 
                            entitled to fill such vacancy may designate 
                            a member of such Committee to serve until 
                            his successor is chosen by such Committee; 
                            and

                                (B) Expiration of Congress.--In the case 
                            of a vacancy after the expiration of a 
                            Congress which would be filled by the 
                            Committee on Ways and Means, the members of 
                            such Committee who are continuing to serve 
                            as members of the Joint Committee may 
                            designate a person who, immediately prior to 
                            such expiration, was a member of such 
                            Committee and who is reelected to the House 
                            of Representatives, to serve until his 
                            successor is chosen by such Committee.

            (d) Allowances
                The members shall serve without compensation in addition 
            to that received for their services as members of Congress; 
            but they shall be reimbursed for travel, subsistence, and 
            other necessary expenses incurred by them in the performance 
            of the duties vested in the Joint Committee, other than 
            expenses in connection with meetings of the Joint Committee 
            held in the District of Columbia during such times as the 
            Congress is in session. (Aug. 16, 1954, ch. 736, 68A Stat. 
            925.)
      1050  Sec. 8003. Election of chairman and vice chairman.
                The Joint Committee shall elect a chairman and vice 
            chairman from among its members. (Aug. 16, 1954, ch. 736, 
            68A Stat. 926.)
      1051  Sec. 8004. Appointment and compensation of staff.
                Except as otherwise provided by law, the Joint Committee 
            shall have power to appoint and fix the compensation of the 
            Chief of Staff of

[[Page 836]]

            the Joint Committee and such experts and clerical, 
            stenographic, and other assistants as it deems advisable. 
            (Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4, 1976, Pub. 
            L. 94-455, Sec. 1907(a)(2), 90 Stat. 1835.)
      1052  Sec. 8005. Payment of expenses.
                The expenses of the Joint Committee shall be paid one-
            half from the contingent fund of the Senate and one-half 
            from the contingent fund of the House of Representatives, 
            upon vouchers signed by the chairman or the vice chairman. 
            (Aug. 16, 1954, ch. 736, 68A Stat. 926.)

            
                Chapter 92.--POWERS AND DUTIES OF THE JOINT COMMITTEE

      1053  Sec. 8021. Powers.
            (a) To obtain data and inspect income returns
                            For powers of the Joint Committee to obtain 
                        and inspect income returns, see section 6103(f).
            (b) Relating to hearings and sessions
                The Joint Committee, or any subcommittee thereof, is 
            authorized--
                            (1) To hold.--To hold hearings and to sit 
                        and act at such places and times;
                            (2) To require attendance of witnesses and 
                        production of books.--To require by subpoena (to 
                        be issued under the signature of the chairman or 
                        vice chairman) or otherwise the attendance of 
                        such witnesses and the production of such books, 
                        papers, and documents;
                            (3) To administer oaths.--To administer such 
                        oaths; and
                            (4) To take testimony.--To take such 
                        testimony;

            as it deems advisable.

            (c) To procure printing and binding
                The Joint Committee, or any subcommittee thereof, is 
            authorized to have such printing and binding done as it 
            deems advisable.
            (d) To make expenditures
                The Joint Committee, or any subcommittee thereof, is 
            authorized to make such expenditures as it deems advisable.
            (e) Investigations
                The Joint Committee shall review all requests (other 
            than requests by the chairman or ranking member of a 
            committee or subcommittee) for investigations of the 
            Internal Revenue Service by the General Accounting Office, 
            and approve such requests when appropriate, with a view 
            towards eliminating overlapping investigations, ensuring 
            that the General Accounting Office has the capacity to 
            handle the investigation, and ensuring that investigations 
            focus on areas of primary importance to tax administration.
            (f) Relating to Joint Reviews
                            (1) In general.--The Chief of Staff, and the 
                        staff of the Joint Committee, shall provide such 
                        assistance as is required for joint reviews 
                        described in paragraph (2).
                            (2) Joint reviews.--Before June 1 of each 
                        calendar year after 1998 and before 2004, there 
                        shall be a joint review of the strategic plans

[[Page 837]]

                        and budget for the Internal Revenue Service and 
                        such other matters as the Chairman of the Joint 
                        Committee deems appropriate. Such joint review 
                        shall be held at the call of the Chairman of the 
                        Joint Committee and shall include two members of 
                        the majority and one member of the minority from 
                        each of the Committees on Finance, 
                        Appropriations, and Governmental Affairs of the 
                        Senate, and the Committees on Ways and Means, 
                        Appropriations, and Government Reform and 
                        Oversight of the House of Representatives.

            (Aug. 16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976, Pub. 
            L. 94-455, Sec. 1907(a)(3), 90 Stat. 1835; Nov. 10, 1988, 
            Pub. L. 100-647, Sec. 1018(s)(1), 102 Stat. 3586; July 22, 
            1998, Pub. L. 105-206, Sec. 4001(a), 112 Stat. 783.)

      1054  Sec. 8022. Duties.
                It shall be the duty of the Joint Committee--
                (1) Investigation.--
                            (A) Operation and effects of law.--To 
                        investigate the operation and effects of the 
                        Federal system of internal revenue taxes;
                            (B) Administration.--To investigate the 
                        administration of such taxes by the Internal 
                        Revenue Service or any executive department, 
                        establishment, or agency charged with their 
                        administration; and
                            (C) Other investigations.--To make such 
                        other investigations in respect of such system 
                        of taxes as the Joint Committee may deem 
                        necessary.
                (2) Simplification of law.--
                            (A) Investigation of methods.--To 
                        investigate measures and methods for the 
                        simplification of such taxes, particularly the 
                        income tax; and
                            (B) Publication of proposals.--To publish, 
                        from time to time, for public examination and 
                        analysis, proposed measures and methods for the 
                        simplification of such taxes.
                (3) Reports.--
                            (A) To report, from time to time, to the 
                        Committee on Finance and the Committee on Ways 
                        and Means, and, in its discretion, to the Senate 
                        or House of Representatives, or both, the 
                        results of its investigations, together with 
                        such recommendations as it may deem advisable.
                            (B) Subject to amounts specifically 
                        appropriated to carry out this subparagraph, to 
                        report, at least once each Congress, to the 
                        Committee on Finance and the Committee on Ways 
                        and Means on the overall state of the Federal 
                        tax system, together with recommendations with 
                        respect to possible simplification proposals and 
                        other matters relating to the administration of 
                        the Federal tax system as it may deem advisable.
                            (C) To report, for each calendar year after 
                        1998 and before 2004, to the Committees on 
                        Finance, Appropriations, and Governmental 
                        Affairs of the Senate, and to the Committees on 
                        Ways and Means, Appropriations, and Government 
                        Reform and Oversight of the House of 
                        Representatives, with respect to--

                                (i) strategic and business plans for the 
                            Internal Revenue Service;

                                (ii) progress of the Internal Revenue 
                            Service in meeting its objectives;

[[Page 838]]

                                (iii) the budget for the Internal 
                            Revenue Service and whether it supports its 
                            objectives;

                                (iv) progress of the Internal Revenue 
                            Service in improving taxpayer service and 
                            compliance;

                                (v) progress of the Internal Revenue 
                            Service on technology modernization; and

                                (vi) the annual filing season.

                (4) Cross reference.--
                            For duties of the Joint Committee relating 
                        to refunds of income and estate taxes, see 
                        section 6405. (Aug. 16, 1954, ch. 736, 68A Stat. 
                        927; July 22, 1998, Pub. L. 105-206, 
                        Sec. 4002(a), 112 Stat. 784.)
      1055  Sec. 8023. Additional powers to obtain data.
            (a) Securing of data
                The Joint Committee or the Chief of Staff of the Joint 
            Committee, upon approval of the Chairman or Vice Chairman, 
            is authorized to secure directly from the Internal Revenue 
            Service or the office of the Chief Counsel for the Internal 
            Revenue Service, or directly from any executive department, 
            board, bureau, agency, independent establishment, or 
            instrumentality of the Government, information, suggestions, 
            rulings, data, estimates, and statistics, for the purpose of 
            making investigations, reports, and studies relating to 
            internal revenue taxation. In the investigation by the Joint 
            Committee on Taxation of the administration of the internal 
            revenue taxes by the Internal Revenue Service, the Chief of 
            Staff of the Joint Committee on Taxation is authorized to 
            secure directly from the Internal Revenue Service such tax 
            returns, or copies of tax returns, and other relevant 
            information, as the Chief of Staff deems necessary for such 
            investigation, and the Internal Revenue Service is 
            authorized and directed to furnish such tax returns and 
            information to the Chief of Staff together with a brief 
            report, with respect to each return, as to any action taken 
            or proposed to be taken by the Service as a result of any 
            audit of the return.
            (b) Furnishing of data
                The Internal Revenue Service, the office of the Chief 
            Counsel for the Internal Revenue Service, executive 
            departments, boards, bureaus, agencies, independent 
            establishments, and instrumentalities are authorized and 
            directed to furnish such information, suggestions, rulings, 
            data, estimates, and statistics directly to the Joint 
            Committee or to the Chief of Staff of the Joint Committee, 
            upon request made pursuant to this section.
            (c) Application of subsections (a) and (b)
                Subsections (a) and (b) shall be applied in accordance 
            with their provisions without regard to any reorganization 
            plan becoming effective on, before, or after the date of the 
            enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A 
            Stat. 928; Sept. 22, 1959, Pub. L. 86-368, Sec. 2(b), 73 
            Stat. 648; Oct. 4, 1976, Pub. L. 94-455, Sec. Sec. 1210(c), 
            1907(a)(4), 90 Stat. 1711, 1835.)

[[Page 839]]



            
              SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS

            
                  Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND

                                    * * * * * * *

      1056  Sec. 9009. Reports to Congress; regulations.
            (a) Reports
                The Commission shall, as soon as practicable after each 
            presidential election, submit a full report to the Senate 
            and House of Representatives setting forth--
                            (1) the qualified campaign expenses (shown 
                        in such detail as the Commission determines 
                        necessary) incurred by the candidates of each 
                        political party and their authorized committees;
                            (2) the amounts certified by it under 
                        section 9005 for payment to the eligible 
                        candidates for each political party;
                            (3) the amount of payments, if any, required 
                        from such candidates under section 9007, and the 
                        reasons for each payment required;
                            (4) the expenses incurred by the national 
                        committee of a major party or minor party with 
                        respect to a presidential nominating convention;
                            (5) the amounts certified by it under 
                        section 9008(g) for payment to each such 
                        committee; and
                            (6) the amount of payments, if any, required 
                        from such committees under section 9008(h), and 
                        the reasons for each such payment.

            Each report submitted pursuant to this section shall be 
            printed as a Senate document.

            (b) Regulations, etc
                The Commission is authorized to prescribe such rules and 
            regulations in accordance with the provisions of subsection 
            (c), to conduct such examinations and audits (in addition to 
            the examinations and audits required by section 9007(a)), to 
            conduct such investigations, and to require the keeping and 
            submission of such books, records, and information, as it 
            deems necessary to carry out the functions and duties 
            imposed on it by this chapter.
             (c) Review of regulations
                (1) The Commission, before prescribing any rule or 
            regulation under subsection (b), shall transmit a statement 
            with respect to such rule or regulation to the Senate and to 
            the House of Representatives, in accordance with the 
            provisions of this subsection. Such statement shall set 
            forth the proposed rule or regulation and shall contain a 
            detailed explanation and justification of such rule or 
            regulation.
                (2) If either such House does not, through appropriate 
            action, disapprove the proposed rule or regulation set forth 
            in such statement no later than 30 legislative days after 
            receipt of such statement, then the Commission may prescribe 
            such rule or regulation. Whenever a committee of the House 
            of Representatives reports any resolution relating to any 
            such rule or regulation, it is at any time thereafter in 
            order (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

[[Page 840]]

            is not in order, and it is not in order to move to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to. The Commission may not prescribe any rule or 
            regulation which is disapproved by either such House under 
            this paragraph.
                (3) For purposes of this subsection, the term 
            ``legislative days'' does not include any calendar day on 
            which both Houses of the Congress are not in session.
                (4) For purposes of this subsection, the term ``rule or 
            regulation'' means a provision or series of interrelated 
            provisions stating a single separable rule of law. (Dec. 10, 
            1971, Pub. L. 92-178, Sec. 801, 85 Stat. 569; Oct. 15, 1974, 
            Pub. L. 93-443, Sec. Sec. 404(c)(12), (13), 406(b), 88 Stat. 
            1292, 1296; May 11, 1976, Pub. L. 94-283, Sec. 304(a), 90 
            Stat. 498.)

                                    * * * * * * *

            
             Chapter 96.--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

                                    * * * * * * *

      1057  Sec. 9039. Reports to Congress; regulations.
            (a) Reports
                The Commission shall, as soon as practicable after each 
            matching payment period, submit a full report to the Senate 
            and House of Representatives setting forth--
                            (1) the qualified campaign expenses (shown 
                        in such detail as the Commission determines 
                        necessary) incurred by the candidates of each 
                        political party and their authorized committees,
                            (2) the amounts certified by it under 
                        section 9036 for payment to each eligible 
                        candidate, and
                            (3) the amount of payments, if any, required 
                        from candidates under section 9038, and the 
                        reasons for each payment required.

            Each report submitted pursuant to this section shall be 
            printed as a Senate document.

            (b) Regulations, etc
                The Commission is authorized to prescribe rules and 
            regulations in accordance with the provisions of subsection 
            (c), to conduct examinations and audits (in addition to the 
            examinations and audits required by section 9038(a)), to 
            conduct investigations, and to require the keeping and 
            submission of any books, records, and information, which it 
            determines to be necessary to carry out its responsibilities 
            under this chapter.
            (c) Review of regulations
                (1) The Commission, before prescribing any rule or 
            regulation under subsection (b), shall transmit a statement 
            with respect to such rule or regulation to the Senate and to 
            the House of Representatives, in accordance with the 
            provisions of this subsection. Such statement shall set 
            forth the proposed rule or regulation and shall contain a 
            detailed explanation and justification of such rule or 
            regulation.
                (2) If either such House does not, through appropriate 
            action, disapprove the proposed rule or regulation set forth 
            in such statement no later than 30 legislative days after 
            receipt of such statement, then the Commission may prescribe 
            such rule or regulation. Whenever a committee of the House 
            of Representatives reports any resolution relat

[[Page 841]]

            ing to any such rule or regulation, it is at any time 
            thereafter in order (even though a previous motion to the 
            same effect has been disagreed to) to move to proceed to the 
            consideration of the resolution. The motion is highly 
            privileged and is not debatable. An amendment to the motion 
            is not in order, and it is not in order to move to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to. The Commission may not prescribe any rule or 
            regulation which is disapproved by either such House under 
            this paragraph.
                (3) For purposes of this subsection, the term 
            ``legislative days'' does not include any calendar day on 
            which both Houses of the Congress are not in session.
                (4) For purposes of this subsection, the term ``rule or 
            regulation'' means a provision or series of interrelated 
            provisions stating a single separable rule of law. (Oct. 15, 
            1974, Pub. L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11, 
            1976, Pub. L. 94-283, Sec. 304(b), 90 Stat. 499.)

                                    * * * * * * *

            
                            SUBTITLE I.--TRUST FUND CODE

            
                            Chapter 98.--TRUST FUND CODE

                                    * * * * * * *

            
                          Subchapter B.--General Provisions

                                    * * * * * * *

      1058  Sec. 9602. Management of trust funds.
            (a) Report
                It shall be the duty of the Secretary of the Treasury to 
            hold each Trust Fund established by subchapter A, and (after 
            consultation with any other trustees of the Trust Fund) to 
            report to the Congress each year on the financial condition 
            and the results of the operations of each such Trust Fund 
            during the preceding fiscal year and on its expected 
            condition and operations during the next 5 fiscal years. 
            Such report shall be printed as a House document of the 
            session of the Congress to which the report is made. (Dec. 
            29, 1981, Pub. L. 97-119, Sec. 103(a), 95 Stat. 1638.)
                     28 u.s.c.--judiciary and judicial procedure

                  general and permanent laws relating to the senate


[[Page 842]]


 
                     TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

            
                     Chapter 85.--DISTRICT COURTS; JURISDICTION

      1061  Sec. 1365. Senate actions.
                (a) The United States District Court for the District of 
            Columbia shall have original jurisdiction, without regard to 
            the amount in controversy, over any civil action brought by 
            the Senate or any authorized committee or subcommittee of 
            the Senate to enforce, to secure a declaratory judgment 
            concerning the validity of, or to prevent a threatened 
            refusal or failure to comply with, any subpena or order 
            issued by the Senate or committee or subcommittee of the 
            Senate to any entity acting or purporting to act under color 
            or authority of State law or to any natural person to secure 
            the production of documents or other materials of any kind 
            or the answering of any deposition or interrogatory or to 
            secure testimony or any combination thereof. This section 
            shall not apply to an action to enforce, to secure a 
            declaratory judgment concerning the validity of, or to 
            prevent a threatened refusal to comply with, any subpena or 
            order issued to an officer or employee of the executive 
            branch of the Federal Government acting within his or her 
            official capacity, except that this section shall apply if 
            the refusal to comply is based on the assertion of a 
            personal privilege or objection and is not based on a 
            governmental privilege or objection the assertion of which 
            has been authorized by the executive branch of the Federal 
            Government.
                (b) Upon application by the Senate or any authorized 
            committee or subcommittee of the Senate, the district court 
            shall issue an order to an entity or person refusing, or 
            failing to comply with, or threatening to refuse or not to 
            comply with, a subpena or order of the Senate or committee 
            or subcommittee of the Senate requiring such entity or 
            person to comply forthwith. Any refusal or failure to obey a 
            lawful order of the district court issued pursuant to this 
            section may be held by such court to be a contempt thereof. 
            A contempt proceeding shall be commenced by an order to show 
            cause before the court why the entity or person refusing or 
            failing to obey the court order should not be held in 
            contempt of court. Such contempt proceeding shall be tried 
            by the court and shall be summary in manner. The purpose of 
            sanctions imposed as a result of such contempt proceeding 
            shall be to compel obedience to the order of the court. 
            Process in any such action or contempt proceeding may be 
            served in any judicial district wherein the entity or party 
            refusing, or failing to comply, or threatening to refuse or 
            not to comply, resides, transacts business, or may be found, 
            and subpenas for witnesses who are required to attend such 
            proceeding may run into any other district. Nothing in this 
            section shall confer upon such court jurisdiction to affect 
            by injunction or otherwise the issuance or effect of any 
            subpena or order of the Senate or any committee or 
            subcommittee of the Senate or to review, modify, suspend, 
            terminate, or set aside any such subpena or order. An 
            action, contempt proceeding, or sanction brought or imposed 
            pursuant to this section shall not abate

[[Page 843]]

            upon adjournment sine die by the Senate at the end of a 
            Congress if the Senate or the committee or subcommittee of 
            the Senate which issued the subpena or order certifies to 
            the court that it maintains its interest in securing the 
            documents, answers, or testimony during such adjournment.
                [(c) Repealed. Pub. L. 98-620, Title IV, 
            Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359]
                (d) The Senate or any committee or subcommittee of the 
            Senate commencing and prosecuting a civil action or contempt 
            proceeding under this section may be represented in such 
            action by such attorneys as the Senate may designate.
                (e) A civil action commenced or prosecuted under this 
            section, may not be authorized pursuant to the Standing 
            Order of the Senate ``authorizing suits by Senate 
            Committees'' (S. Jour. 572, May 28, 1928).
                (f) For the purposes of this section the term 
            ``committee'' includes standing, select, or special 
            committees of the Senate established by law or resolution.

            (Added Pub. L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26, 
            1978, 92 Stat. 1879, Sec. 1364, and amended Pub. L. 98-620, 
            Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359; 
            renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B), June 
            19, 1986, 100 Stat. 638; Pub. L. 104-292, Sec. 4, Oct. 11, 
            1996, 110 Stat. 3460.)

            
                 Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS

      1062  Sec. 1492. Congressional reference cases.
                Any bill, except a bill for a pension, may be referred 
            by either House of Congress to the chief judge of the United 
            States Court of Federal Claims for a report in conformity 
            with section 2509 of this title. (June 25, 1948, ch. 646, 62 
            Stat. 941; Oct. 15, 1966, Pub. L. 89-681, Sec. 1, 80 Stat. 
            958. April 2, 1982, Pub. L. 97-164, Title I, 133(b), 96 
            Stat. 40; Oct. 29, 1992, Pub. L. 102-572, Title IX, 
            Sec. 902(a)(1), 106 Stat. 4516.)

            
                         Chapter 115.--EVIDENCE; DOCUMENTARY

      1063  Sec. 1736. Congressional Journals.
                Extracts from the Journals of the Senate and the House 
            of Representatives, and from the Executive Journal of the 
            Senate when the injunction of secrecy is removed, certified 
            by the Secretary of the Senate or the Clerk of the House of 
            Representatives shall be received in evidence with the same 
            effect as the originals would have. (June 25, 1948, ch. 646, 
            Sec. 1, 62 Stat. 947.)

            
                            Chapter 131.--RULES OF COURTS

      1064  Sec. 2076. [Repealed] (Pub. L. 100-702, Sec. 401(c), 102 
                Stat. 4650).

            
                Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS 
                                     PROCEDURE

      1065  Sec. 2509. Congressional reference cases.
                (a) Whenever a bill, except a bill for a pension, is 
            referred by either House of Congress to the chief judge of 
            the United States Court of

[[Page 844]]

            Federal Claims pursuant to section 1492 of this title, the 
            chief judge shall designate a judge as hearing officer for 
            the case and a panel of three judges of the court to serve 
            as a reviewing body. One member of the review panel shall be 
            designated as presiding officer of the panel.
                (b) Proceedings in a congressional reference case shall 
            be under rules and regulations prescribed for the purpose by 
            the chief judge who is hereby authorized and directed to 
            require the application of the pertinent rules of practice 
            of the Court of Federal Claims insofar as feasible. Each 
            hearing officer and each review panel shall have authority 
            to do and perform any acts which may be necessary or proper 
            for the efficient performance of their duties, including the 
            power of subpena and the power to administer oaths and 
            affirmations. None of the rules, rulings, findings, or 
            conclusions authorized by this section shall be subject to 
            judicial review.
                (c) The hearing officer to whom a congressional 
            reference case is assigned by the chief judge shall proceed 
            in accordance with the applicable rules to determine the 
            facts, including facts relating to delay or laches, facts 
            bearing upon the question whether the bar of any statute of 
            limitation should be removed, or facts claimed to excuse the 
            claimant for not having resorted to any established legal 
            remedy. He shall append to his findings of fact conclusions 
            sufficient to inform Congress whether the demand is a legal 
            or equitable claim or a gratuity, and the amount, if any, 
            legally or equitably due from the United States to the 
            claimant.
                (d) The findings and conclusions of the hearing officer 
            shall be submitted by him, together with the record in the 
            case, to the review panel for review by it pursuant to such 
            rules as may be provided for the purpose, which shall 
            include provision for submitting the report of the hearing 
            officer to the parties for consideration, exception, and 
            argument before the panel. The panel, by majority vote, 
            shall adopt or modify the findings or the conclusions of the 
            hearing officer.
                (e) The panel shall submit its report to the chief judge 
            for transmission to the appropriate House of Congress.
                (f) Any act or failure to act or other conduct by a 
            party, a witness, or an attorney which would call for the 
            imposition of sanctions under the rules of practice of the 
            Court of Federal Claims shall be noted by the panel or the 
            hearing officer at the time of occurrence thereof and upon 
            failure of the delinquent or offending party, witness, or 
            attorney to make prompt compliance with the order of the 
            panel or the hearing officer a full statement of the 
            circumstances shall be incorporated in the report of the 
            panel.
                (g) The Court of Federal Claims is hereby authorized and 
            directed, under such regulations as it may prescribe, to 
            provide the facilities and services of the office of the 
            clerk of the court for the filing, processing, hearing, and 
            dispatch of congressional reference cases and to include 
            within its annual appropriations the costs thereof and other 
            costs of administration, including (but without limitation 
            to the items herein listed) the salaries and traveling 
            expenses of the judges serving as hearing officers and panel 
            members, mailing and service of process, necessary physical 
            facilities, equipment, and supplies, and personnel 
            (including secretaries and law clerks). (Oct. 15, 1966, Pub. 
            L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982, Pub. L. 97-
            164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29, 1992, Pub. 
            L. 102-572, Title IX, Sec. 902(a), 106 Stat. 4516.)
                            31 u.s.c.--money and finance

                  general and permanent laws relating to the senate

[[Page 845]]


 
                            TITLE 31.--MONEY AND FINANCE

            
                        Chapter 7.--GENERAL ACCOUNTING OFFICE

      1070  Sec. 701. Definitions.
                In this chapter--
                            (1) ``agency'' includes the District of 
                        Columbia government but does not include the 
                        legislative branch or the Supreme Court.
                            (2) ``appropriations'' means appropriated 
                        amounts and includes, in appropriate context--

                                (A) funds;

                                (B) authority to make obligations by 
                            contract before appropriations; and

                                (C) other authority making amounts 
                            available for obligation or expenditure. 
                            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 
                            887.)

      1071  Sec. 712. Investigating the use of public money.
                The Comptroller General shall--
                            (1) investigate all matters related to the 
                        receipt, disbursement, and use of public money;
                            (2) estimate the cost to the United States 
                        Government of complying with each restriction on 
                        expenditures of a specific appropriation in a 
                        general appropriation law and report each 
                        estimate to Congress with recommendations the 
                        Comptroller General considers desirable;
                            (3) analyze expenditures of each executive 
                        agency the Comptroller General believes will 
                        help Congress decide whether public money has 
                        been used and expended economically and 
                        efficiently;
                            (4) make an investigation and report ordered 
                        by either House of Congress or a committee of 
                        Congress having jurisdiction over revenue, 
                        appropriations, or expenditures; and
                            (5) give a committee of Congress having 
                        jurisdiction over revenue, appropriations, or 
                        expenditures, the help and information the 
                        committee requests. (Pub. L. 97-258, Sept. 13, 
                        1982, 96 Stat. 889.)
      1072  Sec. 717. Evaluating programs and activities of the United 
                States Government.
                (a) In this section, ``agency'' means a department, 
            agency, or instrumentality of the United States Government 
            (except a mixed-ownership Government corporation) or the 
            District of Columbia government.
                (b) The Comptroller General shall evaluate the results 
            of a program or activity the Government carries out under 
            existing law--
                            (1) on the initiative of the Comptroller 
                        General;
                            (2) when either House of Congress orders an 
                        evaluation; or
                            (3) when a committee of Congress with 
                        jurisdiction over the program or activity 
                        requests the evaluation.
                (c) The Comptroller General shall develop and recommend 
            to Congress ways to evaluate a program or activity the 
            Government carries out under existing law.

[[Page 846]]

                (d)(1) On request of a committee of Congress, the 
            Comptroller General shall help the committee to--
                            (A) develop a statement of legislative goals 
                        and ways to assess and report program 
                        performance related to the goals, including 
                        recommended ways to assess performance, 
                        information to be reported, responsibility for 
                        reporting, frequency of reports, and feasibility 
                        of pilot testing; and
                            (B) assess program evaluations prepared by 
                        and for an agency.
                (2) On request of a member of Congress, the Comptroller 
            General shall give the member a copy of the material the 
            Comptroller General compiles in carrying out this subsection 
            that has been released by the committee for which the 
            material was compiled. (Pub. L. 97-258, Sept. 13, 1982, 96 
            Stat. 893.)
      1073  Sec. 718. Availability of draft reports.
                (a) A draft report of an audit under section 714 of this 
            title shall be submitted to the Financial Institutions 
            Examination Council, the Federal Reserve Board, the Federal 
            Deposit Insurance Corporation, or the Office of the 
            Comptroller of the Currency for comment for 30 days.
                (b)(1) The Comptroller General may submit a part of a 
            draft report to an agency for comment for more than 30 days 
            only if the Comptroller General decides, after a showing by 
            the agency, that a longer period is necessary and likely to 
            result in a more accurate report. The report may not be 
            delayed because the agency does not comment within the 
            comment period.
                (2) When a draft report is submitted to an agency for 
            comment, the Comptroller General shall make the draft report 
            available on request to--
                            (A) either House of Congress, a committee of 
                        Congress, or a member of Congress if the report 
                        was begun because of a request of the House, 
                        committee, or member; or
                            (B) the Committee on Governmental Affairs of 
                        the Senate and the Committee on Government 
                        Operations of the House of Representatives if 
                        the report was not begun because of a request of 
                        either House of Congress, a committee of 
                        Congress, or a member of Congress.
                (3) This subsection is subject to statutory and 
            executive order guidelines for handling and storing 
            classified information and material.
                (c) A final report of the Comptroller General shall 
            include--
                            (1) a statement of significant changes of a 
                        finding, conclusion, or recommendation in an 
                        earlier draft report because of comments on the 
                        draft by an agency;
                            (2) a statement of the reasons the changes 
                        were made; and
                            (3) for a draft report submitted under 
                        subsection (a) of this section, written comments 
                        of the agency submitted during the comment 
                        period. (Pub. L. 97-258, Sept. 13, 1982, 96 
                        Stat. 894.)
      1074  Sec. 719. Comptroller General reports.
                (a) At the beginning of each regular session of 
            Congress, the Comptroller General shall report to Congress 
            (and to the President when requested by the President) on 
            the work of the Comptroller General. A report shall include 
            recommendations on--

[[Page 847]]

                            (1) legislation the Comptroller General 
                        considers necessary to make easier the prompt 
                        and accurate making and settlement of accounts; 
                        and
                            (2) other matters related to the receipt, 
                        disbursement, and use of public money the 
                        Comptroller General considers advisable.
                (b)(1) The Comptroller General shall include in the 
            report to Congress under subsection (a) of this section--
                            (A) a review of activities under sections 
                        717 (b)-(d) and 731(e)(2) of this title, 
                        including recommendations under section 717(c) 
                        of this title;
                            (B) information on carrying out duties and 
                        powers of the Comptroller General under clauses 
                        (A) and (C) of this paragraph, subsections (g) 
                        and (h) of this section, and sections 717, 
                        731(e)(2), 734, 1112, and 1113 of this title; 
                        and
                            (C) the name of each officer and employee of 
                        the General Accounting Office assigned or 
                        detailed to a committee of Congress, the 
                        committee to which the officer or employee is 
                        assigned or detailed, the length of the period 
                        of assignment or detail, a statement on whether 
                        the assignment or detail is finished or 
                        continuing, and compensation paid out of 
                        appropriations available to the Comptroller 
                        General for the period of the assignment or 
                        detail that has been completed.
                (2) In a report under subsection (a) of this section or 
            in a special report to Congress when Congress is in session, 
            the Comptroller General shall include recommendations on 
            greater economy and efficiency in public expenditures.
                (3) The report under subsection (a) shall also include a 
            statement of the staff hours and estimated cost of work 
            performed on audits, evaluations, investigations, and 
            related work during each of the three fiscal years preceding 
            the fiscal year in which the report is submitted, stated 
            separately for each division of the General Accounting 
            Office by category as follows:
                            (A) A category for work requested by the 
                        chairman of a committee of Congress, the 
                        chairman of a subcommittee of such a committee, 
                        or any other Member of Congress.
                            (B) A category for work required by law to 
                        be performed by the Comptroller General.
                            (C) A category for work initiated by the 
                        Comptroller General in the performance of the 
                        Comptroller General's general responsibilities.
                (c) The Comptroller General shall report to Congress--
                            (1) specially on expenditures and contracts 
                        an agency makes in violation of law;
                            (2) on the adequacy and effectiveness of--

                                (A) administrative audits of accounts 
                            and claims in an agency; and

                                (B) inspections by an agency of offices 
                            and accounts of fiscal officials; and

                            (3) as frequently as practicable on audits 
                        carried out under sections 713 and 714 of this 
                        title.
                (d) The Comptroller General shall report on analyses 
            carried out under section 712(3) of this title to the 
            Committees on Governmental Affairs and Appropriations of the 
            Senate, the Committees on Government Oper

[[Page 848]]

            ations and Appropriations of the House, and the committees 
            with jurisdiction over legislation related to the operation 
            of each executive agency.
                (e) The Comptroller General shall give the President 
            information on expenditures and accounting the President 
            requests.
                (f) When the Comptroller General submits a report to 
            Congress, the Comptroller General shall deliver copies of 
            the report to--
                            (1) the Committees on Governmental Affairs 
                        and Appropriations of the Senate;
                            (2) the Committees on Government Operations 
                        and Appropriations of the House;
                            (3) a committee of Congress that requested 
                        information on any part of a program or activity 
                        of a department, agency, or instrumentality of 
                        the United States Government (except a mixed-
                        ownership Government corporation) or the 
                        District of Columbia government that is the 
                        subject of any part of a report; and
                            (4) any other committee of Congress 
                        requesting a copy.
                (g)(1) The Comptroller General shall prepare--
                            (A) each month a list of reports issued 
                        during the prior month; and
                            (B) at least once each year a list of 
                        reports issued during the prior 12 months.
                (2) A copy of each list shall be sent to each committee 
            of Congress and each member of Congress. On request, the 
            Comptroller General promptly shall provide a copy of a 
            report to a committee or member.
                (h) On request of a committee of Congress, the 
            Comptroller General shall explain to and discuss with the 
            committee or committee staff a report the Comptroller 
            General makes that would help the committee--
                            (1) evaluate a program or activity of an 
                        agency within the jurisdiction of the committee; 
                        or
                            (2) in its consideration of proposed 
                        legislation.
                [(i) Redesignated (h)]

            (As amended Pub. L. 104-316, Title I, Sec. 115(b), Oct. 19, 
            1996, 110 Stat. 3834; Pub. L. 105-85, Div. A, Title X, 
            Sec. 1044, Nov. 18, 1997, 111 Stat. 1887.)

      1075  Sec. 720. Agency reports.
                (a) In this section, ``agency'' means a department, 
            agency, or instrumentality of the United States Government 
            (except a mixed-ownership Government corporation) or the 
            District of Columbia government.
                (b) When the Comptroller General makes a report that 
            includes a recommendation to the head of an agency, the head 
            of the agency shall submit a written statement on action 
            taken on the recommendation by the head of the agency. The 
            statement shall be submitted to--
                            (1) The Committee on Governmental Affairs of 
                        the Senate and the Committee on Government 
                        Operations of the House of Representatives 
                        before the 61st day after the date of the 
                        report; and
                            (2) The Committees on Appropriations of both 
                        Houses of Congress in the first request for 
                        appropriations submitted more than 60 days after 
                        the date of the report. (Pub. L. 97-258, Sept. 
                        13, 1982, 96 Stat. 896.)
      1076  Sec. 734. Assignments and details to Congress.
                The Comptroller General may assign or detail an officer 
            or employee of the General Accounting Office to full-time 
            continuous duty with a

[[Page 849]]

            committee of Congress for not more than one year. (Pub. L. 
            97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-367, Title 
            I, Sec. 8, July 17, 1984, 98 Stat. 475.)

            
              Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM 
                                    INFORMATION

      1077  Sec. 1101. Definitions.
                In this chapter--
                            (1) ``agency'' includes the District of 
                        Columbia government but does not include the 
                        legislative branch or the Supreme Court.
                            (2) ``appropriations'' means appropriated 
                        amounts and includes, in appropriate context--

                                (A) funds;

                                (B) authority to make obligations by 
                            contract before appropriations; and

                                (C) other authority making amounts 
                            available for obligation or expenditure. 
                            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 
                            907.)

      1078  Sec. 1102. Fiscal year.
                The fiscal year of the Treasury begins on October 1 of 
            each year and ends on September 30 of the following year. 
            Accounts of receipts and expenditures required under law to 
            be published each year shall be published for the fiscal 
            year. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
      1079  Sec. 1103. Budget ceiling.
                Congress reaffirms its commitment that budget outlays of 
            the United States Government for a fiscal year may be not 
            more than the receipts of the Government for that year. 
            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
      1080  Sec. 1104. Budget and appropriations authority of the 
                President.
                (a) The President shall prepare budgets of the United 
            States Government under section 1105 of this title and 
            proposed deficiency and supplemental appropriations under 
            section 1107 of this title. To the extent practicable, the 
            President shall use uniform terms in stating the purposes 
            and conditions of appropriations.
                (b) Except as provided in this chapter, the President 
            shall prescribe the contents and order of statements in the 
            budget on expenditures and estimated expenditures and 
            statements on proposed appropriations and information 
            submitted with the budget and proposed appropriations. The 
            President shall include with the budget and proposed 
            appropriations information on personnel and other objects of 
            expenditure in the way that information was included in the 
            budget for fiscal year 1950. However, the requirement that 
            information be included in the budget in that way may be 
            waived or changed by joint action of the Committees on 
            Appropriations of both Houses of Congress. This subsection 
            does not limit the authority of a committee of Congress to 
            request information in a form it prescribes.
                (c) When the President makes a basic change in the form 
            of the budget, the President shall submit with the budget 
            information showing where items in the budget for the prior 
            fiscal year are contained in the present budget. However, 
            the President may change the functional

[[Page 850]]

            categories in the budget only in consultation with the 
            Committees on Appropriations and on the Budget of both 
            Houses of Congress. Committees of the House of 
            Representatives and Senate shall receive prompt notification 
            of all such changes.
                (d) The President shall develop programs and prescribe 
            regulations to improve the compilation, analysis, 
            publication, and dissemination of statistical information by 
            executive agencies. The President shall carry out this 
            subsection through the Administrator for the Office of 
            Information and Regulatory Affairs in the Office of 
            Management and Budget.
                (e) Under regulations prescribed by the President, each 
            agency shall provide information required by the President 
            in carrying out this chapter. The President has access to, 
            and may inspect, records of an agency to obtain information. 
            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-
            177, Dec. 12, 1985, 99 Stat. 1060.)
      1081  Sec. 1105. Budget contents and submission to Congress.
                (a) On or after the first Monday in January but not 
            later than the first Monday in February of each year, the 
            President shall submit a budget of the United States 
            Government for the following fiscal year. Each budget shall 
            include a budget message and summary and supporting 
            information. The President shall include in each budget the 
            following:
                            (1) information on activities and functions 
                        of the Government.
                            (2) when practicable, information on costs 
                        and achievements of Government programs.
                            (3) other desirable classifications of 
                        information.
                            (4) a reconciliation of the summary 
                        information on expenditures with proposed 
                        appropriations.
                            (5) except as provided in subsection (b) of 
                        this section, estimated expenditures and 
                        proposed appropriations the President decides 
                        are necessary to support the Government in the 
                        fiscal year for which the budget is submitted 
                        and the 4 fiscal years after that year.
                            (6) estimated receipts of the Government in 
                        the fiscal year for which the budget is 
                        submitted and the 4 fiscal years after that year 
                        under--

                                (A) laws in effect when the budget is 
                            submitted; and

                                (B) proposals in the budget to increase 
                            revenues.

                            (7) appropriations, expenditures, and 
                        receipts of the Government in the prior fiscal 
                        year.
                            (8) estimated expenditures and receipts, and 
                        appropriations and proposed appropriations, of 
                        the Government for the current fiscal year.
                            (9) balanced statements of the--

                                (A) condition of the Treasury at the end 
                            of the prior fiscal year;

                                (B) estimated condition of the Treasury 
                            at the end of the current fiscal year; and

                                (C) estimated condition of the Treasury 
                            at the end of the fiscal year for which the 
                            budget is submitted if financial proposals 
                            in the budget are adopted.

                            (10) essential information about the debt of 
                        the Government.
                            (11) other financial information the 
                        President decides is desirable to explain in 
                        practicable detail the financial condition of 
                        the Government.

[[Page 851]]

                            (12) for each proposal in the budget for 
                        legislation that would establish or expand a 
                        Government activity or function, a table 
                        showing--

                                (A) the amount proposed in the budget 
                            for appropriation and for expenditure 
                            because of the proposal in the fiscal year 
                            for which the budget is submitted; and

                                (B) the estimated appropriation required 
                            because of the proposal for each of the 4 
                            fiscal years after that year that the 
                            proposal will be in effect.

                            (13) an allowance for additional estimated 
                        expenditures and proposed appropriations for the 
                        fiscal year for which the budget is submitted.
                            (14) an allowance for unanticipated 
                        uncontrollable expenditures for that year.
                            (15) a separate statement on each of the 
                        items referred to in section 301(a) (1)-(5) of 
                        the Congressional Budget Act of 1974 (2 U.S.C. 
                        632(a) (1)-(5)).
                            (16) the level of tax expenditures under 
                        existing law in the tax expenditures budget (as 
                        defined in section 3(a)(3) of the Congressional 
                        Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the 
                        fiscal year for which the budget is submitted, 
                        considering projected economic factors and 
                        changes in the existing levels based on 
                        proposals in the budget.
                            (17) information on estimates of 
                        appropriations for the fiscal year following the 
                        fiscal year for which the budget is submitted 
                        for grants, contracts, and other payments under 
                        each program for which there is an authorization 
                        of appropriations for that following fiscal year 
                        when the appropriations are authorized to be 
                        included in an appropriation law for the fiscal 
                        year before the fiscal year in which the 
                        appropriation is to be available for obligation.
                            (18) a comparison of the total amount of 
                        budget outlays for the prior fiscal year, 
                        estimated in the budget submitted for that year, 
                        for each major program having relatively 
                        uncontrollable outlays with the total amount of 
                        outlays for that program in that year.
                            (19) a comparison of the total amount of 
                        receipts for the prior fiscal year, estimated in 
                        the budget submitted for that year, with 
                        receipts received in that year, and for each 
                        major source of receipts, a comparison of the 
                        amount of receipts estimated in that budget with 
                        the amount of receipts from that source in that 
                        year.
                            (20) an analysis and explanation of the 
                        differences between each amount compared under 
                        clauses (18) and (19) of this subsection.
                            (21) a horizontal budget showing--

                                (A) the programs for meteorology and of 
                            the National Climate Program established 
                            under section 5 of the National Climate 
                            Program Act (15 U.S.C. 2904);

                                (B) specific aspects of the program of, 
                            and appropriations for, each agency; and

                                (C) estimated goals and financial 
                            requirements.

                            (22) a statement of budget authority, 
                        proposed budget authority, budget outlays, and 
                        proposed budget outlays, and descriptive 
                        information in terms of--

[[Page 852]]

                                (A) a detailed structure of national 
                            needs that refers to the missions and 
                            programs of agencies (as defined in section 
                            101 of this title); and

                                (B) the missions and basic programs.

                            (23) separate appropriation accounts for 
                        appropriations under the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 651 et seq.) and 
                        the Federal Mine Safety and Health Act of 1977 
                        (30 U.S.C. 801 et seq.).
                            (24) recommendations on the return of 
                        Government capital to the Treasury by a mixed-
                        ownership corporation (as defined in section 
                        9101(2) of this title) that the President 
                        decides are desirable.
                            (25) a separate appropriation account for 
                        appropriations for each Office of Inspector 
                        General of an establishment defined under 
                        section 11(2) of the Inspector General Act of 
                        1978.
                            (26) a separate statement of the amount of 
                        appropriations requested for the Office of 
                        National Drug Control Policy and each program of 
                        the National Drug Control Program.
                            (27) a separate statement of the amount of 
                        appropriations requested for the Office of 
                        Federal Financial Management.
                            (28) beginning with fiscal year 1999, a 
                        Federal Government performance plan for the 
                        overall budget as provided for under section 
                        1115.
                            (29) information about the Violent Crime 
                        Reduction Trust Fund, including a separate 
                        statement of amounts in that Trust Fund.
                            (30) an analysis displaying, by agency, 
                        proposed reductions in full-time equivalent 
                        positions compared to the current year's level 
                        in order to comply with section 5 of the Federal 
                        Workforce Restructuring Act of 1994.
                            (31) a separate statement of the amount of 
                        appropriations requested for the Chief Financial 
                        Officer in the Executive Office of the 
                        President.
                            (32) a statement of the levels of budget 
                        authority and outlays for each program assumed 
                        to be extended in the baseline as provided in 
                        section 257(b)(2)(A) and for excise taxes 
                        assumed to be extended under section 
                        257(b)(2)(C) of the Balanced Budget and 
                        Emergency Deficit Control Act of 1985.
                            (33) a separate appropriation account for 
                        appropriations for the Inspectors General 
                        Criminal Investigator Academy and the Inspectors 
                        General Forensic Laboratory of the Department of 
                        the Treasury.
                            (34) with respect to the amount of 
                        appropriations requested for use by the Export-
                        Import Bank of the United States, a separate 
                        statement of the amount requested for its 
                        program budget, the amount requested for its 
                        administrative expenses, and of the amount 
                        requested for its administrative expenses, the 
                        amount requested for technology expenses.
                (b) Estimated expenditures and proposed appropriations 
            for the legislative branch and the judicial branch to be 
            included in each budget under subsection (a)(5) of this 
            section shall be submitted to the President before October 
            16 of each year and included in the budget by the President 
            without change.
                (c) The President shall recommend in the budget 
            appropriate action to meet an estimated deficiency when the 
            estimated receipts for the fiscal year for which the budget 
            is submitted (under laws in effect when

[[Page 853]]

            the budget is submitted) and the estimated amounts in the 
            Treasury at the end of the current fiscal year available for 
            expenditure in the fiscal year for which the budget is 
            submitted, are less than the estimated expenditures for that 
            year. The President shall make recommendations required by 
            the public interest when the estimated receipts and 
            estimated amounts in the Treasury are more than the 
            estimated expenditures.
                (d) When the President submits a budget or supporting 
            information about a budget, the President shall include a 
            statement on all changes about the current fiscal year that 
            were made before the budget or information was submitted.
                (e)(1) The President shall submit with materials related 
            to each budget transmitted under subsection (a) on or after 
            January 1, 1985, an analysis for the ensuing fiscal year 
            that shall identify requested appropriations or new 
            obligational authority and outlays for each major program 
            that may be classified as a public civilian capital 
            investment program and for each major program that may be 
            classified as a military capital investment program, and 
            shall contain summaries of the total amount of such 
            appropriations or new obligational authority and outlays for 
            public civilian capital investment programs and summaries of 
            the total amount of such appropriations or new obligational 
            authority and outlays for military capital investment 
            programs. In addition, the analysis under this paragraph 
            shall contain--
                            (A) an estimate of the current service 
                        levels of public civilian capital investment and 
                        of military capital investment and alternative 
                        high and low levels of such investments over a 
                        period of ten years in current dollars and over 
                        a period of five years in constant dollars;
                            (B) the most recent assessment analysis and 
                        summary, in a standard format, of public 
                        civilian capital investment needs in each major 
                        program area over a period of ten years;
                            (C) an identification and analysis of the 
                        principal policy issues that affect estimated 
                        public civilian capital investment needs for 
                        each major program; and
                            (D) an identification and analysis of 
                        factors that affect estimated public civilian 
                        capital investment needs for each major program, 
                        including but not limited to the following 
                        factors:

                                (i) economic assumptions;

                                (ii) engineering standards;

                                (iii) estimates of spending for 
                            operation and maintenance;

                                (iv) estimates of expenditures for 
                            similar investments by State and local 
                            governments; and

                                (v) estimates of demand for public 
                            services derived from such capital 
                            investments and estimates of the service 
                            capacity of such investments.

            To the extent that any analysis required by this paragraph 
            relates to any program for which Federal financial 
            assistance is distributed under a formula prescribed by law, 
            such analysis shall be organized by State and within each 
            State by major metropolitan area if data are available.

                (2) For purposes of this subsection, any appropriation, 
            new obligational authority, or outlay shall be classified as 
            a public civilian capital investment to the extent that such 
            appropriation, authority, or outlay will be used for the 
            construction, acquisition, or rehabilitation of any physical

[[Page 854]]

            asset that is capable of being used to produce services or 
            other benefits for a number of years and is not classified 
            as a military capital investment under paragraph (3). Such 
            assets shall include (but not be limited to)--
                            (A) roadways or bridges,
                            (B) airports or airway facilities,
                            (C) mass transportation systems,
                            (D) wastewater treatment or related 
                        facilities,
                            (E) water resources projects,
                            (F) hospitals,
                            (G) resource recovery facilities,
                            (H) public buildings,
                            (I) space or communications facilities,
                            (J) railroads, and
                            (K) federally assisted housing.
                (3) For purposes of this subsection, any appropriation, 
            new obligational authority, or outlay shall be classified as 
            a military capital investment to the extent that such 
            appropriation, authority, or outlay will be used for the 
            construction, acquisition, or rehabilitation of any physical 
            asset that is capable of being used to produce services or 
            other benefits for purposes of national defense and security 
            for a number of years. Such assets shall include military 
            bases, posts, installations, and facilities.
                (4) Criteria and guidelines for use in the 
            identification of public civilian and military capital 
            investments, for distinguishing between public civilian and 
            military capital investments, and for distinguishing between 
            major and nonmajor capital investment programs shall be 
            issued by the Director of the Office of Management and 
            Budget after consultation with the Comptroller General and 
            the Congressional Budget Office. The analysis submitted 
            under the subsection shall be accompanied by an explanation 
            of such criteria and guidelines.
                (5) For purposes of this subsection--
                            (A) the term ``construction'' includes the 
                        design, planning, and erection of new structures 
                        and facilities, the expansion of existing 
                        structures and facilities, the reconstruction of 
                        a project at an existing site or adjacent to an 
                        existing site, and the installation of initial 
                        and replacement equipment for such structures 
                        and facilities;
                            (B) the term ``acquisition'' includes the 
                        addition of land, sites, equipment, structures, 
                        facilities, or rolling stock by purchase, lease-
                        purchase, trade, or donation; and
                            (C) the term ``rehabilitation'' includes the 
                        alteration of or correction of deficiencies in 
                        an existing structure or facility so as to 
                        extend the useful life or improve the 
                        effectiveness of the structure or facility, the 
                        modernization or replacement of equipment at an 
                        existing structure or facility, and the 
                        modernization of, or replacement of parts for, 
                        rolling stock.
                (f) \1\ The budget transmitted pursuant to subsection 
            (a) for a fiscal year shall be prepared in a manner 
            consistent with the requirements of the Balanced Budget and 
            Emergency Deficit Control Act of 1985 that apply to that and 
            subsequent fiscal years.
                \1\ Subsection (f) expired on September 30, 2002, 
                pursuant to section 275(b) of the Balanced Budget and 
                Emergency Deficit Control Act of 1985 (2 U.S.C. 900 
                note).

[[Page 855]]

                (g)(1) The Director of the Office of Management and 
            Budget shall establish the funding for advisory and 
            assistance services for each department and agency as a 
            separate object class in each budget annually submitted to 
            the Congress under this section.
                (2)(A) In paragraph (1), except as provided in 
            subparagraph (B), the term ``advisory and assistance 
            services'' means the following services when provided by 
            nongovernmental sources:
                            (i) Management and professional support 
                        services.
                            (ii) Studies, analyses, and evaluations.
                            (iii) Engineering and technical services.
                (B) In paragraph (1), the term ``advisory and assistance 
            services'' does not include the following services:
                            (i) Routine automated data processing and 
                        telecommunications services unless such services 
                        are an integral part of a contract for the 
                        procurement of advisory and assistance services.
                            (ii) Architectural and engineering services, 
                        as defined in section 1102 of Title 40.
                            (iii) Research on basic mathematics or 
                        medical, biological, physical, social, 
                        psychological, or other phenomena.

            (As amended Pub. L. 98-501, Title II, Sec. 203, Oct. 19, 
            1984, 98 Stat. 2324; Pub. L. 99-177, Title II, Sec. 241, 
            Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, Title I, 
            Sec. 106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100-418, 
            Title V, Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 
            100-504, Title I, Sec. 108, Oct. 18, 1988, 102 Stat. 2529; 
            Pub. L. 100-690, Title I, Sec. Sec. 1006, 1009, Nov. 18, 
            1988, 102 Stat. 4187, 4188; Pub. L. 101-508, Title XIII, 
            Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 
            101-576, Title II, Sec. 203(b), Nov. 15, 1990, 104 Stat. 
            2841; Pub. L. 103-62, Sec. 4(a), Aug. 3, 1993, 107 Stat. 
            286; Pub. L. 103-272, Sec. 4(f)(1)(E), July 5, 1994, 108 
            Stat. 1362; Pub. L. 103-322, Title IX, Sec. 90208(a), Title 
            XXXI, Sec. 310001(e), Sept. 13, 1994, 108 Stat. 1995, 2103; 
            Pub. L. 103-355, Title II, Sec. 2454(a), Oct. 13, 1994, 108 
            Stat. 3326; Pub. L. 104-287, Sec. 4(l), Oct. 11, 1996, 110 
            Stat. 3388; Pub. L. 105-33, Title X, Sec. 10209(b), Aug. 5, 
            1997, 111 Stat. 711; Pub. L. 105-277, Div. C, Title VII, 
            Sec. 713(c), Oct. 21, 1998, 112 Stat. 2681-693; Pub. L. 106-
            58, Title VI, Sec. 638(f), Sept. 29, 1999, 113 Stat. 475; 
            Pub. L. 106-422, Sec. 2(c), Nov. 1, 2000, 114 Stat. 1874; 
            Pub. L. 107-189, Sec. 4(a), June 14, 2002, 116 Stat. 699; 
            Pub. L. 107-217, Sec. 3(h)(3), Aug. 21, 2002, 116 Stat. 
            1299.)

      1082  Sec. 1106. Supplemental budget estimates and changes.
                (a) Before July 16 of each year, the President shall 
            submit to Congress a supplemental summary of the budget for 
            the fiscal year for which the budget is submitted under 
            section 1105(a) of this title. The summary shall include--
                            (1) for that fiscal year--

                                (A) substantial changes in or 
                            reappraisals of estimates of expenditures 
                            and receipts;

                                (B) substantial obligations imposed on 
                            the budget after its submission;

                                (C) current information on matters 
                            referred to in section 1105(a) (8) and (9) 
                            (B) and (C) of this title; and

                                (D) additional information the President 
                            decides is advisable to provide Congress 
                            with complete and current information about 
                            the budget and current estimates of the 
                            functions, obliga

[[Page 856]]

                            tions, requirements, and financial condition 
                            of the United States Government.

                            (2) for the 4 fiscal years following the 
                        fiscal year for which the budget is submitted, 
                        information on estimated expenditures for 
                        programs authorized to continue in future years, 
                        or that are considered mandatory, under law; and
                            (3) for future fiscal years, information on 
                        estimated expenditures of balances carried over 
                        from the fiscal year for which the budget is 
                        submitted.
                (b) Before July 16 of each year, the President shall 
            submit to Congress a statement of changes in budget 
            authority requested, estimated budget outlays, and estimated 
            receipts for the fiscal year for which the budget is 
            submitted (including prior changes proposed for the 
            executive branch of the Government) that the President 
            decides are necessary and appropriate based on current 
            information. The statement shall include the effect of those 
            changes on the information submitted under section 
            1105(a)(1)-(14) and (b) of this title and shall include 
            supporting information as practicable. The statement 
            submitted before July 16 may be included in the information 
            submitted under subsection (a)(1) of this section.
                (c) \1\ Subsection (f) of section 1105 shall apply to 
            revisions and supplemental summaries submitted under this 
            section to the same extent that such subsection applies to 
            the budget submitted under section 1105(a) to which such 
            revisions and summaries relate. (Pub. L. 97-258, Sept. 13, 
            1982, 96 Stat. 911; Pub. L. 99-77 Title II, Sec. 242, Dec. 
            12, 1985, Stat. 1063.)
                \1\ Subsection (c) expired on September 30, 2002, 
                pursuant to section 275(b) of the Balanced Budget and 
                Emergency Deficit Control Act of 1985 (2 U.S.C. 900 
                note).
      1083  Sec. 1107. Deficiency and supplemental appropriations.
                The President may submit to Congress proposed deficiency 
            and supplemental appropriations the President decides are 
            necessary because of laws enacted after the submission of 
            the budget or that are in the public interest. The President 
            shall include the reasons for the submission of the proposed 
            appropriations and the reasons the proposed appropriations 
            were not included in the budget. When the total proposed 
            appropriations would have required the President to make a 
            recommendation under section 1105(c) of this title if they 
            had been included in the budget, the President shall make a 
            recommendation under that section. (Pub. L. 97-258, Sept. 
            13, 1982, 96 Stat. 911.)
      1084  Sec. 1108. Preparation and submission of appropriations 
                requests to the President.
                (a) In this section (except subsections (b)(1) and (e)), 
            ``agency'' means a department, agency, or instrumentality of 
            the United States Government.
                (b)(1) The head of each agency shall prepare and submit 
            to the President each appropriation request for the agency. 
            The request shall be prepared and submitted in the form 
            prescribed by the President under this chapter and by the 
            date established by the President. When the head of an 
            agency does not submit a request by that date, the President 
            shall prepare the request for the agency to be included in 
            the budget or changes in the budget or as deficiency and 
            supplemental appropria-

[[Page 857]]

            tions. The President may change agency appropriation 
            requests. Agency appropriation requests shall be developed 
            from cost-based budgets in the way and at times prescribed 
            by the President. The head of the agency shall use the cost-
            based budget to administer the agency and to divide 
            appropriations or amounts.

                (2) An officer or employee of an agency in the executive 
            branch may submit to the President or Congress a request for 
            legislation authorizing deficiency or supplemental 
            appropriations for the agency only with the approval of the 
            head of the agency.
                (c) The head of an agency shall include with an 
            appropriation request submitted to the President a report 
            that the statement of obligations submitted with the request 
            contains obligations consistent with section 1501 of this 
            title. The head of the agency shall support the report with 
            a certification of the consistency and shall support the 
            certification with records showing that the amounts have 
            been obligated. The head of the agency shall designate 
            officials to make the certifications, and those officials 
            may not delegate the duty to make the certifications. The 
            certifications and records shall be kept in the agency--
                            (1) in a form that makes audits and 
                        reconciliations easy; and
                            (2) for a period necessary to carry out 
                        audits and reconciliations.
                (d) To the extent practicable, the head of an agency 
            shall--
                            (1) provide information supporting the 
                        agency's budget request for its missions by 
                        function and subfunction (including the mission 
                        of each organizational unit of the agency); and
                            (2) relate the agency's programs to its 
                        missions.
                (e) Except as provided in subsection (f) of this 
            section, an officer or employee of an agency (as defined in 
            section 1101 of this title) may submit to Congress or a 
            committee of Congress an appropriations estimate or request, 
            a request for an increase in that estimate or request, or a 
            recommendation on meeting the financial needs of the 
            Government only when requested by either House of Congress.
                (f) The Interstate Commerce Commission shall submit to 
            Congress copies of budget estimates, requests, and 
            information (including personnel needs), legislative 
            recommendations, prepared testimony for congressional 
            hearings, and comments on legislation at the same time they 
            are sent to the President or the Office of Management and 
            Budget. An officer of an agency may not impose conditions on 
            or impair communication by the Commission with Congress, or 
            a committee or member of Congress, about the information.
                (g) Amounts available under law are available for field 
            examinations of appropriation estimates. The use of the 
            amounts is subject only to regulations prescribed by the 
            appropriate standing committees of Congress. (Pub. L. 97-
            258, Sept. 13, 1982, 96 Stat. 912.)
      1085  Sec. 1109. Current programs and activities estimates.
                (a) On or before the first Monday after January 3 of 
            each year (on or before February 5 in 1986), the President 
            shall submit to both Houses of Congress the estimated budget 
            outlays and proposed budget authority that would be included 
            in the budget for the following fiscal year if programs and 
            activities of the United States Government were carried on 
            during that year at the same level as the current fiscal 
            year without a change in policy. The President shall state 
            the estimated budget outlays and proposed budget authority 
            by function and subfunction under the classifications in the 
            budget summary table under the heading

[[Page 858]]

            ``Budget Authority and Outlays by Function and Agency'', by 
            major programs in each function, and by agency. The 
            President shall also include a statement of the economic and 
            program assumptions on which those budget outlays and budget 
            authority are based, including inflation, real economic 
            growth, and unemployment rates, program caseloads, and pay 
            increases.
                (b) The Joint Economic Committee shall review the 
            estimated budget outlays and proposed budget authority and 
            submit an economic evaluation of the budget outlays and 
            budget authority to the Committees on the Budget of both 
            Houses before March 1 of each year. (Pub. L. 97-258, Sept. 
            13, 1982, 96 Stat. 913; Pub. L. 99-177, Title II, Sec. 222, 
            Dec. 12, 1985, 99 Stat. 1060.)
      1086  Sec. 1110. Year-ahead requests for authorizing legislation.
                A request to enact legislation authorizing new budget 
            authority to continue a program or activity for a fiscal 
            year shall be submitted to Congress before May 16 of the 
            year before the year in which the fiscal year begins. If a 
            new program or activity will continue for more than one 
            year, the request must be submitted for at least the first 
            and second fiscal years. (Pub. L. 97-258, Sept. 13, 1982, 96 
            Stat. 913.)
      1087  Sec. 1111. Improving economy and efficiency.
                To improve economy and efficiency in the United States 
            Government, the President shall--
                            (1) make a study of each agency to decide, 
                        and may send Congress recommendations, on 
                        changes that should be made in--

                                (A) the organization, activities, and 
                            business methods of agencies;

                                (B) agency appropriations;

                                (C) the assignment of particular 
                            activities to particular services; and

                                (D) regrouping of services; and

                            (2) evaluate and develop improved plans for 
                        the organization, coordination, and management 
                        of the executive branch of the Government. (Pub. 
                        L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
      1088  Sec. 1112. Fiscal, budget, and program information.
                (a) In this section, ``agency'' means a department, 
            agency, or instrumentality of the United States Government 
            except a mixed/ownership Government corporation.
                (b) In cooperation with the Comptroller General, the 
            Secretary of the Treasury and the Director of the Office of 
            Management and Budget shall establish and maintain standard 
            data processing and information systems for fiscal, budget, 
            and program information for use by agencies to meet the 
            needs of the Government, and to the extent practicable, of 
            State and local governments.
                (c) The Comptroller General--
                            (1) in cooperation with the Secretary, the 
                        Director of the Office of Management and Budget, 
                        and the Director of the Congressional Budget 
                        Office, shall establish, maintain, and publish 
                        standard terms and classifications for fiscal, 
                        budget, and program information of the 
                        Government, including information on fiscal 
                        policy, receipts, expenditures, program, 
                        projects, activities, and functions;

[[Page 859]]

                            (2) when advisable, shall report to Congress 
                        on those terms and classifications, and 
                        recommend legislation necessary to promote the 
                        establishment, maintenance, and use of standard 
                        terms and classifications by the executive 
                        branch of the Government; and
                            (3) in carrying out this subsection, shall 
                        give particular consideration to the needs of 
                        the Committees on Appropriations and on the 
                        Budget of both Houses of Congress, the Committee 
                        on Ways and Means of the House, the Committee on 
                        Finance of the Senate, and the Congressional 
                        Budget Office.
                (d) Agencies shall use the standard terms and 
            classifications published under subsection (c)(1) of this 
            section in providing fiscal, budget, and program information 
            to Congress.
                (e) In consultation with the President, the head of each 
            executive agency shall take actions necessary to achieve to 
            the extent possible--
                            (1) consistency in budget and accounting 
                        classifications;
                            (2) synchronization between those 
                        classifications and organizational structure; 
                        and
                            (3) information by organizational unit on 
                        performance and program costs to support budget 
                        justifications.
                (f) In cooperation with the Director of the 
            Congressional Budget Office, the Comptroller General, and 
            appropriate representatives of State and local governments, 
            the Director of the Office of Management and Budget (to the 
            extent practicable) shall provide State and local 
            governments with fiscal, budget, and program information 
            necessary for accurate and timely determination by those 
            governments of the impact on their budget of assistance of 
            the United States Government. (Pub. L. 97-258, Sept. 13, 
            1982, 96 Stat. 913.)
      1089  Sec. 1113. Congressional information.
                (a)(1) When requested by a committee of Congress having 
            jurisdiction over receipts or appropriations, the President 
            shall provide the committee with assistance and information.
                (2) When requested by a committee of Congress, 
            additional information related to the amount of an 
            appropriation originally requested by an Office of Inspector 
            General shall be submitted to the committee.
                (b) When requested by a committee of Congress, by the 
            Comptroller General, or by the Director of the Congressional 
            Budget Office, the Secretary of the Treasury, the Director 
            of the Office of Management and Budget, and the head of each 
            executive agency shall--
                            (1) provide information on the location and 
                        kind of available fiscal, budget, and program 
                        information;
                            (2) to the extent practicable, prepare 
                        summary tables of that fiscal, budget, and 
                        program information and related information the 
                        committee, the Comptroller General, or the 
                        Director of the Congressional Budget Office 
                        considers necessary; and
                            (3) provide a program evaluation carried out 
                        or commissioned by an executive agency.
                (c) In cooperation with the Director of the 
            Congressional Budget Office, the Secretary, and the Director 
            of the Office of Management and Budget, and Comptroller 
            General shall--
                            (1) establish and maintain a current 
                        directory of sources of, and information systems 
                        for, fiscal, budget, and program information and 
                        a brief description of the contents of each 
                        source and system;

[[Page 860]]

                            (2) when requested, provide assistance to 
                        committees of Congress and members of Congress 
                        in obtaining information from the sources in the 
                        directory; and
                            (3) when requested, provide assistance to 
                        committees and, to the extent practicable, to 
                        members of Congress in evaluating the 
                        information obtained from the sources in the 
                        directory.
                (d) To the extent they consider necessary, the 
            Comptroller General and the Director of the Congressional 
            Budget Office individually or jointly shall establish and 
            maintain a file of information to meet recurring needs of 
            Congress for fiscal, budget, and program information to 
            carry out this section and sections 717 and 1112 of this 
            title. The file shall include information on budget 
            requests, congressional authorizations to obligate and 
            expend, apportionment and reserve actions, and obligations 
            and expenditures. The Comptroller General and the Director 
            shall maintain the file and an index to the file so that it 
            is easier for the committees and agencies of Congress to use 
            the file and index through data processing and 
            communications techniques.
                (e)(1) The Comptroller General shall--
                            (A) carry out a continuing program to 
                        identify the needs of committees and members of 
                        Congress for fiscal, budget, and program 
                        information to carry out this section and 
                        section 1112 of this title;
                            (B) assist committees of Congress in 
                        developing their information needs;
                            (C) monitor recurring reporting requirements 
                        of Congress and committees; and
                            (D) make recommendations to Congress and 
                        committees for changes and improvements in those 
                        reporting requirements to meet information needs 
                        identified by the Comptroller General, to 
                        improve their usefulness to congressional users, 
                        and to eliminate unnecessary reporting.
                (2) Before September 2 of each year, the Comptroller 
            General shall report to Congress on--
                            (A) the needs identified under paragraph 
                        (1)(A) of this subsection;
                            (B) the relationship of those needs to 
                        existing reporting requirements;
                            (C) the extent to which reporting by the 
                        executive branch of the United States Government 
                        currently meets the identified needs;
                            (D) the changes to standard classifications 
                        necessary to meet congressional needs;
                            (E) activities, progress, and results of the 
                        program of the Comptroller General under 
                        paragraph (1) (B)-(D) of this subsection; and
                            (F) progress of the executive branch in the 
                        prior year.
                (3) Before March 2 of each year, the Director of the 
            Office of Management and Budget and the Secretary shall 
            report to Congress on plans for meeting the needs identified 
            under paragraph (1)(A) of this subsection, including--
                            (A) plans for carrying out changes to 
                        classifications to meet information needs of 
                        Congress;
                            (B) the status of information systems in the 
                        prior year; and
                            (C) the use of standard classifications. 
                        (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914; 
                        Pub. L. 97-452, Sec. 1(3), Jan. 12, 1983, 96 
                        Stat. 2467.)

[[Page 861]]


      1090  Sec. 1114. Repealed. (Oct. 13, 1994, Pub. L. 103-355, 
                Sec. 2454(c)(2), 108 Stat. 3326.)
            
                 Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY

            
                              Subchapter II.--Payments

      1091  Sec. 3332. Required direct deposit.
                (a)(1) Notwithstanding any other provision of law, all 
            Federal wage, salary, and retirement payments shall be paid 
            to recipients of such payments by electronic funds transfer, 
            unless another method has been determined by the Secretary 
            of the Treasury to be appropriate.
                (2) Each recipient of Federal wage, salary, or 
            retirement payments shall designate one or more financial 
            institutions or other authorized payment agents and provide 
            the payment certifying or authorizing agency information 
            necessary for the recipient to receive electronic funds 
            transfer payments through each institution so designated.
                (b)(1) The head of each agency shall waive the 
            requirements of subsection (a) of this section for a 
            recipient of Federal wage, salary, or retirement payments 
            authorized or certified by the agency upon written request 
            by such recipient.
                (2) Federal wage, salary, or retirement payments shall 
            be paid to any recipient granted a waiver under paragraph 
            (1) of this subsection by any method determined appropriate 
            by the Secretary of the Treasury.
                (c)(1) The Secretary of the Treasury may waive the 
            requirements of subsection (a) of this section for any group 
            of recipients upon request by the head of an agency under 
            standards prescribed by the Secretary of the Treasury.
                (2) Federal wage, salary, or retirement payments shall 
            be paid to any member of a group granted a waiver under 
            paragraph (1) of this subsection by any method determined 
            appropriate by the Secretary of the Treasury.
                (d) This section shall apply only to recipients of 
            Federal wage or salary payments who begin to receive such 
            payments on or after January 1, 1995, and recipients of 
            Federal retirement payments who begin to receive such 
            payments on or after January 1, 1995.
                (e)(1) Notwithstanding subsections (a) through (d) of 
            this section, sections 5120(a) and (d) of title 38, and any 
            other provision of law, all Federal payments to a recipient 
            who becomes eligible for that type of payment after 90 days 
            after the date of the enactment of the Debt Collection 
            Improvement Act of 1996 shall be made by electronic funds 
            transfer.
                (2) The head of a Federal agency shall, with respect to 
            Federal payments made or authorized by the agency, waive the 
            application of paragraph (1) to a recipient of those 
            payments upon receipt of written certification from the 
            recipient that the recipient does not have an account with a 
            financial institution or an authorized payment agent.
                (f)(1) Notwithstanding any other provision of law 
            (including subsections (a) through (e) of this section and 
            sections 5120(a) and (d) of title 38), except as provided in 
            paragraph (2) all Federal payments made after January 1, 
            1999, shall be made by electronic funds transfer.
                (2)(A) The Secretary of the Treasury may waive 
            application of this subsection to payments--

[[Page 862]]

                            (i) for individuals or classes of 
                        individuals for whom compliance imposes a 
                        hardship;
                            (ii) for classifications or types of checks; 
                        or
                            (iii) in other circumstances as may be 
                        necessary.
                (B) The Secretary of the Treasury shall make 
            determinations under subparagraph (A) based on standards 
            developed by the Secretary.
                (g) Each recipient of Federal payments required to be 
            made by electronic funds transfer shall--
                            (1) designate 1 or more financial 
                        institutions or other authorized agents to which 
                        such payments shall be made; and
                            (2) provide to the Federal agency that makes 
                        or authorizes the payments information necessary 
                        for the recipient to receive electronic funds 
                        transfer payments through each institution or 
                        agent designated under paragraph (1).
                (h) The crediting of the amount of a payment to the 
            appropriate account on the books of a financial institution 
            or other authorized payment agent designated by a payment 
            recipient under this section shall constitute a full 
            acquittance to the United States for the amount of the 
            payment.
                (i)(1) The Secretary of the Treasury may prescribe 
            regulations that the Secretary considers necessary to carry 
            out this section.
                (2) Regulations under this subsection shall ensure that 
            individuals required under subsection (g) to have an account 
            at a financial institution because of the application of 
            subsection (f)(1)--
                            (A) will have access to such an account at a 
                        reasonable cost; and
                            (B) are given the same consumer protections 
                        with respect to the account as other account 
                        holders at the same financial institution.
                (j) For purposes of this section--
                            (1) The term ``electronic funds transfer'' 
                        means any transfer of funds, other than a 
                        transaction originated by cash, check, or 
                        similar paper instrument, that is initiated 
                        through an electronic terminal, telephone, 
                        computer, or magnetic tape, for the purpose of 
                        ordering, instructing, or authorizing a 
                        financial institution to debit or credit an 
                        account. The term includes Automated Clearing 
                        House transfers, Fed Wire transfers, transfers 
                        made at automatic teller machines, and point-of-
                        sale terminals.
                            (2) The term ``Federal agency'' means--

                                (A) an agency (as defined in section 101 
                            of this title); and

                                (B) a Government corporation (as defined 
                            in section 103 of title 5).

                            (3) The term ``Federal payments'' includes--

                                (A) Federal wage, salary, and retirement 
                            payments;

                                (B) vendor and expense reimbursement 
                            payments; and

                                (C) benefit payments.

                            Such term shall not include any payment 
                        under the Internal Revenue Code of 1986.
                            (As amended Pub. L. 98-369, Title VIII, 
                        Sec. 2814, July 18, 1984, 98 Stat. 1207; Pub. L. 
                        103-356, Title IV, Sec. 402(a), Oct. 13, 1994, 
                        108 Stat. 3412; Pub. L. 104-134, Title III, 
                        Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat. 1321-
                        376.)
                              39 u.s.c.--postal service

                  general and permanent laws relating to the senate


[[Page 863]]


 
                              TITLE 39.--POSTAL SERVICE

            
                                Part IV.--MAIL MATTER

            
                      Chapter 32.--PENALTY AND FRANKED MAIL\1\

      1095  Sec. 3201. Definitions.
                As used in this chapter--
                \1\ For United States Postal Service regulation on 
                congressional franking privilege, see Senate Manual 
                section 1105. See also the Regulations Governing the Use 
                of the Mailing Frank by Members and Officers of the 
                United States Senate, issued by the Select Committee on 
                Ethics. See also Regulations Governing Franked Mail, 
                issued by the Senate Committee on Rules and 
                Administration.
                            (1) ``penalty mail'' means official mail, 
                        other than franked mail, which is authorized by 
                        law to be transmitted in the mail without 
                        prepayment of postage;
                            (2) ``penalty cover'' means envelopes, 
                        wrappers, labels, or cards used to transmit 
                        penalty mail;
                            (3) ``frank'' means the autographic or 
                        facsimile signature of persons authorized by 
                        sections 3210-3216 and 3218 of this title to 
                        transmit matter through the mail without 
                        prepayment of postage or other indicia 
                        contemplated by sections 733 and 907 of title 
                        44;
                            (4) ``franked mail'' means mail which is 
                        transmitted in the mail under a frank;
                            (5) ``Members of Congress'' includes 
                        Senators, Representatives, Delegates, and 
                        Resident Commissioners; and
                            (6) ``missing child'' has the meaning 
                        provided by section 403(1) of the Juvenile 
                        Justice and Delinquency Prevention Act of 1974. 
                        (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat. 
                        751; Aug. 9, 1985, Pub. L. 99-87, Sec. 1(b), 99 
                        Stat. 291.)
      1096  Sec. 3210. Franked mail transmitted by the Vice President, 
                Members of Congress, and congressional officials.
                (a)(1) It is the policy of the Congress that the 
            privilege of sending mail as franked mail shall be 
            established under this section in order to assist and 
            expedite the conduct of the official business, activities, 
            and duties of the Congress of the United States.
                (2) It is the intent of the Congress that such official 
            business, activities, and duties cover all matters which 
            directly or indirectly pertain to the legislative process or 
            to any congressional representative functions generally, or 
            to the functioning, working, or operating of the Congress 
            and the performance of official duties in connection 
            therewith, and shall include, but not be limited to, the 
            conveying of information to the public, and the requesting 
            of the views of the public, or the views and information of 
            other authority of government, as a guide or a means of 
            assistance in the performance of those functions.
                (3) It is the intent of the Congress that mail matter 
            which is frankable specifically includes, but is not limited 
            to--
                            (A) mail matter to any person and to all 
                        agencies and officials of Federal, State, and 
                        local governments regarding programs, deci

[[Page 864]]

                        sions, and other related matters of public 
                        concern or public service, including any matter 
                        relating to actions of a past or current 
                        Congress;
                            (B) the usual and customary congressional 
                        newsletter or press release which may deal with 
                        such matters as the impact of laws and decisions 
                        on State and local governments and individual 
                        citizens; reports on public and official actions 
                        taken by Members of Congress; and discussions of 
                        proposed or pending legislation or governmental 
                        actions and the positions of the Members of 
                        Congress on, and arguments for or against, such 
                        matters;
                            (C) the usual and customary congressional 
                        questionnaire seeking public opinion on any law, 
                        pending or proposed legislation, public issue, 
                        or subject;
                            (D) mail matter dispatched by a Member of 
                        Congress between his Washington office and any 
                        congressional district offices, or between his 
                        district offices;
                            (E) mail matter directed by one Member of 
                        Congress to another Member of Congress or to 
                        representatives of the legislative bodies of 
                        State and local governments;
                            (F) mail matter expressing congratulations 
                        to a person who has achieved some public 
                        distinction;
                            (G) mail matter, including general mass 
                        mailings, which consist of Federal laws, Federal 
                        regulations, other Federal publications, 
                        publications purchased with Federal funds, or 
                        publications containing items of general 
                        information;
                            (H) mail matter which consists of voter 
                        registration or election information or 
                        assistance prepared and mailed in a nonpartisan 
                        manner;
                            (I) mail matter which constitutes or 
                        includes a biography or autobiography of any 
                        Member of, or Member-elect to, Congress or any 
                        biographical or autobiographical material 
                        concerning such Member or Member-elect or the 
                        spouse or other members of the family of such 
                        Member or Member-elect, and which is so mailed 
                        as a part of a Federal publication or in 
                        response to a specific request therefor and is 
                        not included for publicity purposes in a 
                        newsletter or other general mass mailing of the 
                        Member or Member-elect under the franking 
                        privilege; or
                            (J) mail matter which contains a picture, 
                        sketch, or other likeness of any Member or 
                        Member-elect and which is so mailed as a part of 
                        a Federal publication or in response to a 
                        specific request therefor and, when contained in 
                        a newsletter or other general mass mailing of 
                        any Member or Member-elect, is not of such size, 
                        or does not occur with such frequency in the 
                        mail matter concerned, as to lead to the 
                        conclusion that the purpose of such picture, 
                        sketch, or likeness is to advertise the Member 
                        or Member-elect rather than to illustrate 
                        accompanying text.
                (4) It is the intent of the Congress that the franking 
            privilege under this section shall not permit, and may not 
            be used for, the transmission through the mails as franked 
            mail, of matter which in its nature is purely personal to 
            the sender or to any other person and is unrelated

            to the official business, activities, and duties of the 
            public officials covered by subsection (b)(1) of this 
            section.

[[Page 865]]

                (5) It is the intent of the Congress that a Member of or 
            Member-elect to Congress may not mail as franked mail--
                            (A) mail matter which constitutes or 
                        includes any article, account, sketch, 
                        narration, or other text laudatory and 
                        complimentary of any Member of, or Member-elect 
                        to, Congress on a purely personal or political 
                        basis rather than on the basis of performance of 
                        official duties as a Member or on the basis of 
                        activities as a Member-elect;
                            (B) mail matter which constitutes or 
                        includes--

                                (i) greetings from the spouse or other 
                            members of the family of such Member or 
                            Member-elect, unless it is a brief reference 
                            in otherwise frankable mail;

                                (ii) reports of how or when such Member 
                            or Member-elect, or the spouse or any other 
                            member of the family of such Member or 
                            Member-elect, spends time other than in the 
                            performance of, or in connection with, the 
                            legislative, representative, and other 
                            official functions of such Member or the 
                            activities of such Member-elect as a Member-
                            elect; or

                                (iii) any card expressing holiday 
                            greetings from such Member or Member-elect; 
                            or

                            (C) mail matter which specifically solicits 
                        political support for the sender or any other 
                        person or any political party, or a vote or 
                        financial assistance for any candidate for any 
                        public office.

            The House Commission on Congressional Mailing Standards and 
            the Select Committee on Standards and Conduct of the Senate 
            shall prescribe for their respective Houses such rules and 
            regulations and shall take such other action, as the 
            Commission or Committee considers necessary and proper for 
            the Members and Members-elect to conform to the provisions 
            of this clause and applicable rules and regulations. Such 
            rules and regulations shall include, but not be limited to, 
            provisions prescribing the time within which such mailings 
            shall be mailed at or delivered to any postal facility to 
            attain compliance with this clause and the time when such 
            mailings shall be deemed to have been so mailed or delivered 
            and such compliance attained.

                (6)(A) It is the intent of Congress that a Member of, or 
            Member-elect to, Congress may not mail any mass mailing as 
            franked mail--
                            (i) if the mass mailing is mailed fewer than 
                        60 days (or, in the case of a Member of the 
                        House, fewer than 90 days) immediately before 
                        the date of any primary election or general 
                        election (whether regular, special, or runoff) 
                        in which the Member is a candidate for 
                        reelection; or
                            (ii) in the case of a Member of, or Member-
                        elect to, the House who is a candidate for any 
                        other public office, if the mass mailing--

                                (I) is prepared for delivery within any 
                            portion of the jurisdiction of or the area 
                            covered by the public office which is 
                            outside the area constituting the 
                            congressional district from which the Member 
                            or Member-elect was elected; or

                                (II) is postmarked fewer than 90 days 
                            immediately before the date of any primary 
                            election or general election (whether 
                            regular, special, or runoff) in which the 
                            Member or Member-elect is a candidate for 
                            any other public office.

                (B) Any mass mailing which is mailed by the chairman of 
            any organization referred to in the last sentence of section 
            3215 of this title which

[[Page 866]]

            relates to the normal and regular business of the 
            organization may be mailed without regard to the provisions 
            of this paragraph.
                (C) No Member of the Senate may mail any mass mailing as 
            franked mail if such mass mailing is mailed fewer than 60 
            days immediately before the date of any primary election or 
            general election (whether regular, special, or runoff) for 
            any national, State or local office in which such Member is 
            a candidate for election.
                (D) The Select Committee on Ethics of the Senate and the 
            House Commission on Congressional Mailing Standards shall 
            prescribe for their respective Houses rules and regulations, 
            and shall take other action as the Committee or the 
            Commission considers necessary and proper for Members and 
            Members-elect to comply with the provisions of this 
            paragraph and applicable rules and regulations. The rules 
            and regulations shall include provisions prescribing the 
            time within which mailings shall be mailed at or delivered 
            to any postal facility and the time when the mailings shall 
            be deemed to have been mailed or delivered to comply with 
            the provisions of this paragraph.
                (E) As used in this section, the term ``mass mailing'' 
            means, with respect to a session of Congress, any mailing of 
            newsletters or other pieces of mail with substantially 
            identical content (whether such mail is deposited singly or 
            in bulk, or at the same time or different times), totaling 
            more than 500 pieces in that session, except that such term 
            does not include any mailing--
                            (i) of matter in direct response to a 
                        communication from a person to whom the matter 
                        is mailed;
                            (ii) from a Member of Congress to other 
                        Members of Congress, or to Federal, State, or 
                        local government officials; or
                            (iii) of a news release to the 
                        communications media.
                (F) For purposes of subparagraphs (A) and (C) if mail 
            matter is of a type which is not customarily postmarked, the 
            date on which such matter would have been postmarked if it 
            were of a type customarily postmarked shall apply.
                (7) A Member of the House of Representatives may not 
            send any mass mailing outside the congressional district 
            from which the Member was elected.
                (b)(1) The Vice President, each Member of or Member-
            elect to Congress, the Secretary of the Senate, the Sergeant 
            at Arms of the Senate, each of the elected officers of the 
            House of Representatives (other than a Member of the House), 
            the Legislative Counsels of the House of Representatives and 
            the Senate, the Law Revision Counsel of the House of 
            Representatives, and the Senate Legal Counsel may send, as 
            franked mail, matter relating to their official business, 
            activities, and duties, as intended by Congress to be 
            mailable as franked mail under subsection (a) (2) and (3) of 
            this section.
                (2) If a vacancy occurs in the Office of the Secretary 
            of the Senate, the Sergeant at Arms of the Senate, an 
            elected officer of the House of Representatives (other than 
            a Member of the House), the Legislative Counsel of the House 
            of Representatives or the Senate, the Law Revision Counsel 
            of the House of Representatives, or the Senate Legal Counsel 
            any authorized person may exercise the franking privilege in 
            the officer's name during the period of the vacancy.
                (3) The Vice President, each Member of Congress, the 
            Secretary of the Senate, the Sergeant at Arms of the Senate, 
            and each of the elected

[[Page 867]]

            officers of the House (other than a Member of the House), 
            during the 90-day period immediately following the date on 
            which they leave office, may send, as franked mail, matter 
            on official business relating to the closing of their 
            respective offices. The House Commission on Congressional 
            Mailing Standards and the Select Committee on Standards and 
            Conduct of the Senate \1\ shall prescribe for their 
            respective Houses such rules and regulations, and shall take 
            such other action as the Commission or Committee considers 
            necessary and proper, to carry out the provisions of this 
            paragraph.
                \1\ Name changed to the Select Committee on Ethics by S. 
                Res. 4, 95-1, Feb. 4, 1977.
                (c) Franked mail may be in any form appropriate for mail 
            matter, including, but not limited to, correspondence, 
            newsletters, questionnaires, recordings, facsimiles, 
            reprints, and reproductions. Franked mail shall not include 
            matter which is intended by Congress to be nonmailable as 
            franked mail under subsection (a) (4) and (5) of this 
            section.
                (d)(1) A Member of Congress may mail franked mail with a 
            simplified form of address for delivery within that area 
            constituting the congressional district or State from which 
            the Member was elected.
                (2) A Member-elect to the Congress may mail franked mail 
            with a simplified form of address for delivery within that 
            area constituting the congressional district or the State 
            from which he was elected.
                (3) A Delegate, Delegate-elect, Resident Commissioner, 
            or Resident Commissioner-elect to the House of 
            Representatives may mail franked mail with a simplified form 
            of address for delivery within the area from which he was 
            elected.
                (4) Any franked mail which is mailed under this 
            subsection shall be mailed at the equivalent rate of postage 
            which assures that the mail will be sent by the most 
            economical means practicable.
                (5) The Senate Committee on Rules and Administration and 
            the House Commission on Congressional Mailing Standards 
            shall prescribe for their respective Houses rules and 
            regulations governing any franked mail which is mailed under 
            this subsection and shall by regulation limit the number of 
            such mailings allowed under this subsection.
                (6)(A) Any Member of, or Member-elect to, the House of 
            Representatives entitled to make any mailing as franked mail 
            under this subsection shall, before making any mailing, 
            submit a sample or description of the mail matter involved 
            to the House Commission on Congressional Mailing Standards 
            for an advisory opinion as to whether the proposed mailing 
            is in compliance with the provisions of this subsection.
                (B) The Senate Select Committee on Ethics may require 
            any Member of, or Member-elect to, the Senate entitled to 
            make any mailings as franked mail under this subsection to 
            submit a sample or description of the mail matter to the 
            Committee for an advisory opinion as to whether the proposed 
            mailing is in compliance with the provisions of this 
            subsection.
                (7) Franked mail mailed with a simplified form of 
            address under this subsection--
                            (A) shall be prepared as directed by the 
                        Postal Service; and
                            (B) may be delivered to--

                                (i) each box holder or family on a rural 
                            or star route;

                                (ii) each post office box holder; and

                                (iii) each stop or box on a city carrier 
                            route.

[[Page 868]]

                (8) For the purposes of this subsection, a congressional 
            district includes, in the case of a Representative at Large 
            or Representative at Large-elect, the State from which he 
            was elected.
                (e) The frankability of mail matter shall be determined 
            under the provisions of this section by the type and content 
            of the mail sent, or to be sent.
                (f) Any mass mailing which otherwise would be permitted 
            to be mailed as franked mail under this section shall not be 
            so mailed unless the cost of preparing and printing the mail 
            matter is paid exclusively from funds appropriated by 
            Congress, except that an otherwise frankable mass mailing 
            may contain, as an enclosure or supplement, any public 
            service material which is purely instructional or 
            informational in nature, and which in content is frankable 
            under this section.
                (g) Notwithstanding any other provision of Federal, 
            State, or local law, or any regulation thereunder, the 
            equivalent amount of postage determined under section 3216 
            of this title on franked mail mailed under the frank of the 
            Vice President or a Member of Congress, and the cost of 
            preparing or printing such frankable matter for such mailing 
            under the frank, shall not be considered as a contribution 
            to, or an expenditure by, the Vice President or a Member of 
            Congress for the purpose of determining any limitation on 
            expenditures or contributions with respect to any such 
            official, imposed by any Federal, State, or local law or 
            regulation, in connection with any campaign of such official 
            for election to any Federal office. (Aug. 12, 1970, Pub. L. 
            91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51, 
            Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191, 
            Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177, 
            Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521, 
            Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69, 
            Sec. Sec. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982, 
            Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163, 
            Title III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L. 
            101-520, Title III, Sec. Sec. 311(h)(1), 316, Nov. 5, 1990, 
            104 Stat. 2280, 2283; Pub. L. 102-392, Title III, 
            Sec. 309(a), Oct. 6, 1992, 106 Stat. 1722; Pub. L. 104-197, 
            Title I, Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.)
      1097  Sec. 3211. Public documents.
                The Vice President, Members of Congress, the Secretary 
            of the Senate, the Sergeant at Arms of the Senate, each of 
            the elected officers of the House of Representatives (other 
            than a Member of the House) during the 90-day period 
            immediately following the expiration of their respective 
            terms of office, may send and receive as franked mail all 
            public documents printed by order of Congress. (Aug. 12, 
            1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973, 
            Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L. 
            97-69, Sec. 5(a), 95 Stat. 1043.)
      1098  Sec. 3212. Congressional Record under frank of Members of 
                Congress.
                (a) Members of Congress may send the Congressional 
            Record as franked mail.
                (b) Members of Congress may send, as franked mail, any 
            part, of, or a reprint of any part of, the Congressional 
            Record, including speeches or reports contained therein, if 
            such matter is mailable as franked mail under section 3210 
            of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 
            Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat. 
            741.)

[[Page 869]]

            Cross Reference
                For extracts from Congressional Record furnished Members 
            of Congress and the Resident Commissioner in envelopes ready 
            for mailing, see section 907 of title 44, United States Code 
            (Senate Manual section 1196).
      1099  Sec. 3213. Seeds and reports from Department of Agriculture.
                Seeds and agricultural reports emanating from the 
            Department of Agriculture may be mailed--
                            (1) as penalty mail by the Secretary of 
                        Agriculture; and
                            (2) during the 90-day period immediately 
                        following the expiration of their terms of 
                        office, as franked mail by Members of Congress. 
                        (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat. 
                        754; Oct. 26, 1981, Pub. L. 97-69, Sec. 5(b), 95 
                        Stat. 1043.)
      1100  Sec. 3215. Lending or permitting use of frank unlawful.
                A person entitled to use a frank may not lend it or 
            permit its use by any committee, organization, or 
            association, or permit its use by any person for the benefit 
            or use of any committee, organization, or association. This 
            section does not apply to any standing, select, special, or 
            joint committee, or subcommittee thereof, or commission, of 
            the Senate, House of Representatives, or Congress, composed 
            of Members of Congress, or to the Democratic caucus or the 
            Republican conference of the House of Representatives or of 
            the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat. 
            754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
      1101  Sec. 3216. Reimbursement for franked mailings.
                (a) The equivalent of--
                            (1) postage on, and fees and charges in 
                        connection with, mail matter sent through the 
                        mails--

                                (A) under the franking privilege (other 
                            than under section 3219 of this title), by 
                            the Vice President, Members of and Members-
                            elect to Congress, the Secretary of the 
                            Senate, the Sergeant at Arms of the Senate, 
                            each of the elected officers of the House of 
                            Representatives (other than a Member of the 
                            House), the Legislative Counsels of the 
                            House of Representatives and the Senate, the 
                            Law Revision Counsel of the House of 
                            Representatives, and the Senate Legal 
                            Counsel; and

                                (B) by the survivors of a Member of 
                            Congress under section 3218 of this title; 
                            and

                            (2) those portions of fees and charges to be 
                        paid for handling and delivery by the Postal 
                        Service of Mailgrams considered as franked mail 
                        under section 3219 of this title;

            shall be paid by appropriation for the official mail costs 
            of the Senate and the House of Representatives for that 
            purpose and then paid to the Postal Service as postal 
            revenue. Except as to Mailgrams and except as provided by 
            sections 733 and 907 of title 44, envelopes, wrappers, 
            cards, or labels used to transmit franked mail shall bear, 
            in the upper right-hand corner, the sender's signature, or a 
            facsimile thereof.

                (b) Postage on, and fees and charges in connection with, 
            mail matter sent through the mails under section 3214 of 
            this title shall be paid each fiscal year, out of any 
            appropriation made for that purpose, to the Postal Service 
            as postal revenue in an amount equivalent to the

[[Page 870]]

            postage, fees, and charges which would otherwise be payable 
            on, or in connection with, such mail matter.
                (c) Payment under subsection (a) or (b) of this section 
            shall be deemed payment for all matter mailed under the 
            frank and for all fees and charges due the Postal Service in 
            connection therewith.
                (d) Money collected for matter improperly mailed under 
            the franking privilege shall be deposited as miscellaneous 
            receipts in the general fund of the Treasury.
                (e)(1) Not later than two weeks after the last day of 
            each quarter of the fiscal year, or as soon as practicable 
            thereafter, the Postmaster General shall send to the Chief 
            Administrative Officer of the House of Representatives, the 
            House Commission on Congressional Mailing Standards, the 
            Secretary of the Senate, and the Senate Committee on Rules 
            and Administration a report which shall contain a tabulation 
            of the estimated number of pieces and costs of franked mail, 
            as defined in section 3201 of this title, in each mail 
            classification sent through the mail for that quarter and 
            for the preceding quarters in the fiscal year, together with 
            separate tabulations of the number of pieces and costs of 
            such mail sent by the House and by the Senate.
                (2) Two weeks after the close of the second quarter of 
            the fiscal year, or as soon as practicable thereafter, the 
            Postmaster General shall send to the Chief Administrative 
            Officer of the House of Representatives, the House 
            Commission on Congressional Mailing Standards, the Committee 
            on House Oversight, the Secretary of the Senate, and the 
            Senate Committee on Rules and Administration, a statement of 
            the costs of postage on, and fees and charges in connection 
            with, mail matter sent through the mails as described in 
            paragraph (1) of this subsection for the preceding two 
            quarters together with an estimate of such costs for the 
            balance of the fiscal year. As soon as practicable after 
            receipt of this statement, the House Commission on 
            Congressional Mailing Standards, the Committee on House 
            Oversight, and the Senate Committee on Rules and 
            Administration shall consider promulgating such regulations 
            for their respective Houses as may be necessary to ensure 
            that total postage costs, as described in paragraph (1) of 
            this subsection, will not exceed the amounts available for 
            the fiscal year. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 
            Stat. 754; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 
            132; Dec. 18, 1973, Pub. L. 93-191, Sec. 7, 87 Stat. 745; 
            Mar. 27, 1974, Pub. L. 93-255, Sec. 2(a), 88 Stat. 52; Oct. 
            26, 1978, Pub. L. 95-521, Sec. 714(b), 92 Stat. 1884; Oct. 
            26, 1981, Pub. L. 97-69, Sec. 6(a), 95 Stat. 1043; Sept. 24, 
            1982, Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-
            163, Title III, Sec. 316(b), formerly Sec. 316(c), Sec. 317, 
            Nov. 21, 1989, 103 Stat. 1067, renumbered Pub. L. 101-520, 
            Title III, Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280; 
            Pub. L. 102-90, Title III, Sec. 306, Aug. 14, 1991, 105 
            Stat. 466; Pub. L. 104-186, Title II, Sec. 220, Aug. 20, 
            1996, 110 Stat. 1748.)
      1102  Sec. 3218. Franked mail for survivors of Members of 
                Congress.
                Upon the death of a Member of Congress during his term 
            of office, the surviving spouse of such Member (or, if there 
            is no surviving spouse, a member of the immediate family of 
            the Member designated by the Secretary of the Senate or the 
            Clerk of the House of Representatives, as appropriate, in 
            accordance with rules and procedures established by the 
            Secretary or the Clerk) may send, for a period not to exceed 
            180

[[Page 871]]

            days after his death, as franked mail, nonpolitical 
            correspondence relating to the death of the Member. (Aug. 
            12, 1970, Pub. L. 91-375, Sec. 2,

            84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87 
            Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c), 
            95 Stat. 1043.)

      1103  Sec. 3219. Mailgrams.
                Any Mailgram sent by the Vice President, a Member of or 
            Member-elect to Congress, the Secretary of the Senate, the 
            Sergeant at Arms of the Senate, an elected officer of the 
            House of Representatives (other than a Member of the House), 
            the Legislative Counsel of the House of Representatives or 
            the Senate, the Law Revision Counsel of the House of 
            Representatives, or the Senate Legal Counsel, and then 
            delivered by the Postal Service, shall be considered as 
            franked mail, subject to section 3216(a)(2) of this title, 
            if such Mailgram contains matter of the kind authorized to 
            be sent by that official as franked mail under section 3210 
            of this title. (Added Dec. 18, 1973, Pub. L. 93-191, 
            Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521, 
            Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263, 
            Sec. 1, 96 Stat. 1132.)
      1104  Sec. 3220. Use of official mail in the location and recovery 
                of missing children.
                (a)(1) The Office of Juvenile Justice and Delinquency 
            Prevention, after consultation with appropriate public and 
            private agencies, shall prescribe general guidelines under 
            which penalty mail may be used to assist in the location and 
            recovery of missing children. The guidelines shall provide 
            information relating to--
                            (A) the form and manner in which materials 
                        and information relating to missing children 
                        (such as biographical data and pictures, 
                        sketches, or other likenesses) may be included 
                        in penalty mail;
                            (B) appropriate sources from which such 
                        materials and information may be obtained;
                            (C) the procedures by which such materials 
                        and information may be obtained; and
                            (D) any other matter which the Office 
                        considers appropriate.
                (2) Each executive department and independent 
            establishment of the Government of the United States shall 
            prescribe regulations under which penalty mail sent by such 
            department or establishment may be used in conformance with 
            the guidelines prescribed under paragraph (1).
                (b) The Senate Committee on Rules and Administration and 
            the House Commission on Congressional Mailing Standards 
            shall prescribe for their respective Houses rules and 
            regulations, and shall take such other action as the 
            Committee or Commission considers necessary and proper, in 
            order that purposes similar to those of subsection (a) may, 
            in the discretion of the congressional official or office 
            concerned, be carried out by the use of franked mail sent by 
            such official or office.
                (c) As used in this section, ``Office of Juvenile 
            Justice and Delinquency Prevention'' and ``Office'' each 
            means the Office of Juvenile Justice and Delinquency 
            Prevention within the Department of Justice, as established 
            by section 201 of the Juvenile Justice and Delinquency 
            Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87, 
            Sec. 1(a)(1), 99 Stat. 290.)

                              39 u.s.c.--postal service

                  general and permanent laws relating to the senate

[[Page 872]]


      1105  
                  Domestic Mail Manual Provisions Relating to the 
                          Congressional Franking Privilege

            
                         Part E050--Official Mail (Franked)

            1.0  Basic Information

            1.1  Members of Congress. Official mail of Members of 
            Congress is sent without prepayment of postage and bears 
            instead a written or printed facsimile signature or a 
            specified marking. Exhibit 1.1 shows what is accepted under 
            frank and who is authorized its use.

            1.2  Former President and Spouse. Any former President of 
            the United States and any surviving spouse of a former 
            President may send nonpolitical mail as franked mail if it 
            bears the sender's written or facsimile signature and the 
            words ``Postage and Fees Paid'' in the upper right corner of 
            the address side.

            1.3  Surviving Spouse of Member of Congress. When a Member 
            of Congress dies during the term of office, the Member's 
            surviving spouse may send correspondence relating to the 
            death without prepayment of postage, for a period not to 
            exceed 180 days after the death of the Member. The mail must 
            bear the sender's written or facsimile signature in the 
            upper right corner of the address side. If there is no 
            surviving spouse, this privilege may be exercised by an 
            immediate family member of the deceased Member of Congress 
            designated by the Secretary of the Senate or the Clerk of 
            the House of Representatives, as appropriate.

            1.4  Use. A person entitled to use franked mail may not lend 
            this frank or permit its use by any committee, organization, 
            association, or other person. This restriction does not 
            apply to a committee of the Congress.

            1.5  Criteria. Franked mail must be addressed to the 
            recipient by name, except under A040, and it must meet the 
            mailability criteria in C010, C020, and C030 and the 
            physical standards for the class of mail used.\1\

                \1\ Part A040 describes alternative addressing formats. 
                Part C010 gives general mailability standards (such as 
                requisite dimensions, packaging, and containers). Part 
                C020 describes articles and substances prohibited 
                because they may be injurious to life, health or 
                property (such as liquor or firearms). Part C030 refers 
                to restricted forms of printed materials (such as 
                deceptive solicitations or sexually oriented 
                advertisements).

            1.6  Handling. Franked mail is entitled to all special 
            services for which it is properly endorsed, and is handled 
            and forwarded as ordinary mail, except that after delivery 
            to the addressee, it may not be remailed.

            1.7  Package to One Addressee. A person entitled to use 
            franked mail may send a package of franked mail to one 
            addressee, who may open the package and, on behalf of such 
            person, address the franked articles and mail them.

[[Page 873]]



                                                                       Exhibit 1.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
         User Entitled                       Matter Permitted                        Marking Required                        Period Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United     Public documents printed by order of     ``Public Document'' and ``U.S.S.'' or   During 90 days immediately after
 States, Members of Congress,     Congress                                 ``M.C.'' must appear on address side    expiration of term of office.
 Resident Commissioners,
 Secretary of the Senate,
 Sergeant at Arms of the
 Senate, and each elected
 officer of the House of
 Representatives (other than
 Members of the House)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress and          ``Congressional Record'' or any part of  ``Congressional Record'' or ``Part of   During term of office only.
 Resident Commissioners           it (including reprints of any part,      Congressional Record'' and ``U.S.S.''
                                  speech, or report contained in it) if    or ``M.C.'' must appear on the
                                  for official business, activities, or    address side
                                  duties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Members of Congress              Seed and agricultural reports from       Signature and title (written or         During 90 days immediately after
                                  Department of Agriculture                printed facsimile) of person entitled   expiration of term of office.
                                                                           to frank must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President of the United     Official correspondence including        Mailgrams may be sent in standard       During term of office only. When
 States, Members and Members-     Mailgrams                                Mailgram envelopes. For other           position of Secretary, Sergeant at
 elect of Congress, Resident                                               correspondence, signature and title     Arms, elected officer, Legislative
 Commissioners, Secretary of                                               (written or printed facsimile) of       Counsel, Law Revision Counsel, or
 the Senate, Sergeant at Arms                                              person entitled to frank must appear    Senate Legal Counsel is vacant,
 of the Senate, each elected                                               on address side                         privileges may be exercised in
 officer of the House of                                                                                           officer's name by authorized persons.
 Representatives (other than a
 Member of the House),
 Legislative Counsels of the
 House of Representatives and
 the Senate, Law Revision
 Counsel of the House of
 Representatives, and Senate
 Legal Counsel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vice President-elect             All mail connected with preparation for  Signature and title (written or         Until assumption of duties as Vice
                                  assumption of official duties as Vice    printed facsimile) of Vice President-   President.
                                  President                                elect must appear on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Vice President, each      Matter on official business about        Signature and title (written or         During 90 days immediately after date
 former Member of Congress,       closing of offices                       printed facsimile) of person entitled   of leaving office.
 former Secretary of the                                                   to frank must appear on address side
 Senate, former Sergeant at
 Arms of the Senate, each
 former elected officer of the
 House (other than former
 Member of the House), and each
 former Delegate or Resident
 Commissioner
--------------------------------------------------------------------------------------------------------------------------------------------------------
Former Speakers of the House     Public documents, seeds, and             Signature and title (written or         For as long as former Speaker
                                  agricultural reports from Department     printed facsimile) of former Speaker,   determines necessary.
                                  of Agriculture, official                 or Mailgram or public document
                                  correspondence including Mailgrams       marking as shown above, must appear
                                                                           on address side
--------------------------------------------------------------------------------------------------------------------------------------------------------

                  40 u.s.c.--public buildings, property, and works


                  general and permanent laws relating to the senate


[[Page 874]]


 
                  TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS

            
                       Subtitle II--Public Buildings and Works

            
                            Part B--United States Capitol

            
              Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS

      1106  Sec. 5101. Definition.
                In this chapter, the term ``Capitol Buildings'' means 
            the United States Capitol, the Senate and House Office 
            Buildings and garages, the Capitol Power Plant, all subways 
            and enclosed passages connecting two or more of those 
            structures, and the real property underlying and enclosed by 
            any of those structures.
      1107  Sec. 5102. Legal description and jurisdiction of United 
                States Capitol Grounds
            (a) Legal Description
                The United States Capitol Grounds comprises all squares, 
            reservations, streets, roadways, walks, and other areas as 
            defined on a map entitled ``Map showing areas comprising 
            United States Capitol Grounds'', dated June 25, 1946, 
            approved by the Architect of the Capitol, and recorded in 
            the Office of the Surveyor of the District of Columbia in 
            book 127, page 8, including all additions added by law after 
            June 25, 1946.
            (b) Jurisdiction
                (1) Architect of the Capitol.
                            The jurisdiction and control over the 
                        Grounds, vested prior to July 31, 1946, by law 
                        in the Architect, is extended to the entire area 
                        of the Grounds. Except as provided in paragraph 
                        (2), the Architect is responsible for the 
                        maintenance and improvement of the Grounds, 
                        including those streets and roadways in the 
                        Grounds as shown on the map referred to in 
                        subsection (a) as being under the jurisdiction 
                        and control of the Commissioners of the District 
                        of Columbia.
                (2) Mayor of the District of Columbia.
            (A) In general
                            The Mayor of the District of Columbia is 
                        responsible for the maintenance and improvement 
                        of those portions of the following streets which 
                        are situated between the curblines of those 
                        streets: Constitution Avenue from Second Street 
                        Northeast to Third Street Northwest, First 
                        Street from D Street Northeast to D Street 
                        Southeast, D Street from First Street Southeast 
                        to Washington Avenue Southwest, and First Street 
                        from the north side of Louisiana Avenue to the 
                        intersection of C Street and Washington Avenue 
                        Southwest, Pennsylvania Avenue Northwest from 
                        First Street Northwest to

[[Page 875]]

                        Third Street Northwest, Maryland Avenue 
                        Southwest from First Street Southwest to Third 
                        Street Southwest, Second Street Northeast from F 
                        Street Northeast to C Street Southeast; C Street 
                        Southeast from Second Street Southeast to First 
                        Street Southeast; that portion of Maryland 
                        Avenue Northeast from Second Street Northeast to 
                        First Street Northeast; that portion of New 
                        Jersey Avenue Northwest from D Street Northwest 
                        to Louisiana Avenue; that portion of Second 
                        Street Southwest from the north curb of D Street 
                        to the south curb of Virginia Avenue Southwest; 
                        that portion of Virginia Avenue Southwest from 
                        the east curb of Second Street Southwest to the 
                        west curb of Third Street Southwest; that 
                        portion of Third Street Southwest from the south 
                        curb of Virginia Avenue Southwest to the north 
                        curb of D Street Southwest; that portion of D 
                        Street Southwest from the west curb of Third 
                        Street Southwest to the east curb of Second 
                        Street Southwest; that portion of Washington 
                        Avenue Southwest, including sidewalks and 
                        traffic islands, from the south curb of 
                        Independence Avenue Southwest to the west curb 
                        of South Capitol Street.
            (B) Repair and maintenance of utility services
                The Mayor may enter any part of the Grounds to repair or 
            maintain or, subject to the approval of the Architect, 
            construct or alter, any utility service of the District of 
            Columbia Government.
      1108  Sec. 5103. Restrictions on public use of United States 
                Capitol Grounds
                Public travel in, and occupancy of, the United States 
            Capitol Grounds is restricted to the roads, walks, and 
            places prepared for that purpose.
      1109  Sec. 5104. Unlawful activities
            (a) Definitions
                In this section--
                (1) Act of physical violence.--The term ``act of 
            physical violence'' means any act involving--
                            (A) an assault or other infliction or threat 
                        of infliction of death or bodily harm on an 
                        individual; or
                            (B) damage to, or destruction of, real or 
                        personal property.
                (2) Dangerous weapon.--The term ``dangerous weapon'' 
            includes--
                            (A) all articles enumerated in section 14(a) 
                        of the Act of July 8, 1932 (ch. 465, 47 Stat. 
                        654); and
                            (B) a device designed to expel or hurl a 
                        projectile capable of causing injury to 
                        individuals or property, a dagger, a dirk, a 
                        stiletto, and a knife having a blade over three 
                        inches in length.
                (3) Explosives.--The term ``explosives'' has the meaning 
            given that term in section 841(d) of title 18.
                (4) Firearm.--The term ``firearm'' has the meaning given 
            that term in section 921(3) of title 18.
            (b) Obstruction of Roads
                A person may not occupy the roads in the United States 
            Capitol Grounds in a manner that obstructs or hinders their 
            proper use, or use the roads in the area of the Grounds, 
            south of Constitution Avenue and B Street and north of 
            Independence Avenue and B Street, to convey

[[Page 876]]

            goods or merchandise, except to or from the United States 
            Capitol on Federal Government service.
            (c) Sale of Articles, Display of Signs, and Solicitations
                A person may not carry out any of the following 
            activities in the Grounds:
                (1) offer or expose any article for sale.
                (2) display a sign, placard, or other form of 
            advertisement.
                (3) solicit fares, alms, subscriptions, or 
            contributions.
            (d) Injuries to Property
                A person may not step or climb on, remove, or in any way 
            injure any statue, seat, wall, fountain, or other erection 
            or architectural feature, or any tree, shrub, plant, or 
            turf, in the Grounds.
            (e) Capitol Grounds and Buildings Security
                (1) Firearms, dangerous weapons, explosives, or 
            incendiary devices.--An individual or group of individuals--
                            (A) except as authorized by regulations 
                        prescribed by the Capitol Police Board--

                                (i) may not carry on or have readily 
                            accessible to any individual on the Grounds 
                            or in any of the Capitol Buildings a 
                            firearm, a dangerous weapon, explosives, or 
                            an incendiary device;

                                (ii) may not discharge a firearm or 
                            explosives, use a dangerous weapon, or 
                            ignite an incendiary device, on the Grounds 
                            or in any of the Capitol Buildings; or

                                (iii) may not transport on the Grounds 
                            or in any of the Capitol Buildings 
                            explosives or an incendiary device; or

                            (B) may not knowingly, with force and 
                        violence, enter or remain on the floor of either 
                        House of Congress.
                (2) Violent entry and disorderly conduct.--An individual 
            or group of individuals may not willfully and knowingly--
                            (A) enter or remain on the floor of either 
                        House of Congress or in any cloakroom or lobby 
                        adjacent to that floor, in the Rayburn Room of 
                        the House of Representatives, or in the Marble 
                        Room of the Senate, unless authorized to do so 
                        pursuant to rules adopted, or an authorization 
                        given, by that House;
                            (B) enter or remain in the gallery of either 
                        House of Congress in violation of rules 
                        governing admission to the gallery adopted by 
                        that House or pursuant to an authorization given 
                        by that House;
                            (C) with the intent to disrupt the orderly 
                        conduct of official business, enter or remain in 
                        a room in any of the Capitol Buildings set aside 
                        or designated for the use of either House of 
                        Congress or a Member, committee, officer, or 
                        employee of Congress or either House of 
                        Congress;
                            (D) utter loud, threatening, or abusive 
                        language, or engage in disorderly or disruptive 
                        conduct, at any place in the Grounds or in any 
                        of the Capitol Buildings with the intent to 
                        impede, disrupt, or disturb the orderly conduct 
                        of a session of Congress or either House of 
                        Congress, or the orderly conduct in that 
                        building of a hearing before, or any 
                        deliberations of, a committee of Congress or 
                        either House of Congress;

[[Page 877]]

                            (E) obstruct, or impede passage through or 
                        within, the Grounds or any of the Capitol 
                        Buildings;
                            (F) engage in an act of physical violence in 
                        the Grounds or any of the Capitol Buildings; or
                            (G) parade, demonstrate, or picket in any of 
                        the Capitol Buildings.
                (3) Exemption of Government officials.--This subsection 
            does not prohibit any act performed in the lawful discharge 
            of official duties by--
                            (A) a Member of Congress;
                            (B) an employee of a Member of Congress;
                            (C) an officer or employee of Congress or a 
                        committee of Congress; or
                            (D) an officer or employee of either House 
                        of Congress or a committee of that House.
            (f) Parades, Assemblages, and Display of Flags
                Except as provided in section 5106 of this title, a 
            person may not--
                            (1) parade, stand, or move in processions or 
                        assemblages in the Grounds; or
                            (2) display in the Grounds a flag, banner, 
                        or device designed or adapted to bring into 
                        public notice a party, organization, or 
                        movement.
      1110  Sec. 5105. Assistance to authorities by Capitol employees
                Each individual employed in the service of the Federal 
            Government in the United States Capitol or within the United 
            States Capitol Grounds shall prevent, as far as may be in 
            the individual's power, a violation of a provision of this 
            chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 
            31, 1946. (Ch. 707, 60 Stat. 719, 720), and shall aid the 
            police in securing the arrest and conviction of the 
            individual violating the provision.
      1111  Sec. 5106. Suspension of prohibitions
            (a) Authority to Suspend
                To allow the observance in the United States Capitol 
            Grounds of occasions of national interest becoming the 
            cognizance and entertainment of Congress, the President of 
            the Senate and the Speaker of the House of Representatives 
            concurrently may suspend any of the prohibitions contained 
            in sections 5103 and 5104 of this title that would prevent 
            the use of the roads and walks within the Grounds by 
            processions or assemblages, and the use in the Grounds of 
            suitable decorations, music, addresses, and ceremonies, if 
            responsible officers have been appointed and the President 
            and the Speaker determine that adequate arrangements have 
            been made to maintain suitable order and decorum in the 
            proceedings and to guard the United States Capitol and its 
            grounds from injury.
            (b) Power to Suspend Prohibitions in Absence of President or 
                Speaker
                If either the President or Speaker is absent from the 
            District of Columbia, the authority to suspend devolves on 
            the other officer. If both officers are absent, the 
            authority devolves on the Capitol Police Board.

[[Page 878]]

            (c) Authority of Mayor To Permit Use of Louisiana Avenue
                Notwithstanding subsection (a) and section 5104(f) of 
            this title, the Capitol Police Board may grant the Mayor of 
            the District of Columbia authority to permit the use of 
            Louisiana Avenue for any of the purposes prohibited by 
            section 5104(f).
      1112  Sec. 5107. Concerts on grounds
                Sections 5102, 5103, 5104(b)-(f), 5105, 5105, and 5109 
            of this title and sections 9, 9A, 9B, and 9C of the Act of 
            July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit 
            a band in the service of the Federal Government from giving 
            concerts in the United States Capitol Grounds at times which 
            will not interfere with Congress and as authorized by the 
            Architect of the Capitol.
      1113  Sec. 5108. Audit of private organizations
                A private organization (except a political party or 
            committee constituted for the election of federal 
            officials), whether or not organized for profit and whether 
            or not any of its income inures to the benefit of any 
            person, that performs services or conducts activities in the 
            United States Capitol Buildings or Grounds is subject to a 
            special audit of its accounts for each year in which it 
            performs those services or conducts those activities. The 
            Comptroller General shall conduct the audit and report the 
            results of the audit to the Senate and the House of 
            Representatives.
      1114  Sec. 5109. Penalties
            (a) Firearms, Dangerous Weapons, Explosives, or Incendiary 
                Device Offenses
                An individual or group violating section 5104(e)(1) of 
            this title, or attempting to commit a violation, shall be 
            fined under title 18, imprisoned for not more than five 
            years, or both.
            (b) Other Offenses
                A person violating section 5103 or 5104(b), (c), (d), 
            (e)(2), or (f) of this title, or attempting to commit a 
            violation, shall be fined under title 18, imprisoned for not 
            more than six months, or both.
            (c) Procedure
            (1) In general
                An action for a violation of this chapter or section 9, 
            9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 
            Stat. 719, 720), including an attempt or a conspiracy to 
            commit a violation, shall be brought by the Attorney General 
            in the name of the United States. This chapter and sections 
            9, 9A, 9B, 9C and 14 do not supersede any provision of 
            federal law or the laws of the District of Columbia. Where 
            the conduct violating this chapter or section 9, 9A, 9B, 9C 
            or 14 also violates federal law or the laws of the District 
            of Columbia, both violations may be joined in a single 
            action.
            (2) Venue
                An action under this section for a violation of--
                            (A) section 5104(e)(1) of this title or for 
                        conduct that constitutes a felony under federal 
                        law or the laws of the District of Columbia

[[Page 879]]

                        shall be brought in the United States District 
                        Court for the District of Columbia; and
                            (B) any other section referred to in 
                        subsection (a) may be brought in the Superior 
                        Court of the District of Columbia.
            (3) Amount of penalty
                The penalty which may be imposed on a person convicted 
            in an action under this subsection is the highest penalty 
            authorized by any of the laws the defendant is convicted of 
            violating.
            
                         Part C--Federal Building Complexes

            
              Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

      1115  Sec. 6501. Definition
                In this chapter, the term ``Chief Justice'' means the 
            Chief Justice of the United States or the designee of the 
            Chief Justice, except that when there is a vacancy in the 
            office of the Chief Justice, the most senior associate 
            justice of the Supreme Court shall be deemed to be the Chief 
            Justice for purposes of this chapter until the vacancy is 
            filled.
      1116  Sec. 6502. Thurgood Marshall Federal Judiciary Building
            (a) Establishment and Designation
                There is a Federal Judiciary Building in Washington, 
            D.C., known and designated as the ``Thurgood Marshall 
            Federal Judiciary Building''.
            (b) Title
                (1) Squares 721 and 722.--Title to squares 721 and 722 
            remains in the Federal Government.
                (2) Building.--Title to the Building and other 
            improvements constructed or otherwise made immediately 
            reverts to the Government at the expiration of not more than 
            30 years from the effective date of the lease agreement 
            referred to in section 6504 of this title without payment of 
            any compensation by the Government.
            (c) Limitations
                (1) Size of building.--The Building (excluding parking 
            facilities) may not exceed 520,000 gross square feet in size 
            above the level of Columbia Plaza in the District of 
            Columbia.
                (2) Height of building.--The height of the Building and 
            other improvements shall be compatible with the height of 
            surrounding Government and historic buildings and conform to 
            the provisions of the Act of June 1, 1910 (ch. 263, 36 Stat. 
            452) (known as the Building Height Act of 1910).
                (3) Design.--The Building and other improvements shall--
                            (A) be designed in harmony with historical 
                        and Government buildings in the vicinity;
                            (B) reflect the symbolic importance and 
                        historic character of the United States Capitol 
                        and other buildings on the United States Capitol 
                        Grounds; and
                            (C) represent the dignity and stability of 
                        the Government.

[[Page 880]]

            (d) Approval of Chief Justice
                All final decisions regarding architectural design of 
            the Building are subject to the approval of the Chief 
            Justice.
            (e) Chilled Water and Steam From Capitol Power Plant
                If the Building is connected with the Capitol Power 
            Plant, the Architect of the Capitol shall furnish chilled 
            water and steam from the Plant to the Building on a 
            reimbursable basis.
            (f) Construction Standards
                The Building and other improvements constructed under 
            this chapter shall meet all standards applicable to 
            construction of a federal building.
            (g) Accounting System
                The Architect shall maintain an accounting system for 
            operation and maintenance of the Building and other 
            improvements which will allow accurate projections of the 
            dates and cost of major repairs, improvements, 
            reconstructions, and replacements of the Building and 
            improvements and other capital expenditures on the Building 
            and improvements.
            (h) Nonapplicability of Certain Laws
                (1) Building codes, permits, or inspection.--The 
            Building is not subject to any law of the District of 
            Columbia relating to building codes, permits, or inspection, 
            including any such law enacted by Congress.
                (2) Taxes.--The Building and other improvements 
            constructed under this chapter are not subject to any law of 
            the District of Columbia relating to real estate and 
            personal property taxes, special assessments, or other 
            taxes, including any such law enacted by Congress.
      1117  Sec. 6503. Commission for the Judiciary Office Building
            (a) Establishment and Membership
                There is a Commission for the Judiciary Office Building, 
            composed of the following 13 members or their designees:
                (1) Two individuals appointed by the Chief Justice from 
            among justices of the Supreme Court and other judges of the 
            United States.
                (2) The members of the House Office Building Commission.
                (3) The majority leader and minority leader of the 
            Senate.
                (4) The Chairman and the ranking minority member of the 
            Senate Committee on Rules and Administration.
                (5) The Chairman and the ranking minority member of the 
            Senate Committee on Environment and Public Works.
                (6) The Chairman and ranking minority member of the 
            Committee on Transportation and Infrastructure of the House 
            of Representatives.
            (b) Quorum
                Seven members of the Commission is a quorum.
            (c) Duties
                The Commission is responsible for the supervision of the 
            design, construction, operation, maintenance, structural, 
            mechanical, and domestic care, and security of the Thurgood 
            Marshall Federal Judiciary Building. The Commission shall 
            prescribe regulations to govern the actions of the Architect 
            of the Capitol under this chapter and to govern the use and 
            occupancy of all space in the Building.

[[Page 881]]


      1118  Sec. 6504. Lease of building
            (a) Lease Agreement
                Under an agreement with the person selected to construct 
            the Thurgood Marshall Federal Judiciary Building, the 
            Architect of the Capitol shall lease the Building to carry 
            out the objectives of this chapter.
            (b) Minimum Requirements of Lease Agreement
                The agreement includes at a minimum the following:
                (1) Limit on length of lease.--The Architect will lease 
            the Building and other improvements for not more than 30 
            years from the effective date of the agreement.
                (2) Rental rate.--The rental rate per square foot of 
            occupiable space for all space in the Building and other 
            improvements will be in the best interest of the Federal 
            Government and will carry out the objectives of this 
            chapter. The aggregate rental rate for all space in the 
            Building and other improvements shall produce an amount at 
            least equal to the amount necessary to amortize the cost of 
            development of squares 721 and 722 in the District of 
            Columbia over the life of the lease.
                (3) Authority to make space available and sublease 
            space.--The Architect may make space available and sublease 
            space in the Building and other improvements in accordance 
            with section 6506 of this title.
                (4) Other terms and conditions.--The agreement contains 
            terms and conditions the Architect prescribes to carry out 
            the objectives of this chapter.
            (c) Obligation of Amounts
                Obligation of amounts for lease payments under this 
            section may only be made--
                            (1) on an annual basis; and
                            (2) from the account described in section 
                        6507 of this title.
      1119  Sec. 6505. Structural and mechanical care and security
            (a) Structural and Mechanical Care
                The Architect of the Capitol, under the direction of the 
            Commission for the Judiciary Office Building--
                (1) is responsible for the structural and mechanical 
            care and maintenance of the Thurgood Marshall Federal 
            Judiciary Building and improvements, including the care and 
            maintenance of the grounds of the Building, in the same 
            manner and to the same extent as for the structural and 
            mechanical care and maintenance of the Supreme Court 
            Building under section 6111 of this title; and
                (2) shall perform all other duties and work required for 
            the operation and domestic care of the Building and 
            improvements.
            (b) Security
                (1) Capitol Police.--The United States Capitol Police--
                            (A) are responsible for all exterior 
                        security of the Building and other improvements 
                        constructed under this chapter; and
                            (B) may police the Building and other 
                        improvements, including the interior and 
                        exterior, and may make arrests within the 
                        interior and exterior of the Building and other 
                        improvements for any violation of federal or 
                        state law or the laws of the District of 
                        Columbia, or any regulation prescribed under any 
                        of those laws.

[[Page 882]]

                (2) Marshal of the Supreme Court.--This chapter does not 
            interfere with the obligation of the Marshal of the Supreme 
            Court to protect justices, officers, employees, or other 
            personnel of the Supreme Court who may occupy the Building 
            and other improvements.
                (3) Reimbursement.--The Architect shall transfer from 
            the account described in section 6507 of this title amounts 
            necessary to reimburse the United States Capitol Police for 
            expenses incurred in providing exterior security under this 
            subsection. The Capitol Police may accept amounts the 
            Architect transfers under this paragraph. Those amounts 
            shall be credited to the appropriation account charged by 
            the Capitol Police in carrying out security duties.
      1120  Sec. 6506. Allocation of space
            (a) Priority
                (1) Judicial branch.--Subject to this section, the 
            Architect of the Capitol shall make available to the 
            judicial branch of the Federal Government all space in the 
            Thurgood Marshall Federal Judiciary Building and other 
            improvements constructed under this chapter. The space shall 
            be made available on a reimbursable basis and substantially 
            in accordance with the report referred to in section 3(b)(1) 
            of the Judiciary Office Building Development Act (Public Law 
            100-480, 102 Stat. 2330).
                (2) Other Federal Governmental entities.--The Architect 
            may make available to Federal Governmental entities which 
            are not part of the judicial branch and which are not staff 
            of Members of Congress or congressional committees any space 
            in the Building and other improvements that the Chief 
            Justice decides is not needed by the judicial branch. The 
            space shall be made available on a reimbursable basis.
                (3) Other persons.--If any space remains, the Architect 
            may sublease it pursuant to subsection (e), under the 
            direction of the Commission for the Judiciary Office 
            Building, to any person.
            (b) Space for Judicial Branch and Other Federal Governmental 
                Entities
                Space made available under subsection (a)(1) or (2) is 
            subject to--
                (1) terms and conditions necessary to carry out the 
            objectives of this chapter; and
                (2) reimbursement at the rate established under section 
            6504(b)(2) of this title plus an amount necessary to pay 
            each year for the cost of administering the Building and 
            other improvements (including the cost of operation, 
            maintenance, rehabilitation, security, and structural, 
            mechanical, and domestic care) that is attributable to the 
            space, with the amount to be determined by the Architect 
            and--
                            (A) in the case of the judicial branch, the 
                        Director of the Administrative Office of the 
                        United States Courts; or
                            (B) in the case of any federal governmental 
                        entity not a part of the judicial branch, the 
                        entity.
            (c) Space for Judicial Branch
                (1) Assignment of space within judicial branch.--The 
            Director may assign space made available to the judicial 
            branch under subsection (a)(1) among offices of the judicial 
            branch as the Director considers appropriate.
                (2) Vacating occupied space.--When the Chief Justice 
            notifies the Architect that the judicial branch requires 
            additional space in the Building

[[Page 883]]

            and other improvements, the Architect shall accommodate 
            those requirements within 90 days after the date of the 
            notification, except that if the space was made available to 
            the Administrator of General Services, it shall be vacated 
            expeditiously by not later than a date the Chief Justice and 
            the Administrator agree on.
                (3) Unoccupied space.--The Chief Justice has the right 
            of first refusal to use unoccupied space in the Building to 
            meet the needs of the judicial branch.
            (d) Lease by Architect
                (1) Authority to lease.--Subject to approval by the 
            Committees on Appropriations of the House of Representatives 
            and the Senate, the House Office Building Commission, and 
            the Committee on Rules and Administration of the Senate, the 
            Architect may lease and occupy not more than 75,000 square 
            feet of space in the Building.
                (2) Payments.--Payments under the lease shall be made on 
            vouchers the Architect approves. Necessary amounts may be 
            appropriated--
                            (A) to the Architect to carry out this 
                        subsection, including amounts for acquiring and 
                        installing furniture and furnishings; and
                            (B) to the Sergeant at Arms of the Senate to 
                        plan for, acquire, and install 
                        telecommunications equipment and services for 
                        the Architect with respect to space leased under 
                        this subsection.
            (e) Subleased Space
                (1) Rental rate.--Space subleased by the Architect under 
            subsection (a)(3) is subject to reimbursement at a rate 
            which is comparable to prevailing rental rates for similar 
            facilities in the area but not less than the rate 
            established under section 6504(b)(2) of this title plus an 
            amount the Architect and the person subleasing the space 
            agree is necessary to pay each year for the cost of 
            administering the Building (including the cost of operation, 
            maintenance, rehabilitation, security, and structural, 
            mechanical, and domestic care) that is attributable to the 
            space.
                (2) Limitation.--A sublease under subsection (a)(3) must 
            be compatible with the dignity and functions of the judicial 
            branch offices housed in the Building and must not unduly 
            interfere with the activities and operations of the judicial 
            branch agencies housed in the Building. Sections 5104(c) and 
            5108 of this title do not apply to any space in the Building 
            and other improvements subleased to a non-Government tenant 
            under subsection (a)(3).
                (3) Collection of rent.--The Architect shall collect 
            rent for space subleased under subsection (a)(3).
            (f) Deposit of Rent and Reimbursements
                Amounts received under subsection (a)(3) (including 
            lease payments and reimbursements) shall be deposited in the 
            account described in section 6507 of this title.
      1121  Sec. 6507. Account in Treasury
            (a) Establishment and Contents of Separate Account
                There is a separate account in the Treasury. The account 
            includes all amounts deposited in the account under section 
            6506(f) of this title and amounts appropriated to the 
            account. However, the appropriated amounts may not be more 
            than $2,000,000.

[[Page 884]]

            (b) Use of Amounts
                Amounts in the account are available to the Architect of 
            the Capitol--
                (1) for paying expenses for structural, mechanical, and 
            domestic care, maintenance, operation, and utilities of the 
            Thurgood Marshall Federal Judiciary Building and other 
            improvements constructed under this chapter;
                (2) for reimbursing the United States Capitol Police for 
            expenses incurred in providing exterior security for the 
            Building and other improvements;
                (3) for making lease payments under section 6504 of this 
            title; and
                (4) for necessary personnel (including consultants).
            
              Chapter 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE 
                                       WORKS

      1122  Sec. 8901. Purposes
                The purposes of this chapter are--
                (1) to preserve the integrity of the comprehensive 
            design of the L'Enfant and McMillan plans for the Nation's 
            Capital;
                (2) to ensure the continued public use and enjoyment of 
            open space in the District of Columbia;
                (3) to preserve, protect and maintain the limited amount 
            of open space available to residents of, and visitors to, 
            the Nation's Capital; and
                (4) to ensure that future commemorative works in areas 
            administered by the National Park Service and the 
            Administrator of General Services in the District of 
            Columbia and its environs--
                            (A) are appropriately designed, constructed, 
                        and located; and
                            (B) reflect a consensus of the lasting 
                        national significance of the subjects involved.
      1123  Sec. 8902. Definitions and nonapplication
            (a) Definitions
                In this chapter, the following definitions apply:
                (1) Commemorative work.--The term ``commemorative 
            work''--
                            (A) means any statue, monument, sculpture, 
                        memorial, plaque, inscription, or other 
                        structure or landscape feature, including a 
                        garden or memorial grove, designed to perpetuate 
                        in a permanent manner the memory of an 
                        individual, group, event or other significant 
                        element of American history; but
                            (B) does not include an item described in 
                        subclause (A) that is located within the 
                        interior of a structure or a structure which is 
                        primarily used for other purposes.
                (2) Person.--The term ``person'' means--
                            (A) a public agency; and
                            (B) an individual, group or organization--

                                (i) described in section 501(c)(3) of 
                            the Internal Revenue Code of 1986 (26 U.S.C. 
                            501(c)(3)) and exempt from tax under section 
                            501(a) of the Code (26 U.S.C. 501(a)); and

                                (ii) authorized by Congress to establish 
                            a commemorative work in the District of 
                            Columbia and its environs.

                (3) The District of Columbia and its environs.--The term 
            ``the District of Columbia and its environs'' means land and 
            property located in Areas

[[Page 885]]

            I and II as depicted on the map numbered 869/86501, and 
            dated May 1, 1986, that the National Park Service and the 
            Administrator of General Services administer.
            (b) Nonapplication
                This chapter does not apply to commemorative works 
            authorized by a law enacted before January 3, 1985.
      1124  Sec. 8903. Congressional authorization of commemorative 
                works
            (a) In General
                Commemorative works--
                            (1) may be established on federal lands 
                        referred to in section 8901(4) of this title 
                        only as specifically authorized by law; and
                            (2) are subject to applicable provisions of 
                        this chapter.
            (b) Military Commemorative Works
                A military commemorative work may be authorized only to 
            commemorate a war or similar major military conflict or a 
            branch of the armed forces. A commemorative work 
            commemorating a lesser conflict or a unit of an armed force 
            may not be authorized. Commemorative works to a war or 
            similar major military conflict may not be authorized until 
            at least 10 years after the officially designated end of the 
            event.
            (c) Works Commemorating Events, Individuals, or Groups
                A commemorative work commemorating an event, individual, 
            or group of individuals, except a military commemorative 
            work as described in subsection (b), may not be authorized 
            until after the 25th anniversary of the event, death of the 
            individual, or death of the last surviving member of the 
            group.
            (d) Consultation With National Capital Memorial Commission
                In considering legislation authorizing commemorative 
            works in the District of Columbia and its environs, the 
            Committee on House Administration of the House of 
            Representatives and the Committee on Energy and Natural 
            Resources of the Senate shall solicit the views of the 
            National Capital Memorial Commission.
            (e) Expiration of Legislative Authority
                Legislative authority for a commemorative work expires 
            at the end of the seven-year period beginning on the date 
            the authority is enacted unless the Secretary of the 
            Interior or Administrator of General Services, as 
            appropriate, has issued a construction permit for the 
            commemorative work during that period.
      1125  Sec. 8904. National Capital Memorial Commission
            (a) Establishment and Composition
                There is a National Capital Memorial Commission. The 
            membership of the Commission consists of--
                            (1) the Director of the National Park 
                        Service;
                            (2) the Architect of the Capitol;
                            (3) the Chairman of the American Battle 
                        Monuments Commission;
                            (4) the Chairman of the Commission of Fine 
                        Arts;
                            (5) the Chairman of the National Capital 
                        Planning Commission;
                            (6) the Mayor of the District of Columbia;

[[Page 886]]

                            (7) the Commissioner of the Public Buildings 
                        Service of the General Services Administration; 
                        and
                            (8) the Secretary of Defense.
            (b) Chairman
                The Director is the Chairman of the National Capital 
            Memorial Commission.
            (c) Advisory Role
                The National Capital Memorial Commission shall advise 
            the Secretary of the Interior and the Administrator of 
            General Services on policy and procedures for establishment 
            of, and proposals to establish, commemorative works in the 
            District of Columbia and its environs and on other matters 
            concerning commemorative works in the Nation's Capital as 
            the Commission considers appropriate.
            (d) Meetings
                The National Capital Memorial Commission shall meet at 
            least twice annually.
      1126  Sec. 8905. Site and design approval
            (a) Consultation on, and Submission of, Proposals
                A person authorized by law to establish a commemorative 
            work in the District of Columbia and its environs may 
            request a permit for construction of the commemorative work 
            only after the following requirements are met:
                            (1) Consultation.--The person must consult 
                        with the National Capital Memorial Commission 
                        regarding the selection of alternative sites and 
                        designs for the commemorative work.
                            (2) Submittal.--Following consultation in 
                        accordance with clause (1), the Secretary of the 
                        Interior or the Administrator of General 
                        Services, as appropriate, must submit, on behalf 
                        of the person, site and design proposals to the 
                        Commission of Fine Arts and the National Capital 
                        Planning Commission for their approval.
            (b) Decision Criteria
                In considering site and design proposals, the Commission 
            of Fine Arts, National Capital Planning Commission, 
            Secretary, and Administrator shall be guided by, but not 
            limited by, the following criteria:
                            (1) Surroundings.--To the maximum extent 
                        possible, a commemorative work shall be located 
                        in surroundings that are relevant to the subject 
                        of the work.
                            (2) Location.--A commemorative work shall be 
                        located so that--

                                (A) it does not interfere with, or 
                            encroach on, an existing commemorative work; 
                            and

                                (B) to the maximum extent practicable, 
                            it protects open space and existing public 
                            use.

                            (3) Material.--A commemorative work shall be 
                        constructed of durable material suitable to the 
                        outdoor environment.
                            (4) Landscape features.--Landscape features 
                        of commemorative works shall be compatible with 
                        the climate.

[[Page 887]]


      1127  Sec. 8906. Criteria for issuance of construction permit
            (a) Criteria for Issuing Permit
                Before issuing a permit for the construction of a 
            commemorative work in the District of Columbia and its 
            environs, the Secretary of the Interior or Administrator of 
            General Services, as appropriate, shall determine that--
                            (1) the site and design have been approved 
                        by the Secretary or Administrator, the National 
                        Capital Planning Commission and the Commission 
                        of Fine Arts;
                            (2) knowledgeable individuals qualified in 
                        the field of preservation and maintenance have 
                        been consulted to determine structural soundness 
                        and durability of the commemorative work and to 
                        ensure that the commemorative work meets high 
                        professional standards;
                            (3) the person authorized to construct the 
                        commemorative work has submitted contract 
                        documents for construction of the commemorative 
                        work to the Secretary or Administrator; and
                            (4) the person authorized to construct the 
                        commemorative work has available sufficient 
                        amounts to complete construction of the project.
            (b) Donation for Perpetual Maintenance and Preservation
                (1) Amount.--In addition to the criteria described in 
            subsection (a), a construction permit may not be issued 
            unless the person authorized to construct the commemorative 
            work has donated an amount equal to 10 percent of the total 
            estimated cost of construction to offset the costs of 
            perpetual maintenance and preservation of the commemorative 
            work. The amounts shall be credited to a separate account in 
            the Treasury.
                (2) Availability.--The Secretary of the Treasury shall 
            make any part of the donated amount available to the 
            Secretary of the Interior or Administrator for maintenance 
            at the request of the Secretary of the Interior or 
            Administrator. The Secretary of the Interior or 
            Administrator shall not request more from the separate 
            account than the total amount deposited by persons 
            establishing commemorative works in areas the Secretary of 
            the Interior or Administrator administers.
                (3) Inventory of available amounts.--The Secretary of 
            the Interior and Administrator shall maintain an inventory 
            of amounts available under this subsection. The amounts are 
            not subject to annual appropriations.
                (4) Nonapplicability.--This subsection does not apply 
            when a department or agency of the Federal Government 
            constructs the work and less than 50 percent of the funding 
            for the work is provided by private sources.
            (c) Suspension for Misrepresentation in Fundraising
                The Secretary of the Interior or Administrator may 
            suspend any activity under this chapter that relates to the 
            establishment of a commemorative work if the Secretary or 
            Administrator determines that fundraising efforts relating 
            to the work have misrepresented an affiliation with the work 
            or the Federal Government.

[[Page 888]]

            (d) Annual Report
                The person authorized to construct a commemorative work 
            under this chapter must submit to the Secretary of the 
            Interior or Administrator an annual report of operations, 
            including financial statements audited by an independent 
            certified public accountant. The person shall pay for the 
            report.
      1128  Sec. 8907. Temporary site designation
            (a) Criterion for Designation
                If the Secretary of the Interior, in consultation with 
            the National Capital Memorial Commission, determines that a 
            site where commemorative works may be displayed on a 
            temporary basis is necessary to aid in the preservation of 
            the limited amount of open space available to residents of, 
            and visitors to, the Nation's Capital, a site may be 
            designated on land the Secretary administers in the District 
            of Columbia.
            (b) Plan
                A designation may be made under subsection (a) only if, 
            at least 120 days before the designation, the Secretary, in 
            consultation with the Commission, prepares and submits to 
            Congress a plan for the site. The plan shall include 
            specifications for the location, construction, and 
            administration of the site and criteria for displaying 
            commemorative works at the site.
            (c) Risk and Agreement To Indemnify
                A commemorative work displayed at the site shall be 
            installed, maintained, and removed at the sole expense and 
            risk of the person authorized to display the work. The 
            person shall agree to indemnify the United States for any 
            liability arising from the display of the commemorative work 
            under this section.
      1129  Sec. 8908. Areas I and II
            (a) Availability of Map
                The Secretary of the Interior and Administrator of 
            General Services shall make available, for public inspection 
            at appropriate offices of the National Park Service and the 
            General Services Administration, the map numbered 869/86501, 
            and dated May 1, 1986.
            (b) Specific Conditions Applicable to Area I and Area II
                (1) Area I.--After seeking the advice of the National 
            Capital Memorial Commission, the Secretary or Administrator, 
            as appropriate, may recommend the location of a 
            commemorative work in Area I only if the Secretary or 
            Administrator decides that the subject of the commemorative 
            work is of preeminent historical and lasting significance to 
            the United States. The Secretary or Administrator shall 
            notify the Commission, the Committee on House Administration 
            of the House of Representatives, and the Committee on Energy 
            and Natural Resources of the Senate of the recommendation 
            that a commemorative work should be located in Area I. The 
            location of a commemorative work in Area I is deemed to be 
            authorized only if the recommendation is approved by law not 
            later than 150 calendar days after the notification.
                (2) Area II.--Commemorative works of subjects of lasting 
            historical significance to the American people may be 
            located in Area II.

[[Page 889]]


      1130  Sec. 8909. Administrative
            (a) Maintenance of Documentation of Design and Construction
                Complete documentation of design and construction of 
            each commemorative work located in the District of Columbia 
            and its environs shall be provided to the Secretary of the 
            Interior or Administrator of General Services, as 
            appropriate, and shall be permanently maintained in the 
            manner provided by law.
            (b) Responsibility for Maintenance of Completed Work
                On completion of any commemorative work in the District 
            of Columbia and its environs, the Secretary or 
            Administrator, as appropriate, shall assume responsibility 
            for maintaining the work.
            (c) Regulations or Standards
                The Secretary and Administrator shall prescribe 
            appropriate regulations or standards to carry out this 
            chapter.
                             41 u.s.c.--public contracts

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[[Page 890]]


 
                             TITLE 41.--PUBLIC CONTRACTS

            
                           Chapter 1.--GENERAL PROVISIONS

      1131  Sec. 6a-1. Architect of the Capitol, exception from 
                advertisement requirement.

                On and after July 27, 1965, the purchase of supplies and 
            equipment and the procurement of services for all branches 
            under the Architect of the Capitol may be made in the open 
            market without compliance with section 5 of this title in 
            the manner common among businessmen, when the aggregate 
            amount of the purchase or the service does not exceed 
            $25,000 in any instance. (As amended Pub. L. 93-356, Sec. 2, 
            July 25, 1974, 88 Stat. 390, Pub. L. 98-191 Sec. 9(c), Dec. 
            1, 1983, 98 Stat. 1332.)

      1132  Sec. 6a-2. Architect of the Capitol, authority for personal 
                services contracts with legal entities.

                Notwithstanding any other provision of law, the 
            Architect of the Capitol is authorized to contract for 
            personal services with any firm, partnership, corporation, 
            association, or other legal entity in the same manner as he 
            is authorized to contract for personal services with 
            individuals under the provisions of section 5 of this title. 
            (Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.)

      1133  Sec. 22. Interest of Member of Congress.

                No member of Congress shall be admitted to any share or 
            part of any contract or agreement made, entered into, or 
            accepted by or on behalf of the United States, or to any 
            benefit to arise thereupon. (R.S. Sec. 3741; Feb. 27, 1877, 
            ch. 69, Sec. 1, 19 Stat. 249; Jan. 25, 1934, ch. 5, 48 Stat. 
            337; June 27, 1934, ch. 847, Title V, Sec. 510, 48 Stat. 
            1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Oct. 13, 1994, 
            Pub. L. 103-355, Sec. 6004, 108 Stat. 3364.)
            Note

                Section 903 of the Supplemental Appropriations Act, 
            1983, provided the following:
                Sec. 903. (a) Notwithstanding any provision to the 
            contrary in any contract which is entered into by any person 
            and either the Administrator of General Services or a 
            contracting officer of any executive agency and under which 
            such person agrees to sell or lease to the Federal 
            Government (or any one or more entities thereof) any unit of 
            property, supplies, or services at a specified price or 
            under specified terms and conditions (or both), such person 
            may sell or lease to the Congress the same type of such 
            property, supplies, or services at a unit price or under 
            terms and conditions (or both) which are different from 
            those specified in such contract; and any such sale or lease 
            of any unit or units of such property, supplies, or services 
            to the Congress shall not be taken into account for the 
            purpose of determining the price at which, or the terms and 
            conditions under which, such person is obligated under such 
            contract to sell or lease any unit of such property, 
            supplies, or services to any entity of the Federal 
            Government other than the Congress. For purposes of the 
            preceding sentence, any sale or lease of property, supplies, 
            or services to the Senate (or any office or instrumen

[[Page 891]]

            tality thereof), or to the House of Representatives (or any 
            office or instrumentality thereof) shall be deemed to be a 
            sale or lease of such property, supplies, or services to the 
            Congress.
                (b) The provisions of this section shall take effect 
            with respect to sales or leases of property, supplies, or 
            services to the Congress after July 29, 1983.
                        42 u.s.c.--the public health welfare

                  general and permanent laws relating to the senate


[[Page 892]]


 
                      TITLE 42.--THE PUBLIC HEALTH AND WELFARE

            
                Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH 
                                    DISABILITIES

                                    * * * * * * *

      1135  Sec. 12209. Instrumentalities of the Congress.
                The General Accounting Office, the Government Printing 
            Office, and the Library of Congress shall be covered as 
            follows:
                    (1) In general
                The rights and protections under this chapter shall, 
            subject to paragraph (2), apply with respect to the conduct 
            of each instrumentality of the Congress.
                    (2) Establishment of remedies and procedures by 
                            instrumentalities
                The chief official of each instrumentality of the 
            Congress shall establish remedies and procedures to be 
            utilized with respect to the rights and protections provided 
            pursuant to paragraph (1).
                    (3) Report to Congress
                The chief official of each instrumentality of the 
            Congress shall, after establishing remedies and procedures 
            for purposes of paragraph (2), submit to the Congress a 
            report describing the remedies and procedures.
                    (4) Definition of instrumentalities
                For purposes of this section, the term ``instrumentality 
            of the Congress'' means the following: the General 
            Accounting Office, the Government Printing Office, and the 
            Library of Congress.
                    (5) Enforcement of employment rights
                The remedies and procedures set forth in section 717 of 
            the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be 
            available to any employee of an instrumentality of the 
            Congress who alleges a violation of the rights and 
            protections under sections 102 through 104 of this Act that 
            are made applicable by this section, except that the 
            authorities of the Equal Employment Opportunity Commission 
            shall be exercised by the chief official of the 
            instrumentality of the Congress.
                    (6) Enforcement of rights to public services and 
                            accommodations
                The remedies and procedures set forth in section 717 of 
            the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be 
            available to any qualified person with a disability who is a 
            visitor, guest, or patron of an instrumentality of Congress 
            and who alleges a violation of the rights and protections 
            under sections 201 through 230 or section 302 or 303 of this 
            Act that are made applicable by this section, except that 
            the authorities of the Equal Employment Opportunity 
            Commission shall be exercised by the chief official of the 
            instrumentality of the Congress.

[[Page 893]]

                    (7) Construction.
                Nothing in this section shall alter the enforcement 
            procedures for individuals with disabilities provided in the 
            General Accounting Office Personnel Act of 1980 [31 U.S.C.A. 
            Sec. 731 et seq.] and regulations promulgated pursuant to 
            that Act. (Pub. L. 101-336, Title V, Sec. 509, July 26, 
            1990, 104 Stat. 373; Pub. L. 102-166, Title III, Sec. 315, 
            Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104-1, Sec. 201, Jan. 
            23, 1995, 109 Stat. 8, 16.)
                      44 u.s.c.--public printing and documents

                  general and permanent laws relating to the senate


[[Page 894]]

 
                      TITLE 44.--PUBLIC PRINTING AND DOCUMENTS

            
                       Chapter 1.--JOINT COMMITTEE ON PRINTING

      1139  Sec. 101. Joint Committee on Printing: membership.
                The Joint Committee on Printing shall consist of the 
            chairman and four members of the Committee on Rules and 
            Administration of the Senate and the chairman and four 
            members of the Committee on House Oversight of the House of 
            Representatives. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1238; Feb. 17, 1981, Pub. L. 97-4, 95 Stat. 6; Pub. L. 104-
            186, Title II, Sec. 223(1), Aug. 20, 1996, 110 Stat. 1751.)
      1140  Sec. 102. Joint Committee on Printing: succession; powers 
                during recess.
                The members of the Joint Committee on Printing who are 
            reelected to the succeeding Congress shall continue as 
            members of the committee until their successors are chosen. 
            The President of the Senate and the Speaker of the House of 
            Representatives shall, on the last day of a Congress, 
            appoint members of their respective Houses who have been 
            elected to the succeeding Congress to fill vacancies which 
            may then be about to occur on the Committee, and the 
            appointees and members of the Committee who have been 
            reelected shall continue until their successors are chosen.
                When Congress is not in session, the Joint Committee may 
            exercise all its powers and duties as when Congress is in 
            session. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1238.)
      1141  Sec. 103. Joint Committee on Printing: remedial powers.
                The Joint Committee on Printing may use any measures it 
            considers necessary to remedy neglect, delay, duplication, 
            or waste in the public printing and binding and the 
            distribution of Government publications. (Oct. 2, 1968, Pub. 
            L. 90-620, 82 Stat. 1239.)

            
                       Chapter 3.--GOVERNMENT PRINTING OFFICE

      1142  Sec. 301. Public Printer: appointment.
                The President of the United States shall nominate and, 
            by and with the advice and consent of the Senate, appoint a 
            suitable person, who must be a practical printer and versed 
            in the art of bookbinding, to take charge of and manage the 
            Government Printing Office. His title shall be Public 
            Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1239; June 
            6, 1972, Pub. L. 92-310, Sec. 210(a) (1), (2), 86 Stat. 
            204.)
      1143  Sec. 302. Deputy Public Printer: appointment; duties.
                The Public Printer shall appoint a suitable person, who 
            must be a practical printer and versed in the art of 
            bookbinding, to be the Deputy Public Printer. He shall 
            perform the duties formerly required of the chief clerk, 
            supervise the buildings occupied by the Government Printing

[[Page 895]]

            Office, and perform any other duties required of him by the 
            Public Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1239.)
      1144  Sec. 303. Public Printer and Deputy Public Printer: pay.
                The annual rate of pay for the Public Printer shall be a 
            rate which is equal to the rate for level III of the 
            Executive Schedule of subchapter II of chapter 53 of title 
            5. The annual rate of pay for the Deputy Public Printer 
            shall be a rate which is equal to the rate for level IV of 
            such Executive Schedule. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1239; Aug. 9, 1975, Pub. L. 94-82, Sec. 204(c)(1), 89 
            Stat. 421; Pub. L. 101-520, Title II, 5209, Nov. 5, 1990, 
            104 Stat. 2274.)
      1145  Sec. 304. Public Printer: vacancy in office.
                In case of the death, resignation, absence, or sickness 
            of the Public Printer, the Deputy Public Printer shall 
            perform the duties of the Public Printer until a successor 
            is appointed or his absence or sickness ceases; but the 
            President may direct any other officer of the Government, 
            whose appointment is vested in the President by and with the 
            advice and consent of the Senate, to perform the duties of 
            the vacant office until a successor is appointed, or the 
            sickness or absence of the Public Printer ceases. A vacancy 
            occasioned by death or resignation may not be filled 
            temporarily under this section for longer than ten days, and 
            a temporary appointment, designation, or assignment of 
            another officer may not be made except to fill a vacancy 
            happening during a recess of the Senate. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1239.)
      1146  Sec. 305. Public Printer: employees; pay.
                (a) The Public Printer may employ journeymen, 
            apprentices, laborers, and other persons necessary for the 
            work of the Government Printing Office at rates of wages and 
            salaries, including compensation for night and overtime 
            work, he considers for the interest of the Government and 
            just to the persons employed, except as otherwise provided 
            by this section. He may not employ more persons than the 
            necessities of the public work require nor more than four 
            hundred apprentices at one time. The minimum pay of 
            journeymen printers, pressmen, and bookbinders employed in 
            the Government Printing Office shall be at the rate of 90 
            cents an hour for the time actually employed. Except as 
            provided by the preceding part of this section the rate of 
            wages, including compensation for night and overtime work, 
            for more than ten employees of the same occupation shall be 
            determined by a conference between the Public Printer and a 
            committee selected by the trades affected, and the rates and 
            compensation so agreed upon shall become effective upon 
            approval by the Joint Committee on Printing. When the Public 
            Printer and the committee representing a trade fail to agree 
            as to wages, salaries, and compensation, either party may 
            appeal to the Joint Committee on Printing, and the decision 
            of the Joint Committee is final. The wages, salaries, and 
            compensation so determined are not subject to change oftener 
            than once a year.
                (b) The Public Printer may grant an employee paid on an 
            annual basis compensatory time off from duty instead of 
            overtime pay for overtime work. (Oct. 22, 1968, Pub. L. 90-
            620, 82 Stat. 1240; Dec. 26, 1969, Pub. L. 91-167, 83 Stat. 
            453; July 31, 1970, Pub. L. 91-369, 84 Stat. 693.)

[[Page 896]]



            
               Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND 
                                      BINDING

      1147  Sec. 501. Government printing, binding, and blank-book work 
                to be done at Government Printing Office.
                All printing, binding, and blank-book work for Congress, 
            the Executive Office, the Judiciary, other than the Supreme 
            Court of the United States, and every executive department, 
            independent office and establishment of the Government, 
            shall be done at the Government Printing Office, except--
                            (1) classes of work the Joint Committee on 
                        Printing considers to be urgent or necessary to 
                        have done elsewhere; and
                            (2) printing in field printing plants 
                        operated by an executive department, independent 
                        office or establishment, and the procurement of 
                        printing by an executive department, independent 
                        office or establishment from allotments for 
                        contract field printing, if approved by the 
                        Joint Committee on Printing.
                Printing or binding may be done at the Government 
            Printing Office only when authorized by law. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1243.) (Note: See Immigration and 
            Naturalization Service v. Chadha (1983; 462 U.S. 919; 103 
            S.Ct. 2764) relating to similar legislative veto provisions 
            found unconstitutional.)
      1148  Sec. 502. Procurement of printing, binding, and blank-book 
                work by Public Printer.
                Printing, binding, and blank-book work authorized by 
            law, which the Public Printer is not able or equipped to do 
            at the Government Printing Office, may be produced elsewhere 
            under contracts made by him with the approval of the Joint 
            Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1243.) (Note: See Immigration and Naturalization 
            Service v. Chadha (1983; 462 U.S. 919; 103 S.Ct. 2764) 
            relating to similar legislative veto provisions found 
            unconstitutional.)
      1149  Sec. 506. Time for printing documents or reports which 
                include illustrations or maps.
                A document or report to be illustrated or accompanied by 
            maps may not be printed by the Public Printer until the 
            illustrations or maps designed for it are ready for 
            publication. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1244.)
      1150  Sec. 507. Orders for printing to be acted upon within one 
                year.
                An order for public printing may not be acted upon by 
            the Public Printer after the expiration of one year unless 
            the entire copy and illustrations for the work have been 
            furnished within that period. (Oct. 22, 1968, Pub. L. 90-
            620, 82 Stat. 1244.)
      1151  Sec. 508. Annual estimates of quantity of paper required for 
                public printing and binding.
                At the beginning of each session of Congress, the Public 
            Printer shall submit to the Joint Committee on Printing 
            estimates of the quantity of paper of all descriptions 
            required for the public printing and binding during the 
            ensuing year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1244.)

[[Page 897]]



            
                   Chapter 7.--CONGRESSIONAL PRINTING AND BINDING

      1152  Sec. 701. ``Usual number'' of documents and reports; 
                distribution of House and Senate documents and reports; 
                binding; reports on private bills; number of copies 
                printed; distribution.\1\
                (a) The order by either House of Congress to print a 
            document or report shall signify the ``usual number'' of 
            copies for binding and distribution among those entitled to 
            receive them. A greater number may not be printed unless 
            ordered by either House, or as provided by this section. 
            When a special number of a document or report is ordered 
            printed, the usual number shall also be printed, unless 
            already ordered.
                \1\The number of copies to be printed or the 
                distribution thereof as specified in sections 701, 706, 
                713, 721, 723, 726, 906, 1339, and 1718 of title 44, 
                United States Code, have been changed by the Joint 
                Committee on Printing under authority of section 103 of 
                title 44 (Senate Manual section 1141), or as a result of 
                sequestrations of funds mandated by Pub. L. 99-177, the 
                Balanced Budget and Emergency Deficit Control Act of 
                1985. For current regulations, consult the Joint 
                Committee on Printing.
                (b) The ``usual number'' of documents and reports shall 
            be one thousand six hundred and eighty-two copies, which 
            shall be printed at one time and distributed as follows:
                Of the House documents and reports, unbound--to the 
            Senate document room, one hundred and fifty copies; to the 
            office of the Secretary of the Senate, ten copies; to the 
            House document room, not to exceed five hundred copies; to 
            the office of the Clerk of the House of Representatives, 
            twenty copies; to the Library of Congress, ten copies, as 
            provided by section 1718 of this title.
                Of the Senate documents and reports, unbound--to the 
            Senate document room, two hundred and twenty copies; office 
            of the Secretary of the Senate, ten copies; to the House 
            document room, not to exceed five hundred copies; to the 
            Clerk's office of the House of Representatives, ten copies; 
            to the Library of Congress, ten copies, as provided by 
            section 1718 of this title.
                (c) Of the number printed, the Public Printer shall bind 
            a sufficient number of copies for distribution as follows:
                Of the House documents and reports, bound--to the Senate 
            library, fifteen copies; to the Library of Congress, not to 
            exceed one hundred and fifty copies, as provided by section 
            1718 of this title; to the House of Representatives library, 
            fifteen copies; to the Superintendent of Documents, as many 
            copies as are required for distribution to the State 
            libraries and designated depositories.
                Of the Senate documents and reports, bound--to the 
            Senate library, fifteen copies; to the Library of Congress, 
            copies as provided by sections 1718 and 1719 of this title; 
            to the House of Representatives library, fifteen copies; to 
            the Superintendent of Documents, as many copies as may be 
            required for distribution to State libraries and designated 
            depositories. In binding documents the Public Printer shall 
            give precedence to those that are to be distributed to 
            libraries and to designated depositories. But a State 
            library or designated depository entitled to documents that 
            may prefer to have its documents in unbound form, may do so 
            by notifying the Superintendent of Documents to that effect 
            prior to the convening of each Congress.
                (d) The usual number of reports on private bills, 
            concurrent or simple resolutions, may not be printed. 
            Instead there shall be printed of each

[[Page 898]]

            Senate report on a private bill, simple or concurrent 
            resolution, in addition to those required to be furnished 
            the Library of Congress, three hundred and forty-five 
            copies, which shall be distributed as follows: to the Senate 
            document room, two hundred and twenty copies; to the 
            Secretary of the Senate, fifteen copies; to the House 
            document room, one hundred copies; to the Superintendent of 
            Documents, ten copies; and of each House report on a private 
            bill, simple or concurrent resolution, in addition to those 
            for the Library of Congress, two hundred and sixty copies, 
            which shall be distributed as follows: to the Senate 
            document room, one hundred and thirty-five copies; to the 
            Secretary of the Senate, fifteen copies; to the House 
            document room, one hundred copies; to the Superintendent of 
            Documents, ten copies.
                This section does not prevent the binding of all Senate 
            and House reports in the reserve volumes bound for and 
            delivered to the Senate and House libraries, nor abridge the 
            right of the Vice President, Senators, Representatives, 
            Resident Commissioner, Secretary of the Senate, and Clerk of 
            the House to have bound in half morocco, or material not 
            more expensive, one copy of every public document to which 
            he may be entitled. At least twelve copies of each report on 
            bills for the payment or adjudication of claims against the 
            Government shall be kept on file in the Senate document 
            room. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1246.)
            Cross Reference
                Distribution of Government publications to Library of 
            Congress, see section 1718 of this title (Senate Manual 
            section 1207).
      1153  Sec. 702. Extra copies of documents and reports.
                Copies in addition to the ``usual number'' of documents 
            and reports shall be printed promptly when ready for 
            publication, and may be bound in paper or cloth as the Joint 
            Committee on Printing directs. (Oct. 22, 1968, Pub. L. 90-
            620, 82 Stat. 1247.)
      1154  Sec. 703. Printing extra copies.
                Orders for printing copies in addition to the ``usual 
            number'', otherwise than provided for by this section, shall 
            be by simple, concurrent, or joint resolution. Either House 
            may print extra copies to the amount of $1,200 by simple 
            resolution; if the cost exceeds that sum, the printing shall 
            be ordered by concurrent resolution, unless the resolution 
            is self-appropriating, when it shall be by joint resolution. 
            Resolutions, when presented to either House, shall be 
            referred to the Committee on House Oversight of the House of 
            Representatives or the Committee on Rules and Administration 
            of the Senate, who, in making their report, shall give the 
            probable cost of the proposed printing upon the estimate of 
            the Public Printer; and extra copies may not be printed 
            before the committee has reported. The printing of 
            additional copies may be performed upon orders of the Joint 
            Committee on Printing within a limit of $700 in cost in any 
            one instance. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1247; 
            Pub. L. 104-186; Title II, Sec. 223(2), Aug. 20, 1996, 110 
            Stat. 1751.)
      1155  Sec. 704. Reprinting bills, laws, and reports from 
                committees not exceeding fifty pages.
                When the supply is exhausted, the Secretary of the 
            Senate and the Clerk of the House of Representatives may 
            order the reprinting of not

[[Page 899]]

            more than one thousand copies of a pending bill, resolution, 
            or public law, not exceeding fifty pages, or a report from a 
            committee or congressional commission on pending legislation 
            not accompanied by testimony or exhibits or other appendices 
            and not exceeding fifty pages. The Public Printer shall 
            require each requisition for reprinting to cite the specific 
            authority of law for its execution. (Oct. 22, 1968, Pub. L. 
            90-620, 82 Stat. 1248.)
      1156  Sec. 705. Duplicate orders to print.
                The Public Printer shall examine the orders of the 
            Senate and House of Representatives for printing, and in 
            case of duplication shall print under the first order 
            received. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1248.)
      1157  Sec. 706. Bills and resolutions: number and distribution.\1\
                There shall be printed of each Senate and House public 
            bill and joint resolution six hundred and twenty-five 
            copies, which shall be distributed as follows:
                \1\See footnote to Senate Manual section 1152.
                            to the Senate document room, two hundred and 
                        twenty-five copies;
                            to the office of Secretary of Senate, 
                        fifteen copies;
                            to the House document room, three hundred 
                        and eighty-five copies.
                There shall be printed of each Senate private bill, when 
            introduced, when reported, and when passed, three hundred 
            copies, which shall be distributed as follows:
                            to the Senate document room, one hundred and 
                        seventy copies;
                            to the Secretary of the Senate, fifteen 
                        copies;
                            to the House document room, one hundred 
                        copies;
                            to the Superintendent of Documents, ten 
                        copies.
                There shall be printed of each House private bill, when 
            introduced, when reported, and when passed, two hundred and 
            sixty copies, which shall be distributed as follows:
                            to the Senate document room, one hundred and 
                        thirty-five copies;
                            to the Secretary of the Senate, fifteen 
                        copies;
                            to the House document room, one hundred 
                        copies;
                            to the Superintendent of Documents, ten 
                        copies.
                Bills and resolutions shall be printed in bill form, 
            and, unless specially ordered by either House shall be 
            printed only when referred to a committee, when favorably 
            reported back, and after their passage by either House.
                Of concurrent and simple resolutions, when reported, and 
            after their passage by either House, only two hundred and 
            sixty copies shall be printed, except by special order, and 
            shall be distributed as follows:
                            to the Senate document room, one hundred and 
                        thirty-five copies;
                            to the Secretary of the Senate, fifteen 
                        copies;
                            to the House document room, one hundred 
                        copies;
                            to the Superintendent of Documents, ten 
                        copies. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
                        1248.)
      1158  Sec. 707. Bills and resolutions: style and form.
                Subject to sections 205 and 206 of Title 1, the Joint 
            Committee on Printing may authorize the printing of a bill 
            or resolution, with index and ancillaries, in the style and 
            form the Joint Committee on Printing

[[Page 900]]

            considers most suitable in the interest of economy and 
            efficiency, and to so continue until final enactment in both 
            Houses of Congress. The committee may also curtail the 
            number of copies of bills or resolutions, including the slip 
            form of a public Act or public resolution. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1248.)
      1159  Sec. 708. Bills and resolutions: binding sets for Congress.
                The Public Printer shall bind four sets of Senate and 
            House of Representatives bills, joint and concurrent 
            resolutions of each Congress, two for the Senate and two for 
            the House, to be furnished him from the files of the Senate 
            and House document room, the volumes when bound to be kept 
            there for reference. (Oct 22, 1968, Pub. L. 90-620, 82 Stat. 
            1249.)
      1160  Sec. 709. Public and private laws, postal conventions, and 
                treaties.
                The Public Printer shall print in slip form copies of 
            public and private laws, postal conventions, and treaties, 
            to be charged to the congressional allotment for printing 
            and binding. The Joint Committee on Printing shall control 
            the number and distribution of copies. (Oct 22, 1968, Pub. 
            L. 90-620, 82 Stat. 1249.)
      1161  Sec. 711. Printing Acts, joint resolutions, and treaties.
                The Public Printer, on receiving from the Archivist of 
            the United States a copy of an Act or joint resolution, or 
            from the Secretary of State, a copy of a treaty, shall print 
            an accurate copy and transmit it in duplicate to the 
            Archivist of the United States or to the Secretary of State, 
            as the case may be, for revision. On the return of one of 
            the revised duplicates, he shall make the marked corrections 
            and print the number specified by section 709 of this title. 
            (As amended Pub. L. 98-497, Title I, Sec. 107(b)(1), Oct. 
            19, 1984, 98 Stat. 2286.)
      1162  Sec. 713. Journals of Houses of Congress.\1\
                There shall be printed of the Journals of the Senate and 
            House of Representatives eight hundred and twenty copies, 
            which shall be distributed as follows:
                \1\See footnote to Senate Manual section 1152.
                            to the Senate document room, ninety copies 
                        for distribution to Senators, and twenty-five 
                        additional copies;
                            to the Senate library, ten copies;
                            to the House document room, three hundred 
                        and sixty copies for distribution to Members, 
                        and twenty-five additional copies;
                            to the Department of State, four copies;
                            to the Superintendent of Documents, one 
                        hundred and forty-four copies to be distributed 
                        to three libraries in each of the States to be 
                        designated by the Superintendent of Documents; 
                        and
                            to the library of the House of 
                        Representatives, ten copies.

            The remaining number of the Journals of the Senate and House 
            of Representatives, consisting of twenty-five copies, shall 
            be furnished to the Secretary of the Senate and the Clerk of 
            the House of Representatives, respectively, as the 
            necessities of their respective offices require, as rapidly 
            as signatures are completed for distribution. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1249; Apr. 2, 1982, Pub. L. 
            97-164, Sec. 158, 96 Stat. 47.)

[[Page 901]]


      1163  Sec. 714. Printing documents for Congress in two or more 
                editions; printing of full number and allotment of full 
                quota.
                The Joint Committee on Printing shall establish rules to 
            be observed by the Public Printer, by which public documents 
            and reports printed for Congress, or either House, may be 
            printed in two or more editions, to meet the public 
            requirements. The aggregate of the editions may not exceed 
            the number of copies otherwise authorized. This section does 
            not prevent the printing of the full number of a document or 
            report, or the allotment of the full quota to Senators and 
            Representatives, as otherwise authorized, when a legitimate 
            demand for the full complement is known to exist. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1250.)
      1164  Sec. 715. Senate and House documents and reports for 
                Department of State.
                The Public Printer shall print, in addition to the usual 
            number, and furnish the Department of State twenty copies of 
            each Senate and House of Representatives document and 
            report. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
            Cross References
                For distribution of House and Senate documents and 
            reports, see sections 701, 1718, and 1719 of this title 
            (Senate Manual sections 1152, 1207,  and 1208).
      1165  Sec. 716. Printing of documents not provided for by law.
                Either House may order the printing of a document not 
            already provided for by law, when accompanied by an estimate 
            from the Public Printer as to the probable cost. An 
            executive department, bureau, board, or independent office 
            of the Government submitting reports or documents in 
            response to inquiries from Congress shall include an 
            estimate of the probable cost of printing to the usual 
            number. This section does not apply to reports or documents 
            not exceeding fifty pages. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1250.)
      1166  Sec. 717. Appropriation chargeable for printing of document 
                or report by order of Congress.
                The cost of the printing of a document or report printed 
            by order of Congress which, under section 1107 of this 
            title, cannot be properly charged to another appropriation 
            or allotment of appropriation already made, upon order of 
            the Joint Committee on Printing, shall be charged to the 
            allotment of appropriation for printing and binding for 
            Congress. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
      1167  Sec. 718. Lapse of authority to print.
                The authority to print a document or report, or a 
            publication authorized by law to be printed, for 
            distribution by Congress, shall lapse when the whole number 
            of copies has not been ordered within two years from the 
            date of the original order, except orders for subsequent 
            editions, approved by the Joint Committee on Printing, in 
            which case the whole number may not exceed that originally 
            authorized by law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1250.)

[[Page 902]]


      1168  Sec. 719. Classification and numbering of publications 
                ordered printed by Congress; designation of publications 
                of departments; printing of committee hearings.
                Publications ordered printed by Congress, or either 
            House, shall be in four series, namely:
                            one series of reports made by the committees 
                        of the Senate, to be known as Senate reports;
                            one series of reports made by the committees 
                        of the House of Representatives, to be known as 
                        House reports;
                            one series of documents other than reports 
                        of committees, the orders for printing which 
                        originate in the Senate, to be known as Senate 
                        documents, and
                            one series of documents other than committee 
                        reports, the orders for printing which originate 
                        in the House of Representatives, to be known as 
                        House documents.
                The publications in each series shall be consecutively 
            numbered, the numbers in each series continuing in unbroken 
            sequence throughout the entire term of a Congress, but these 
            provisions do not apply to the documents printed for the use 
            of the Senate in executive session. Of the ``usual number'', 
            the copies which are intended for distribution to State 
            libraries and other designated depositories of annual or 
            serial publications originating in or prepared by an 
            executive department, bureau, office, commission, or board 
            may not be numbered in the document or report series of 
            either House of Congress, but shall be designated by title 
            and bound as provided by section 738 of this title; and the 
            departmental edition, if any, shall be printed concurrently 
            with the ``usual number''. Hearings of committees may be 
            printed as congressional documents only when specifically 
            ordered by Congress or either House. (Oct. 22, 1968, Pub. L. 
            90-620, 82 Stat. 1250.)
      1169  Sec. 720. Senate and House Manuals.
                Each House may order printed as many copies as it 
            desires, of the Senate Manual and of the Rules and Manual of 
            the House of Representatives, even though the cost exceed 
            $500. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
      1170  Sec. 721. Congressional Directory.\1\
                (a) There shall be prepared under the direction of the 
            Joint Committee on Printing (1) a Congressional Directory, 
            which shall be printed and distributed as early as 
            practicable during the first session of each Congress and 
            (2) a supplement to each Congressional Directory, which 
            shall be printed and distributed as early as practicable 
            during the second regular session of each Congress. The 
            Joint Committee shall control the number and distribution of 
            the Congressional Directory and each supplement.
                \1\See footnote to Senate Manual section 1152.
                (b) One copy of the Congressional Directory delivered to 
            Members of the Senate and the House of Representatives 
            (including Delegates and the Resident Commissioner) shall be 
            bound in cloth and imprinted on the cover with the name of 
            the Member. Copies of the Congressional Directory delivered 
            to depository libraries may be bound in cloth. All other 
            copies of the Congressional Directory shall be bound in 
            paper and names shall not be imprinted thereon, except that 
            copies printed

[[Page 903]]

            for sale under section 722 may be bound in cloth. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1251; Aug. 5, 1977, Pub. L. 
            95-94, Sec. 404, 91 Stat. 682.)
      1171  Sec. 722. Congressional Directory: sale.
                The Public Printer, under the direction of the Joint 
            Committee on Printing, may print the current Congressional 
            Directory for sale at a price sufficient to reimburse the 
            expense of printing. The money derived from sales shall be 
            paid into the Treasury and accounted for in his annual 
            report to Congress, and sales may not be made on credit. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
      1172  Sec. 723. Memorial addresses; preparation; distribution.\1\
                After the final adjournment of each session of Congress, 
            there shall be compiled, prepared, printed with 
            illustrations, and bound in cloth in one volume, in the 
            style, form, and manner directed by the Joint Committee on 
            Printing, without extra compensation to any employee, the 
            legislative proceedings of Congress and the exercises at the 
            general memorial services held in the House of 
            Representatives during each session relative to the death of 
            a Member of Congress or a former Member of Congress who 
            served as speaker, together with all relevant memorial 
            addresses and eulogies published in the Congressional Record 
            during the same session of Congress, and any other matter 
            the Joint Committee considers relevant; and there shall be 
            printed as many copies as needed to supply the total 
            quantity provided for by this section, of which fifty 
            copies, bound in full morocco, with gilt edges, suitably 
            lettered as may be requested, shall be delivered to the 
            family of the deceased, and the remaining copies shall be 
            distributed as follows:
                \1\See footnote to Senate Manual section 1152. Title 
                VIII of Public Law 94-59, Sec. 801 July 25, 1975, 89 
                Stat. 296, provides in part as follows: ``Hereafter, 
                appropriations for authorized printing and binding for 
                Congress shall not be available under the authority of 
                section 723 of title 44 of the United States Code for 
                the printing, publication, and distribution of more than 
                fifty bound eulogies to be delivered to the family of 
                the deceased, and in the case of a deceased Senator or 
                deceased Representative (including Delegates to Congress 
                and the Resident Commissioner from Puerto Rico), there 
                shall be furnished to his successor in office two 
                hundred and fifty copies.''.
                            of all eulogies on deceased Members of 
                        Congress to the Vice President and each Senator, 
                        Representative, and Resident Commissioner in 
                        Congress, one copy;
                            of the eulogies on deceased Senators there 
                        shall be furnished two hundred and fifty copies 
                        for each Senator of the State represented by the 
                        deceased and twenty copies for each 
                        Representative from that State;
                            of the eulogies on a deceased Representative 
                        and Resident Commissioner two hundred and fifty 
                        copies for his successor in office; twenty 
                        copies for each of the other Representatives, or 
                        Resident Commissioner of the State, or insular 
                        possession represented by the deceased; and 
                        twenty copies for each Senator from that State.
                The ``usual number'' of memorial addresses may not be 
            printed. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251; Oct. 
            1, 1981, Pub. L. 97-51, Sec. 101(c), 95 Stat. 959.)

[[Page 904]]


      1173  Sec. 724. Memorial addresses: illustrations.
                The illustrations to accompany bound copies of memorial 
            addresses delivered in Congress shall be made at the Bureau 
            of Engraving and Printing and paid for out of the 
            appropriation for that bureau, or, in the discretion of the 
            Joint Committee on Printing, shall be obtained elsewhere by 
            the Public Printer and charged to the allotment for printing 
            and binding for Congress. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1252.)
      1174  Sec. 725. Statement of appropriations; ``usual number''.
                Of the statements of appropriations required to be 
            prepared by section 105 of Title 2, there shall be printed, 
            after the close of each regular session of Congress, the 
            usual number of copies. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1252.)
      1175  Sec. 726. Printing for committees for Congress.\1\
                A Committee of Congress may not procure the printing of 
            more than one thousand copies of a hearing, or other 
            document germane thereto, for its use except by simple, 
            concurrent, or joint resolution, as provided by section 703 
            of this title. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1252.)
                \1\ See footnote to Senate Manual section 1152.
      1176  Sec. 727. Committee reports: indexing and binding.
                The Secretary of the Senate and the Clerk of the House 
            of Representatives shall procure and file for the use of 
            their respective House copies of all reports made by 
            committees, and at the close of each session of Congress 
            shall have the reports indexed and bound, one copy to be 
            deposited in the library of each House and one copy in the 
            committee from which the report emanates. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1252.)
      1177  Sec. 728. United States Statutes at Large: distribution.\2\
                The Public Printer, after the final adjournment of each 
            regular session of Congress, shall print and bind copies of 
            the United States Statutes at Large, to be charged to the 
            congressional allotment for printing and binding. The Joint 
            Committee on Printing shall control the number and 
            distribution of the copies.
                \2\Title X of Pub. L. 94-440, Sec. 1000, Oct. 1, 1976, 
                90 Stat. 1459, provides in part as follows: ``Hereafter, 
                notwithstanding any other provisions of law, 
                appropriations for the automatic distribution to 
                Senators and Representatives (including Delegates to 
                Congress and the Resident Commissioner from Puerto Rico) 
                of copies of the United States Statutes at Large shall 
                not be available with respect to any Senator or 
                Representative unless such Senator or Representative 
                specifically, in writing, requests that he receive 
                copies of such document.''.
                The Public Printer shall print and, after the end of 
            each calendar year, bind and deliver to the Superintendent 
            of Documents a number of copies of the United States 
            Treaties and Other International Agreements not exceeding 
            the number of copies of the United States Statutes at Large 
            required for distribution in the manner provided by law. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1252.)
      1178  Sec. 730. Distribution of documents to Members of Congress.
                When, in the division among Senators, and 
            Representatives, of documents printed for the use of 
            Congress there is an apportionment to each or either House 
            in round numbers, the Public Printer may not

[[Page 905]]

            deliver the full number so accredited at the Senate Service 
            Department and House of Representatives Publications 
            Distribution Service, but only the largest multiple of the 
            number constituting the full membership of that House, 
            including the Secretary and Sergeant at Arms of the Senate 
            and Clerk and Sergeant at Arms of the House, which is 
            contained in the round numbers thus accredited to that 
            House, so that the number delivered divides evenly and 
            without remainder among the Members of the House to which 
            they are delivered; and the remainder of the documents thus 
            resulting shall be turned over to the Superintendent of 
            Documents, to be distributed by him, first, to public and 
            school libraries for the purpose of completing broken sets; 
            second, to public and school libraries that have not been 
            supplied with any portions of the sets, and, lastly, by sale 
            to other persons; the libraries to be named to him by 
            Senators and Representatives; and in this distribution the 
            Superintendent of Documents, as far as practicable, shall 
            make an equal allowance to each Senator and Representative. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1253; Pub. L. 104-
            186, Title II, Sec. 223(3), Aug. 20, 1996, 110 Stat. 1751.)
      1179  Sec. 731. Allotments of public documents printed after 
                expiration of terms of Members of Congress; rights of 
                retiring Members to documents.
                The Congressional allotment of public documents, other 
            than the Congressional Record, printed after the expiration 
            of the term of office of the Vice President of the United 
            States, or Senator, Representative, or Resident 
            Commissioner, shall be delivered to his successor in office.
                Unless the Vice President of the United States, a 
            Senator, Representative, or Resident Commissioner, having 
            public documents to his credit at the expiration of his term 
            of office takes them prior to the 30th day of June next 
            following the date of expiration, he shall forfeit them to 
            his successor in office. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1253.)
      1180  Sec. 732. Time for distribution of documents by Members of 
                Congress extended.
                Reelected Members may distribute public documents to 
            their credit, or the credit of their respective districts in 
            the Interior or other Departments and bureaus, and in the 
            Government Printing Office, during their successive terms 
            and until their right to frank documents ends. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1253.)
      1181  Sec. 733. Documents and reports ordered by Members of 
                Congress; franks and envelopes for Members of Congress.
                The Public Printer on order of a Member of Congress, on 
            prepayment of the cost, may reprint documents and reports of 
            committees together with the evidence papers submitted, or 
            any part ordered printed by the Congress.
                He may also furnish without cost to Members and the 
            Resident Commissioner from Puerto Rico, blank franks printed 
            on sheets and perforated, or singly at their option, for 
            public documents. Franks shall contain in the upper left-
            hand corner the following words: ``Public document. United 
            States Senate'' or ``House of Representatives U.S.'' and in 
            upper right-hand corner the letters ``U.S.S.'' or ``M.C.'' 
            Franks may also contain information relating to missing 
            children as provided in section 3220 of title 39. But he may 
            not print any other words except

[[Page 906]]

            where it is desirable to affix the official title of a 
            document. Other words printed on franks shall be at the 
            personal expense of the Member or Resident Commissioner 
            ordering them.
                At the request of a Member of Congress or Resident 
            Commissioner the Public Printer may print upon franks or 
            envelopes used for mailing public documents the facsimile 
            signature of the Member or Resident Commissioner and a 
            special request for return if not called for, and the name 
            of the State or Commonwealth and county and city. The Member 
            or Resident Commissioner shall deposit with his order the 
            extra expense involved in printing these additional words.
                The Public Printer may also, at the request of a Member 
            or Resident Commissioner, print on envelopes authorized to 
            be furnished, the name of the Member or Resident 
            Commissioner, and State or Commonwealth, the date, and the 
            topic or subject matter, not exceeding twelve words.
                The Public Printer shall deposit moneys accruing under 
            this section in the Treasury of the United States to the 
            credit of the appropriation made for the working capital of 
            the Government Printing Office for the year in which the 
            work is done. He shall account for them in his annual report 
            to Congress. (As amended Pub. L. 93-191, Sec. 8(a), Dec. 18, 
            1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(b), Mar. 27, 
            1974, 88 Stat. 52; Pub. L. 99-87, Sec. 1(c)(2), Aug. 9, 
            1958, 99 Stat. 291.)
      1182  Sec. 734. Stationery and blank books for Congress.
                Upon requisition of the Secretary of the Senate and the 
            Clerk of the House of Representatives, respectively, the 
            Public Printer shall furnish stationery, blank books, 
            tables, forms, and other necessary papers preparatory to 
            congressional legislation, required for the official use of 
            the Senate and the House of Representatives, or their 
            committees and officers. This does not prevent the purchase 
            by the officers of the Senate and House of Representatives 
            of stationery and blank books necessary for sales to 
            Senators and Members in the stationery rooms of the two 
            Houses as provided by law. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1254.)
      1183  Sec. 735. Binding for Senators.\1\
                Each Senator is entitled to the binding in half morocco, 
            or material not more expensive, of one copy of each public 
            document to which he is entitled, an account of which shall 
            be kept by the Secretary of the Senate. (Oct. 22, 1968, Pub. 
            L. 90-620, 82 Stat. 1254; Pub. L. 104-186, Title II, 
            Sec. 223(4)(A), Aug. 20, 1996, 110 Stat. 1751.)
                \1\The rebinding of clothbound books has been prohibited 
                by the Joint Committee on Printing under authority of 
                section 103 of title 44, United States Code (Senate 
                Manual section 1141).
                Title VIII of Pub. L. 94-59, Sec. 801, July 25, 1975, 89 
                Stat. 296, provides in part as follows: ``Hereafter, 
                notwithstanding any other provisions of law, 
                appropriations for the binding of copies of public 
                documents by Committees for distribution to Senators and 
                Representatives (including Delegates to Congress and the 
                Resident Commissioner from Puerto Rico) shall not be 
                available for a Senator or Representative unless such 
                Senator or Representative specifically, in writing, 
                requests that he receive bound copies of any such 
                documents.''.
      1184  Sec. 736. Binding at expense of Members of Congress.
                The Public Printer may bind at the Government Printing 
            Office books, maps, charts, or documents published by 
            authority of Congress, upon

[[Page 907]]

            application of a Member of Congress, and payment of the 
            actual cost of binding. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1254.)
      1185  Sec. 737. Binding for Senate library.\1\
                The Secretary of the Senate may make requisition upon 
            the Public Printer for the binding for the Senate library of 
            books he considers necessary, at a cost not to exceed $200 
            per year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1254.)
                \1\The ceiling of $200 per year for binding for the 
                Senate library has been removed by the Joint Committee 
                on Printing under authority of section 103 of title 44, 
                United States Code (Senate Manual section 1141).
      1186  Sec. 738. Binding of publications for distribution to 
                libraries.
                The Public Printer shall supply the Superintendent of 
            Documents with sufficient copies of publications distributed 
            in unbound form, to be bound and distributed to the State 
            libraries and other designated depositories for their 
            permanent files. Every publication of sufficient size on any 
            one subject shall be bound separately and receive the title 
            suggested by the subject of the volume, and the others shall 
            be distributed in unbound form as soon as printed. The 
            library edition, as well as all other bound sets of 
            congressional numbered documents and reports, shall be 
            arranged in volumes and bound in the manner directed by the 
            Joint Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1254.)
      1187  Sec. 739. Senate and House document rooms; superintendents.
                There shall be one document room of the Senate and one 
            of the House of Representatives, to be designated, 
            respectively, the ``Senate and House document room.'' Each 
            shall be in charge of a superintendent, who shall be 
            appointed by the Secretary of the Senate and the Clerk of 
            the House, respectively, together with the necessary 
            assistants. The Senate document room shall be under the 
            jurisdiction of the Secretary of the Senate. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1254; Pub. L. 104-186, Title II, 
            Sec. 223(5), Aug. 20, 1996, 110 Stat. 1751.)
      1188  Sec. 740. Senate Service Department and House Publications 
                Distribution Service; superintendents.
                There shall be a Senate Service Department and a House 
            of Representatives Publications Distribution Service in the 
            charge of superintendents, appointed respectively by the 
            Sergeant at Arms of the Senate and Chief Administrative 
            Officer of the House of Representatives, together with the 
            necessary assistants. Reports or documents to be distributed 
            for the Senators and Representatives shall be folded and 
            distributed from the Senate Service Department and House of 
            Representatives Publications Distribution Service, unless 
            otherwise ordered, and the respective superintendent shall 
            notify each Senator and Representative in writing once every 
            sixty days of the number and character of publications on 
            hand and assigned to him for use and distribution. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1255; Pub. L. 104-186, Title 
            II, Sec. 223(6), Aug. 20, 1996, 110 Stat. 1751.)
      1189  Sec. 741. Disposition of documents stored at Capitol.
                The Secretary and Sergeant at Arms of the Senate and the 
            Clerk and Doorkeeper of the House of Representatives, at the 
            convening in regular session of each successive Congress 
            shall cause an invoice to be made of public documents stored 
            in and about the Capitol, other

[[Page 908]]

            than those belonging to the quota of Members of Congress, to 
            the Library of Congress and the Senate and House libraries 
            and document rooms. The superintendents of the Senate 
            Service Department and House of Representatives Publications 
            Distribution Service shall put the documents to the credit 
            of Senators and Representatives in quantities equal in the 
            number of volumes and as nearly as possible in value, to 
            each Member of Congress, and the documents shall be 
            distributed upon the orders of Senators and Representatives, 
            each of whom shall be supplied by the superintendents of the 
            Senate Service Department and House of Representatives 
            Publications Distribution Service with a list of the number 
            and character of the publications thus put to his credit, 
            but before apportionment is made copies of any of these 
            documents desired for the use of a committee of either House 
            shall be delivered to the chairman of the committee.
                Four copies of leather-bound documents shall be reserved 
            and carefully stored, to be used in supplying deficiencies 
            in the Senate and House libraries caused by wear or loss. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
            
                          Chapter 9.--CONGRESSIONAL RECORD

      1190  Sec. 901. Congressional Record: arrangement, style, 
                contents, and indexes.
                The Joint Committee on Printing shall control the 
            arrangement and style of the Congressional Record, and while 
            providing that it shall be substantially a verbatim report 
            of proceedings, shall take all needed action for the 
            reduction of unnecessary bulk. It shall provide for the 
            publication of an index of the Congressional Record 
            semimonthly during and at the close of sessions of Congress. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
      1191  Sec. 902. Congressional Record: indexes.
                The Joint Committee on Printing shall designate to the 
            Public Printer competent persons to prepare the semimonthly 
            and the session index to the Congressional Record and shall 
            fix the compensation to be paid by the Public Printer for 
            that work, and direct the form and manner of its publication 
            and distribution. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1256.)
      1192  Sec. 903. Congressional Record: daily and permanent forms.
                The public proceedings of each House of Congress as 
            reported by the Official Reporters, shall be printed in the 
            Congressional Record, which shall be issued in daily form 
            during each session and shall be revised, printed, and bound 
            promptly, as directed by the Joint Committee on Printing, in 
            permanent form, for distribution during and after the close 
            of each session of Congress. The daily and the permanent 
            Record shall bear the same date, which shall be that of the 
            actual day's proceedings reported. The ``usual number'' of 
            the Congressional Record may not be printed. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1256.)
      1193  Sec. 904. Congressional Record: maps; diagrams; 
                illustrations.
                Maps, diagrams, or illustrations may not be inserted in 
            the Record without the approval of the Joint Committee on 
            Printing. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1256.)

[[Page 909]]


      1194  Sec. 905. Congressional Record: additional insertions.
                The Joint Committee on Printing shall provide for 
            printing in the daily Record the legislative program for the 
            day together with a list of congressional committee meetings 
            and hearings, and the place of meeting and subject matter. 
            It shall cause a brief resume of congressional activities 
            for the previous day to be incorporated in the Record, 
            together with an index of its contents prepared under the 
            supervision of the Secretary of the Senate and the Clerk of 
            the House of Representatives, respectively. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1256.)
      1195  Sec. 906. Congressional Record: gratuitous copies; 
                delivery.\1\
                The Public Printer shall furnish the Congressional 
            Record only as follows:
                \1\ Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 546, provides 
                in part as follows: ``Hereafter, appropriations for 
                authorized printing and binding for Congress shall not 
                be available under the authority of the Act of October 
                22, 1968 (44 U.S.C. 906) for the printing, publication, 
                and distribution of more than one copy of the bound 
                permanent editions of the Congressional Record for the 
                Vice President and each Member of the Senate and House 
                of Representatives.''.
                    of the bound edition--
                            to the Senate Service Department five copies 
                        for the Vice President and each Senator;
                            to the Secretary and Sergeant at Arms of the 
                        Senate, each, two copies;
                            to the Joint Committee on Printing not to 
                        exceed one hundred copies;
                            to the House of Representatives Publications 
                        Distribution Service, three copies for each 
                        Representative and Resident Commissioner in 
                        Congress; and
                            to the Clerk and Sergeant at Arms of the 
                        House of Representatives, each, two copies;
                    of the daily edition--
                            to the Vice President, one hundred copies;
                            to each Senator, fifty copies (which may be 
                        transferred only to public agencies and 
                        institutions);
                            to the Secretary and Sergeant at Arms of the 
                        Senate, each, twenty-five copies;
                            to the Secretary, for official use, not to 
                        exceed thirty-five copies; and
                            to the Sergeant at Arms for use on the floor 
                        of the Senate, not to exceed fifty copies;
                            to each Member of the House of 
                        Representatives, the Resident Commissioner from 
                        Puerto Rico, the Delegate from the District of 
                        Columbia, the Delegate from Guam, and the 
                        Delegate from the Virgin Islands, thirty-four 
                        copies (which may be transferred only to public 
                        agencies and institutions);
                            to the Clerk and Sergeant at Arms of the 
                        House of Representatives, each, twenty-five 
                        copies;
                            to the Clerk, for official use, not to 
                        exceed fifty copies, and to the Clerk for use on 
                        the floor of the House of Representatives, not 
                        to exceed seventy-five copies;
                            to the Vice President and each Senator, 
                        Representative, and Resident Commissioner in 
                        Congress (and not transferable) three copies

[[Page 910]]

                        of which one shall be delivered at his 
                        residence, one at his office and one at the 
                        Capitol.
                In addition to the foregoing the Congressional Record 
            shall also be furnished as follows:
                In unstitched form, and held in reserve by the Public 
            Printer, as many copies of the daily Record as may be 
            required to supply a semimonthly edition, bound in paper 
            cover together with each semimonthly index when it is 
            issued, and then be delivered promptly as follows:
                            to each committee and commission of 
                        Congress, one daily and one semimonthly copy;
                            to each joint committee and joint commission 
                        in Congress, as may be designated by the Joint 
                        Committee on Printing, two copies of the daily, 
                        one semimonthly copy, and one bound copy;
                            to the Secretary and the Sergeant at Arms of 
                        the Senate, for office use, each, six 
                        semimonthly copies;
                            to the Clerk and Sergeant at Arms of the 
                        House, for office use, each, six semimonthly 
                        copies;
                            to the Joint Committee on Printing, ten 
                        semimonthly copies;
                            to the Vice President and each Senator, 
                        Representative, and Resident Commissioner in 
                        Congress, one semimonthly copy;
                            to the President of the United States, for 
                        the use of the Executive Office, ten copies of 
                        the daily, two semimonthly copies, and one bound 
                        copy;
                            to the Chief Justice of the United States 
                        and each of the Associate Justices of the 
                        Supreme Court of the United States, one copy of 
                        the daily;
                            to the offices of the marshal and clerk of 
                        the Supreme Court of the United States, each, 
                        two copies of the daily and one semimonthly 
                        copy;
                            to each United States circuit and district 
                        judge, and to the chief judge and each associate 
                        judge of the United States Court of Federal 
                        Claims, the United States Court of International 
                        Trade, the Tax Court of the United States, the 
                        United States Court of Appeals for Veterans 
                        Claims, and the United States Court of Appeals 
                        for the Armed Forces, upon request to a Member 
                        of Congress and notification by the Member to 
                        the Public Printer, one copy of the daily, in 
                        addition to those authorized to be furnished to 
                        Members of Congress under the preceding 
                        provisions of this section;
                            to the offices of the Vice President and the 
                        Speaker of the House of Representatives, each, 
                        six copies of the daily and one semimonthly 
                        copy;
                            to the Sergeant at Arms, the Chaplain, the 
                        Postmaster, the superintendent and the foreman 
                        of the Senate Service Department and of the 
                        House of Representatives Publications 
                        Distribution Service, respectively; and to the 
                        Secretaries to the Majority and the Minority of 
                        the Senate, each, one copy of the daily;
                            to the office of the Parliamentarian of the 
                        House of Representatives, six copies of the 
                        daily, one semimonthly copy, and two bound 
                        copies;
                            to the offices of the Official Reporters of 
                        Debates of the Senate and House of 
                        Representatives, respectively, each, fifteen 
                        copies of the daily, one semimonthly copy, and 
                        three bound copies;

[[Page 911]]

                            to the office of the stenographers to 
                        committees of the House of Representatives, four 
                        copies of the daily and one semimonthly copy;
                            to the office of the Congressional Record 
                        Index, ten copies of the daily and two 
                        semimonthly copies;
                            to the offices of the superintendent of the 
                        Senate and House document rooms, each, three 
                        copies of the daily, one semimonthly copy, and 
                        one bound copy;
                            to the offices of the superintendents of the 
                        Senate and House press galleries, each, two 
                        copies of the daily, one semimonthly copy, and 
                        one bound copy;
                            to the offices of the Legislative Counsel of 
                        the Senate and House of Representatives, 
                        respectively, and the Architect of the Capitol, 
                        each, three copies of the daily, one semimonthly 
                        copy, and one bound copy;
                            to the Library of Congress for official use 
                        in Washington, District of Columbia, and for 
                        international exchange, as provided by sections 
                        1718 and 1719 of this title, not to exceed one 
                        hundred and forty-five copies of the daily, five 
                        semimonthly copies, and one hundred and fifty 
                        bound copies;
                            to the library of the Senate, three copies 
                        of the daily, two semimonthly copies, and not to 
                        exceed fifteen bound copies;
                            to the library of the House of 
                        Representatives, five copies of the daily, two 
                        semimonthly copies, and not to exceed twenty-
                        eight bound copies, of which eight copies may be 
                        bound in the style and manner approved by the 
                        Joint Committee on Printing;
                            to the library of the Supreme Court of the 
                        United States, two copies of the daily, two 
                        semimonthly copies, and not to exceed five bound 
                        copies;
                            to the library of each United States Court 
                        of Appeals, each United States District Court, 
                        the United States Court of Federal Claims, the 
                        United States Court of International Trade, the 
                        Tax Court of the United States, the United 
                        States Court of Appeals for Veterans Claims, and 
                        the United States Court of Appeals for the Armed 
                        Forces, upon request to the Public Printer, one 
                        copy of the daily, one semimonthly copy, and one 
                        bound copy;
                            to the Public Printer for official use, not 
                        to exceed seventy-five copies of the daily, ten 
                        semimonthly copies, and two bound copies;
                            to the Director of the Botanic Garden, two 
                        copies of the daily and one semimonthly copy:
                            to the Archivist of the United States, five 
                        copies of the daily, two semimonthly copies, and 
                        two bound copies;
                            to the library of each executive department, 
                        independent office, and establishment of the 
                        Government in the District of Columbia, except 
                        those designated as depository libraries, and to 
                        the libraries of the municipal government of the 
                        District of Columbia, the Naval Observatory, and 
                        the Smithsonian Institution, each, two copies of 
                        the daily, one semimonthly copy, and one bound 
                        copy;
                            to the offices of the Governors of Puerto 
                        Rico, Guam and the Virgin Islands, each, five 
                        copies in both daily and bound form;
                            to the office of the Governor of the Canal 
                        Zone, five copies in both daily and bound form;

[[Page 912]]

                            to each ex-President and ex-Vice President 
                        of the United States, one copy of the daily;
                            to each former Senator, Representative, and 
                        Commissioner from Puerto Rico, upon request to 
                        the Public Printer, one copy of the daily;
                            to the governor of each State, one copy in 
                        both daily and bound form;
                            to each separate establishment of the Armed 
                        Forces Retirement Home, to each of the National 
                        Homes for Disabled Volunteer Soldiers, and to 
                        each of the State soldiers' homes, one copy of 
                        the daily;
                            to the Superintendent of Documents, as many 
                        daily and bound copies as may be required for 
                        distribution to depository libraries;
                            to the Department of State, not to exceed 
                        one hundred and fifty copies of the daily, for 
                        distribution to each United States embassy and 
                        legation abroad, and to the principal consular 
                        offices in the discretion of the Secretary of 
                        State;
                            to each foreign legation in Washington whose 
                        government extends a like courtesy to our 
                        embassies and legations abroad, one copy of the 
                        daily, to be furnished upon requisition of and 
                        sent through the Secretary of State;
                            to each newspaper correspondent whose name 
                        appears in the Congressional Directory, and who 
                        makes application, for his personal use and that 
                        of the papers he represents, one copy of the 
                        daily and one copy of the bound, the same to be 
                        sent to the office address of the member of the 
                        press or elsewhere as he directs; not to exceed 
                        four copies in all may be furnished to members 
                        of the same press bureau.
                Copies of the daily edition, unless otherwise directed 
            by the Joint Committee on Printing, shall be supplied and 
            delivered promptly on the day after the actual day's 
            proceedings as originally published. Each order for the 
            daily Record shall begin with the current issue, if previous 
            issues of the same session are not available. The 
            apportionment specified for daily copies may not be 
            transferred for the bound form and an allotment of daily 
            copies not used by a Member during a session shall lapse 
            when the session ends. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1256; June 12, 1970, Pub. L. 91-276, 84 Stat. 303; 
            Aug. 10, 1972, Pub. L. 92-373, 86 Stat. 528; June 8, 1974, 
            Pub. L. 93-314, Sec. 1(b), 88 Stat. 239; Aug. 5, 1977, Pub. 
            L. 95-94, Sec. 407(a), 91 Stat. 683; Oct. 10, 1980, Pub. L. 
            96-417, Title VI, Sec. 601(11), 94 Stat. 1744; Apr. 2, 1982, 
            Pub. L. 97-164, Sec. 164(2), 96 Stat. 50; Pub. L. 101-510, 
            Title XV, Sec. Sec. 1533(c)(3), 1541(a), Nov. 5, 1990, 104 
            Stat. 1736; Pub. L. 102-82, Sec. 6, Aug. 6, 1991, 105 Stat. 
            337; Pub. L. 103-337, Sec. 924(d)(1)(D), Oct. 5, 1994, 108 
            Stat. 2832; Pub. L. 104-186, Title II, Sec. 223(7), Aug. 20, 
            1996, 110 Stat. 1751; Pub. L. 105-368, Sec. 512(b)(1)(C), 
            112 Stat. 3342.)
      1196  Sec. 907. Congressional Record: extracts for Members of 
                Congress; mailing envelopes.
                The Public Printer may print and deliver, upon the order 
            of a Member of Congress and payment of the cost, extracts 
            from the Congressional Record. The Public Printer may 
            furnish without cost to Members and the Resident 
            Commissioner, envelopes, ready for mailing the Congressional 
            Record or any part of it, or speeches, or reports in it, if 
            such part, speeches, or reports are mailable as franked mail 
            under section

[[Page 913]]

            3210 of title 39. Envelopes so furnished shall contain in 
            the upper left-hand corner the following words: ``United 
            States Senate'' or ``House of Representatives, U.S. Part of 
            Congressional Record'', and in the upper right-hand corner 
            the letters ``U.S.S.'' or ``M.C.'', and the Public Printer 
            may, at the request of a Member or Resident Commissioner, 
            print in addition to the foregoing, his name and State or 
            Commonwealth, the date, and the topic or subject matter, not 
            exceeding twelve words. He may not print any other words on 
            envelopes, except at the personal expense of the Member or 
            Resident Commissioner ordering the envelopes, except to 
            affix the official title of a document. The Public Printer 
            shall deposit moneys accruing under this section in the 
            Treasury of the United States to the credit of the 
            appropriation made for the working capital of the Government 
            Printing Office for the year in which the work is done, and 
            accounted for in his annual report to Congress. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1259; Dec. 18, 1973, Pub. L. 
            93-191, Sec. 8(b), 87 Stat. 745; Mar. 27, 1974, Pub. L. 93-
            255, Sec. 2(c), 88 Stat. 52.)
      1197  Sec. 908. Congressional Record: payment for printing 
                extracts or other documents.
                If a Member or Resident Commissioner fails to pay the 
            cost of printing extracts from the Congressional Record or 
            other documents ordered by him to be printed, the Public 
            Printer shall certify the amount due to the Chief 
            Administrative Officer of the House of Representatives or 
            the financial clerk of the Senate, as the case may be, who 
            shall deduct from any salary due the delinquent the amount, 
            or as much of it as the salary due may cover, and pay the 
            amount so obtained to the Public Printer, to be applied by 
            him to the satisfaction of the indebtedness. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1260; Pub. L. 104-186, Title II, 
            Sec. 223(8), Aug. 20, 1996, 110 Stat. 1752.)
      1198  Sec. 910. Congressional Record: subscriptions; sale of 
                current, individual numbers, and bound sets; postage 
                rate.
                (a) Under the direction of the Joint Committee, the 
            Public Printer may sell--
                            (1) subscriptions to the daily Record; and
                            (2) current, individual numbers, and bound 
                        sets of the Congressional Record.
                (b) The price of a subscription to the daily Record and 
            of current, individual numbers, and bound sets shall be 
            determined by the Public Printer based upon the cost of 
            printing and distribution. Any such price shall be paid in 
            advance. The money from any such sale shall be paid into the 
            Treasury and accounted for in the Public Printer's annual 
            report to Congress.
                (c) The Congressional Record shall be entitled to be 
            mailed at the same rates of postage at which any newspaper 
            or other periodical publication, with a legitimate list of 
            paid subscribers, is entitled to be mailed. (Oct. 22, 1968, 
            Pub. L. 90-620, 82 Stat. 1260; June 8, 1974, Pub. L. 93-314, 
            Sec. 1(a), 88 Stat. 239.)


[[Page 914]]

            
              Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING

      1199  Sec. 1104. Restrictions on use of illustrations.
                Appropriations made for printing and binding may not be 
            used for an illustration, engraving, or photograph in a 
            document or report ordered printed by Congress unless the 
            order to print expressly authorizes it, nor in a document or 
            report of an executive department, independent office or 
            establishment of the Government until the head of the 
            executive department or Government establishment certifies 
            in a letter transmitting the report that the illustration, 
            engraving, or photograph is necessary and relates entirely 
            to the transaction of public business. (Oct. 22, 1968, Pub. 
            L. 90-620, 82 Stat. 1261.)

            
                    Chapter 13.--PARTICULAR REPORTS AND DOCUMENTS

      1200  Sec. 1301. Agriculture, Department of: report of Secretary.
                The annual report of the Secretary of Agriculture shall 
            be submitted and printed in two parts, as follows:
                            part 1, containing purely business and 
                        executive matter necessary for the Secretary to 
                        submit to the President and Congress;
                            part 2, reports from the different bureaus 
                        and divisions, and papers prepared by their 
                        special agents, accompanied by suitable 
                        illustrations as are, in the opinion of the 
                        Secretary, specially suited to interest and 
                        instruct the farmers of the country, and to 
                        include a general report of the operations of 
                        the department for their information.
                In addition to the usual number, there shall be printed 
            of part 1, one thousand copies for the Senate, two thousand 
            copies for the House of Representatives, and three thousand 
            copies for the Department of Agriculture; and of part 2, one 
            hundred and ten thousand copies for the use of the Senate, 
            three hundred and sixty thousand copies for the use of the 
            House of Representatives, and thirty thousand copies for the 
            use of the Department of Agriculture, the illustrations for 
            part 2 to be subject to the approval of the Secretary of 
            Agriculture, and executed under the supervision of the 
            Public Printer, in accordance with directions of the Joint 
            Committee on Printing, and the title of each of the parts 
            shall show that each part is complete in itself. (Pub. L. 
            90-620, Oct. 22, 1968, 82 Stat. 1265.)
      1201  Sec. 1326. Librarian of Congress: reports.
                Five thousand copies of the annual and special reports 
            of the Librarian of Congress submitted to Congress, shall be 
            printed and bound in cloth for the Library of Congress. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1270.)
      1202  Sec. 1339. Printing of the President's Message.\1\
                The message of the President without the accompanying 
            documents and reports shall be printed in pamphlet form, 
            immediately upon its receipt by Congress. In addition to the 
            usual number, fifteen thousand

[[Page 915]]

            copies shall be printed, of which five thousand shall be for 
            the Senate, and ten thousand for the House of 
            Representatives.
                \1\See footnote to Senate Manual section 1152.
                In addition to the usual number of the President's 
            message and accompanying documents, there shall be printed 
            one thousand copies for the Senate and two thousand for the 
            House of Representatives. The President's message shall be 
            delivered by the printer to the appropriate officers of each 
            House of Congress on or before the third Wednesday next 
            after the meeting of Congress, or as soon after as may be 
            practicable. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1272.)
            
               Chapter 17.--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS

      1203  Sec. 1705. Printing additional copies for sale to public; 
                regulations.
                The Public Printer shall print additional copies of a 
            Government publication, not confidential in character, 
            required for sale to the public by the Superintendent of 
            Documents, subject to regulation by the Joint Committee on 
            Printing and without interference with the prompt execution 
            of printing for the Government. (Oct. 22, 1968, Pub. L. 90-
            620, 82 Stat. 1279.)
      1204  Sec. 1706. Printing and sale of extra copies of documents.
                The Public Printer shall furnish to applicants giving 
            notice before the matter is put to press, not exceeding two 
            hundred and fifty to any one applicant, copies of bills, 
            reports, and documents. The applicants shall pay in advance 
            the price of the printing. The printing of these copies for 
            private parties may not interfere with the printing for the 
            Government. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1279.)
      1205  Sec. 1710. Index of documents: number and distribution.
                The Superintendent of Documents, at the close of each 
            regular session of Congress, shall prepare and publish a 
            comprehensive index of public documents, upon a plan 
            approved by the Joint Committee on Printing. The Public 
            Printer shall, immediately upon its publication, deliver to 
            him a copy of every document printed by the Government 
            Printing Office. The head of each executive department, 
            independent agency and establishment of the Government shall 
            deliver to him a copy of every document issued or published 
            by the department, bureau, or office not confidential in 
            character. He shall also prepare and print in one volume a 
            consolidated index of Congressional documents, and shall 
            index single volumes of documents as the Joint Committee on 
            Printing directs. Two thousand copies each of the 
            comprehensive index and of the consolidated index shall be 
            printed and bound in addition to the usual number, two 
            hundred for the Senate, eight hundred for the House of 
            Representatives and one thousand for distribution by the 
            Superintendent of Documents. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1280.)
      1206  Sec. 1715. Publications for department or officer or for 
                congressional committees.
                When printing not bearing a congressional number, except 
            confidential matter, blank forms, and circular letters not 
            of a public character, is done for a department or officer 
            of the Government, or not of a confidential character, is 
            done for use of congressional committees, two copies shall 
            be sent, unless withheld by order of the committee, by the 
            Public Printer to the Senate and House of Representatives 
            libraries, respec

[[Page 916]]

            tively, and one copy each to the document rooms of the 
            Senate and House of Representatives, for reference; and 
            these copies may not be removed. (Oct. 22, 1968, Pub. L. 90-
            620, 82 Stat. 1281.)
      1207  Sec. 1718. Distribution of Government publications to the 
                Library of Congress.\1\
                There shall be printed and furnished to the Library of 
            Congress for official use in the District of Columbia not to 
            exceed twenty-five copies of:
                \1\See footnote to Senate Manual section 1152.
                            House documents and reports, bound;
                            Senate documents and reports, bound;
                            Senate and House journals, bound;
                            public bills and resolutions;
                            the United States Code and supplements, 
                        bound; and
                            all other publications and maps which are 
                        printed, or otherwise reproduced, under 
                        authority of law, upon the requisition of a 
                        Congressional committee, executive department, 
                        bureau, independent office, establishment, 
                        commission, or officer of the Government.
                Confidential matter, blank forms, and circular letters 
            not of a public character shall be excepted.
                In addition, there shall be delivered as printed to the 
            Library of Congress:
                            ten copies of each House document and 
                        report, unbound;
                            ten copies of each Senate document and 
                        report, unbound;
                    and
                            ten copies of each private bill and 
                        resolution and fifty copies of the laws in slip 
                        form. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
                        1282; Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e), 
                        96 Stat. 1189.)
      1208  Sec. 1719. International exchange of Government 
                publications.
                For the purpose of more fully carrying into effect the 
            convention concluded at Brussels on March 15, 1886, and 
            proclaimed by the President of the United States on January 
            15, 1889, there shall be supplied to the Superintendent of 
            Documents not to exceed one hundred and twenty-five copies 
            each of all Government publications, including the daily and 
            bound copies of the Congressional Record, for distribution 
            to those foreign governments which agree, as indicated by 
            the Library of Congress, to send to the United States 
            similar publications of their governments for delivery to 
            the Library of Congress. Confidential matter, blank forms, 
            circular letters not of a public character, publications 
            determined by their issuing department, office, or 
            establishment to be required for official use only or for 
            strictly administrative or operational purposes which have 
            no public interest or educational value, and publications 
            classified for reasons of national security shall be 
            exempted from this requirement. The printing, binding, and 
            distribution costs of any publication distributed in 
            accordance with this section shall be charged to 
            appropriations provided to the Superintendent of Documents 
            for that purpose. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 
            1282; Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e), 96 Stat. 
            1189; Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 
            1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 
            100 Stat. 3341-287, as amended July 1987, Pub. L. 100-71, 
            Title I, 101 Stat. 425.)

[[Page 917]]



            
                       Chapter 19.--DEPOSITORY LIBRARY PROGRAM

      1209  Sec. 1901. Definition of Government publication.
                ``Government publication'' as used in this chapter, 
            means informational matter which is published as an 
            individual document at Government expense, or as required by 
            law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1283.)
      1210  Sec. 1902. Availability of Government publications through 
                Superintendent of Documents; lists of publications not 
                ordered from Government Printing Office.
                Government publications, except those determined by 
            their issuing components to be required for official use 
            only or for strictly administrative or operational purposes 
            which have no public interest or educational value and 
            publications classified for reasons of national security, 
            shall be made available to depository libraries through the 
            facilities of the Superintendent of Documents for public 
            information. Each component of the Government shall furnish 
            the Superintendent of Documents a list of such publications 
            it issued during the previous month, that were obtained from 
            sources other than the Government Printing Office. (Oct. 22, 
            1968, Pub. L. 90-620, 82 Stat. 1283.)
      1211  Sec. 1903. Distribution of publications to depositories; 
                notice to Government components; cost of printing and 
                binding.
                Upon request of the Superintendent of Documents, 
            components of the Government ordering the printing of 
            publications shall either increase or decrease the number of 
            copies of publications furnished for distribution to 
            designated depository libraries and State libraries so that 
            the number of copies delivered to the Superintendent of 
            Documents is equal to the number of libraries on the list. 
            The number thus delivered may not be restricted by any 
            statutory limitation in force on August 9, 1962. Copies of 
            publications furnished the Superintendent of Documents for 
            distribution to designated depository libraries shall 
            include--
                            the journals of the Senate and House of 
                        Representatives;
                            all publications, not confidential in 
                        character, printed upon the requisition of a 
                        congressional committee;
                            Senate and House public bills and 
                        resolutions; and
                            reports on private bills, concurrent or 
                        simple resolutions;

            but not so-called cooperative publications which must 
            necessarily be sold in order to be self-sustaining.

                The Superintendent of Documents shall currently inform 
            the components of the Government ordering printing of 
            publications as to the number copies of their publications 
            required for distribution to depository libraries. The cost 
            of printing and binding those publications distributed to 
            depository libraries obtained elsewhere than from the 
            Government Printing Office, shall be borne by components of 
            the Government responsible for their issuance; those 
            requisitioned from the Government Printing Office shall be 
            charged to appropriations provided the Superintendent of 
            Documents for that purpose. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1283.)

[[Page 918]]


      1212  Sec. 1904. Classified list of Government publications for 
                selection by depositories.
                The Superintendent of Documents shall currently issue a 
            classified list of Government publications in suitable form, 
            containing annotations of contents and listed by item 
            identification numbers to facilitate the selection of only 
            those publications needed by depository libraries. The 
            selected publications shall be distributed to depository 
            libraries in accordance with regulations of the 
            Superintendent of Documents, as long as they fulfill the 
            conditions provided by law. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1284.)
      1213  Sec. 1905. Distribution to depositories; designation of 
                additional libraries; justification; authorization for 
                certain designations.
                The Government publications selected from lists prepared 
            by the Superintendent of Documents, and when requested from 
            him, shall be distributed to depository libraries 
            specifically designated by law and to libraries designated 
            by Senators, Representatives, and the Resident Commissioner 
            from Puerto Rico, by the Commissioner of the District of 
            Columbia, and by the Governors of Guam, American Samoa, and 
            the Virgin Islands, respectively. Additional libraries 
            within areas served by Representatives or the Resident 
            Commissioner from Puerto Rico may be designated by them to 
            receive Government publications to the extent that the total 
            number of libraries designated by them does not exceed two 
            within each area. Not more than two additional libraries 
            within a State may be designated by each Senator from the 
            State. Before an additional library within a State, 
            congressional district or the Commonwealth of Puerto Rico is 
            designated as a depository for Government publications, the 
            head of that library shall furnish his Senator, 
            Representative, or the Resident Commissioner from Puerto 
            Rico, as the case may be, with justification of the 
            necessity for the additional designation. The justification, 
            which shall also include a certification as to the need for 
            the additional depository library designation, shall be 
            signed by the head of every existing depository library 
            within the congressional district or the Commonwealth of 
            Puerto Rico or by the head of the library authority of the 
            State or the Commonwealth of Puerto Rico, within which the 
            additional depository library is to be located. The 
            justification for additional depository library designations 
            shall be transmitted to the Superintendent of Documents by 
            the Senator, Representative, or the Resident Commissioner 
            from Puerto Rico, as the case may be. The Commissioner of 
            the District of Columbia may designate two depository 
            libraries in the District of Columbia, the Governor of Guam 
            and the Governor of American Samoa may each designate one 
            depository library in Guam and American Samoa, respectively, 
            and the Governor of the Virgin Islands may designate one 
            depository library on the island of Saint Thomas and one on 
            the island of Saint Croix. (Oct. 22, 1968, Pub. L. 90-620, 
            82 Stat. 1284.)
      1214  Sec. 1906. Land-grant colleges constituted depositories.
                Land-grant colleges are constituted depositories to 
            receive Government publications subject to the depository 
            laws. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1284.)

[[Page 919]]


      1215  Sec. 1909. Requirements of depository libraries; reports on 
                conditions; investigations; termination; replacement.
                Only a library able to provide custody and service for 
            depository materials and located in an area where it can 
            best serve the public need, and within an area not already 
            adequately served by existing depository libraries may be 
            designated by Senators, Representatives, the Resident 
            Commissioner from Puerto Rico, the Commissioner of the 
            District of Columbia, or the Governors of Guam, American 
            Samoa, or the Virgin Islands as a depository of Government 
            publications. The designated depository libraries shall 
            report to the Superintendent of Documents at least every two 
            years concerning their condition.
                The Superintendent of Documents shall make firsthand 
            investigation of conditions for which need is indicated and 
            include the results of investigations in his annual report. 
            When he ascertains that the number of books in a depository 
            library is below ten thousand, other than Government 
            publications, or it has ceased to be maintained so as to be 
            accessible to the public, or that the Government 
            publications which have been furnished the library have not 
            been properly maintained, he shall delete the library from 
            the list of depository libraries if the library fails to 
            correct the unsatisfactory conditions within six months. The 
            Representative or the Resident Commissioner from Puerto Rico 
            in whose area the library is located or the Senator who made 
            the designation, or a successor of the Senator, and, in the 
            case of a library in the District of Columbia, the 
            Commissioner of the District of Columbia, and in the case of 
            a library in Guam, American Samoa, or the Virgin Islands, 
            the Governor, shall be notified and shall then be authorized 
            to designate another library within the area served by him, 
            which shall meet the conditions herein required, but which 
            may not be in excess of the number of depository libraries 
            authorized by law within the State, district, territory, or 
            the Commonwealth of Puerto Rico, as the case may be. (Oct. 
            22, 1968, Pub. L. 90-620, 82 Stat. 1285.)
      1216  Sec. 1910. Designations of replacement depositories; 
                limitations on numbers; conditions.
                The designation of a library to replace a depository 
            library, other than a depository library specifically 
            designated by law, may be made only within the limitations 
            on total numbers specified by section 1905 of this title, 
            and only when the library to be replaced ceases to exist, or 
            when the library voluntarily relinquishes its depository 
            status, or when the Superintendent of Documents determines 
            that it no longer fulfills the conditions provided by law 
            for depository libraries. (Oct. 22, 1968, Pub. L. 90-620, 82 
            Stat. 1286.)
      1217  Sec. 1912. Regional depositories; designation; functions; 
                disposal of publications.
                Not more than two depository libraries in each State and 
            the Commonwealth of Puerto Rico may be designated as 
            regional depositories, and shall receive from the 
            Superintendent of Documents copies of all new and revised 
            Government publications authorized for distribution to 
            depository libraries. Designation of regional depository 
            libraries may be made by a Senator or the Resident 
            Commissioner from Puerto Rico within the areas served by 
            them, after approval by the head of the library authority of 
            the State or the Commonwealth of Puerto Rico, as the case 
            may be, who shall first ascertain from the head of the

[[Page 920]]

            library to be so designated that the library will, in 
            addition to fulfilling the requirements for depository 
            libraries, retain at least one copy of all Government 
            publications either in printed or microfacsimile form 
            (except those authorized to be discarded by the 
            Superintendent of Documents); and within the region served 
            will provide interlibrary loan, reference service, and 
            assistance for depository libraries in the disposal of 
            unwanted Government publications. The agreement to function 
            as a regional depository library shall be transmitted to the 
            Superintendent of Documents by the Senator or the Resident 
            Commissioner from Puerto Rico when the designation is made.
                The libraries designated as regional depositories may 
            permit depository libraries, within the areas served by 
            them, to dispose of Government publications which they have 
            retained for five years after first offering them to other 
            depository libraries within their area, then to other 
            libraries. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1286.)
      1218  Sec. 1914. Implementation  of  depository  library  program  
                by  Public Printer.
                The Public Printer, with the approval of the Joint 
            Committee on Printing, as provided by section 103 of this 
            title, may use any measures he considers necessary for the 
            economical and practical implementation of this chapter. 
            (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1287.)
      1219  Sec. 1915. Highest State appellate court libraries as 
                depository libraries.
                Upon the request of the highest appellate court of a 
            State, the Public Printer is authorized to designate the 
            library of that court as a depository library. The 
            provisions of section 1911 of this title shall not apply to 
            any library so designated. (Aug. 10, 1972, Pub. L. 92-368, 
            Sec. 1(a), 86 Stat. 507.)
      1220  Sec. 1916. Designation of libraries of accredited law 
                schools as depository libraries.
                (a) Upon the request of any accredited law school, the 
            Public Printer shall designate the library of such law 
            school as a depository library. The Public Printer may not 
            make such designation unless he determines that the library 
            involved meets the requirements of this chapter, other than 
            those requirements of the first undesignated paragraph of 
            section 1909 of this title which relate to the location of 
            such library.
                (b) For purposes of this section, the term ``accredited 
            law school'' means any law school which is accredited by a 
            nationally recognized accrediting agency or association 
            approved by the Commissioner of Education for such purpose 
            or accredited by the highest appellate court of the State in 
            which the law school is located. (April 17, 1978, Pub. L. 
            95-261, Sec. 1, 92 Stat. 199.)

            
              Chapter 21.--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

      1221  Sec. 2112. Presidential archival depository.
                (a)(1) When the Archivist considers it to be in the 
            public interest, the Archivist may--

[[Page 921]]

                            (A)(i) accept, for and in the name of the 
                        United States, land, a facility, and equipment 
                        offered as a gift to the United States for the 
                        purpose of creating a Presidential archival 
                        depository;
                            (ii) take title to the land, facility, and 
                        equipment on behalf of the United States; and
                            (iii) maintain, operate, and protect the 
                        land, facility, and equipment as a Presidential 
                        archival depository and as part of the national 
                        archives system; * * *
                (3) Prior to accepting and taking title to any land, 
            facility, or equipment under subparagraph (A) of paragraph 
            (1), or prior to entering into any agreement under 
            subparagraph (B) of such paragraph or any other agreement to 
            accept or establish a Presidential archival depository, the 
            Archivist shall submit a written report on the proposed 
            Presidential archival depository to the President of the 
            Senate and the Speaker of the House of Representatives. The 
            report shall include--
                            (A) a description of the land, facility, and 
                        equipment offered as a gift or to be made 
                        available without transfer of title;
                            (B) a statement specifying the estimated 
                        total cost of the proposed depository and the 
                        amount of the endowment for the depository 
                        required pursuant to subsection (g) of this 
                        section;
                            (C) a statement of the terms of the proposed 
                        agreement, if any;
                            (D) a general description of the types of 
                        papers, documents, or other historical materials 
                        proposed to be deposited in the depository to be 
                        created, and of the terms of the proposed 
                        deposit;
                            (E) a statement of any additional 
                        improvements and equipment associated with the 
                        development and operation of the depository, an 
                        estimate of the costs of such improvements and 
                        equipment, and a statement as to the extent to 
                        which such costs will be incurred by any Federal 
                        or State government agency;
                            (F) an estimate of the total annual cost to 
                        the United States of maintaining, operating, and 
                        protecting the depository; and
                            (G) a certification that such facility and 
                        equipment (whether offered as a gift or made 
                        available without transfer of title) comply with 
                        standards promulgated by the Archivist pursuant 
                        to paragraph (2) of this subsection.

            (Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108; 
            Pub. L. 94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727; 
            Pub. L. 95-591, Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528; 
            renumbered Sec. 2112 and amended Pub. L. 98-497, Title I, 
            Sec. Sec. 102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat. 
            2280, 2286; Pub. L. 99-323, Sec. 3, May 27, 1986, 100 Stat. 
            495.)

      1222  Sec. 2118. Records of Congress.
                The Secretary of the Senate and the Clerk of the House 
            of Representatives, acting jointly, shall obtain at the 
            close of each Congress all the noncurrent records of the 
            Congress and of each congressional committee and transfer 
            them to the National Archives and Records Administration for 
            preservation, subject to the orders of the Senate or the 
            House of Representatives, respectively. (Pub. L. 90-620, 
            Oct. 22, 1968, 82 Stat. 1291, Sec. 2114; renumbered and 
            amended Pub. L. 98-497, Title I, Sec. Sec. 102(a)(1), 
            107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)
            Cross Reference
                The Senate provided public access to its records 
            pursuant to S. Res. 474, Dec. 1, 1980. See Senate Manual 
            section 60.


[[Page 922]]

            
                          Chapter 33.--DISPOSAL OF RECORDS

      1223  Sec. 3303a. Examination by Archivist of lists and schedules 
                of records lacking preservation value; disposal of 
                records.
                (a) The Archivist shall examine the lists and schedules 
            submitted to him under section 3303 of this title. If the 
            Archivist determines that any of the records listed in a 
            list or schedule submitted to him do not, or will not after 
            the lapse of the period specified, have sufficient 
            administrative, legal, research, or other value to warrant 
            their continued preservation by the Government, he may, 
            after publication of notice in the Federal Register and an 
            opportunity for interested persons to submit comment 
            thereon--
                            (1) notify the agency to that effect; and
                            (2) empower the agency to dispose of those 
                        records in accordance with regulations 
                        promulgated under section 3302 of this title.
                (b) Authorizations granted under lists and schedules 
            submitted to the Archivist under section 3303 of this title, 
            and schedules promulgated by the Archivist under subsection 
            (d) of this section, shall be mandatory, subject to section 
            2909 of this title. As between an authorization granted 
            under lists and schedules submitted to the Archivist under 
            section 3303 of this title and an authorization contained in 
            a schedule promulgated under subsection (d) of this section, 
            application of the authorization providing for the shorter 
            retention period shall be required, subject to section 2909 
            of this title.
                (c) The Archivist may request advice and counsel from 
            the Committee on Rules and Administration of the Senate and 
            the Committee on House Oversight of the House of 
            Representatives with respect to the disposal of any 
            particular records under this chapter whenever he considers 
            that--
                            (1) those particular records may be of 
                        special interest to the Congress; or
                            (2) consultation with the Congress regarding 
                        the disposal of those particular records is in 
                        the public interest.

            However, this subsection does not require the Archivist to 
            request such advice and counsel as a regular procedure in 
            the general disposal of records under this chapter.

                (d) The Archivist shall promulgate schedules authorizing 
            the disposal, after the lapse of specified periods of time, 
            of records of a specified form or character common to 
            several or all agencies if such records will not, at the end 
            of the periods specified, have sufficient administrative, 
            legal, research, or other value to warrant their further 
            preservation by the United States Government. A Federal 
            agency may request changes in such schedules for its records 
            pursuant to section 2009 of this title.
                (e) The Archivist may approve and effect the disposal of 
            records that are in his legal custody, provided that records 
            that had been in the custody of another existing agency may 
            not be disposed of without the written consent of the head 
            of the agency.
                (f) The Archivist shall make an annual report to the 
            Congress concerning the disposal of records under this 
            chapter, including general descriptions of the types of 
            records disposed of and such other information as he 
            considers appropriate to keep the Congress fully informed 
            regarding the disposal of records under this chapter. (Added 
            Pub. L.

[[Page 923]]

            91-287, Sec. 1, June 23, 1970, 84 Stat. 320, and amended 
            Pub. L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat. 1063; Pub. 
            L. 98-497, Title I, Sec. 107(b)(24), (25)(B), Title II, 
            Sec. 204, Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 104-
            186, Title II, Sec. 223(10), Aug. 20, 1996, 110 Stat. 1752.)

            
               Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY

            
                      Subchapter I--Federal Information Policy

      1224  Sec. 3501. Purposes.
                The purposes of this subchapter are to--
                            (1) minimize the paperwork burden for 
                        individuals, small businesses, educational and 
                        nonprofit institutions, Federal contractors, 
                        State, local and tribal governments, and other 
                        persons resulting from the collection of 
                        information by or for the Federal Government;
                            (2) ensure the greatest possible public 
                        benefit from and maximize the utility of 
                        information created, collected, maintained, 
                        used, shared and disseminated by or for the 
                        Federal Government;
                            (3) coordinate, integrate, and to the extent 
                        practicable and appropriate, make uniform 
                        Federal information resources management 
                        policies and practices as a means to improve the 
                        productivity, efficiency, and effectiveness of 
                        Government programs, including the reduction of 
                        information collection burdens on the public and 
                        the improvement of service delivery to the 
                        public;
                            (4) improve the quality and use of Federal 
                        information to strengthen decisionmaking, 
                        accountability, and openness in Government and 
                        society;
                            (5) minimize the cost to the Federal 
                        Government of the creation, collection, 
                        maintenance, use, dissemination, and disposition 
                        of information;
                            (6) strengthen the partnership between the 
                        Federal Government and State, local, and tribal 
                        governments by minimizing the burden and 
                        maximizing the utility of information created, 
                        collected, maintained, used, disseminated, and 
                        retained by or for the Federal Government;
                            (7) provide for the dissemination of public 
                        information on a timely basis, on equitable 
                        terms, and in a manner that promotes the utility 
                        of the information to the public and makes 
                        effective use of information technology;
                            (8) ensure that the creation, collection, 
                        maintenance, use, dissemination, and disposition 
                        of information by or for the Federal Government 
                        is consistent with applicable laws, including 
                        laws relating to--

                                (A) privacy and confidentiality, 
                            including section 552a of title 5;

                                (B) security of information, including 
                            the Computer Security Act of 1987 (Public 
                            Law 100-235); and

                                (C) access to information, including 
                            section 552 of title 5;

                            (9) ensure the integrity, quality, and 
                        utility of the Federal statistical system;
                            (10) ensure that information technology is 
                        acquired, used, and managed to improve 
                        performance of agency missions, including the 
                        reduction of information collection burdens on 
                        the public; and

[[Page 924]]

                            (11) improve the responsibility and 
                        accountability of the Office of Management and 
                        Budget and all other Federal agencies to 
                        Congress and to the public for implementing the 
                        information collection review process, 
                        information resources management, and related 
                        policies and guidelines established under this 
                        subchapter.

            (Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812; 
            amended Pub. L. 99-591, Title VIII, Sec. 811, Oct. 30, 1986, 
            100 Stat. 3341-335; Pub. L. 104-13; May 22, 1995, 109 Stat. 
            163; Pub. L. 106-398, Oct. 30, 2000, 114 Stat. 1654A-275.)

      1225  Sec. 3503. Office of Information and Regulatory Affairs.
                (a) There is established in the Office of Management and 
            Budget an office to be known as the Office of Information 
            and Regulatory Affairs.
                (b) There shall be at the head of the Office an 
            Administrator who shall be appointed by the President, by 
            and with the advice and consent of the Senate. The Director 
            shall delegate to the Administrator the authority to 
            administer all functions under this subchapter, except that 
            any such delegation shall not relieve the Director of 
            responsibility for the administration of such functions. The 
            Administrator shall serve as principal adviser to the 
            Director on Federal information resources management policy. 
            (Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 
            2814, and amended Pub. L. 99-500, Title I, Sec. 101(m), 
            [Title VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-
            336; Pub. L. 99--591, Title I, Sec. 101(m), [Title VIII, 
            Sec. 813(a)], Oct. 30, 1986, 100 Stat. 3341-336; Pub. L. 
            104-13; May 22, 1995, 109 Stat. 166; Pub. L. 106-398, Oct. 
            30, 2000, 114 Stat. 1654A-275.)
      1226  Sec. 3505. Assignment of tasks and deadlines.
                (a) In carrying out the functions under this subchapter, 
            the Director shall--
                            (1) in consultation with agency heads, set 
                        an annual Governmentwide goal for the reduction 
                        of information collection burdens by at least 10 
                        percent during each of fiscal years 1996 and 
                        1997 and 5 percent during each of fiscal years 
                        1998, 1999, 2000, and 2001, and set annual 
                        agency goals to--

                                (A) reduce information collection 
                            burdens imposed on the public that--

                                        (i) represent the maximum 
                                    practicable opportunity in each 
                                    agency; and

                                        (ii) are consistent with 
                                    improving agency management of the 
                                    process for the review of 
                                    collections of information 
                                    established under section 3506(c); 
                                    and

                                (B) improve information resources 
                            management in ways that increase the 
                            productivity, efficiency and effectiveness 
                            of Federal programs, including service 
                            delivery to the public;

                            (2) with selected agencies and non-Federal 
                        entities on a voluntary basis, conduct pilot 
                        projects to test alternative policies, 
                        practices, regulations, and procedures to 
                        fulfill the purposes of this subchapter, 
                        particularly with regard to minimizing the 
                        Federal information collection burden; and
                            (3) in consultation with the Administrator 
                        of General Services, the Director of the 
                        National Institute of Standards and Technology, 
                        the Archivist of the United States, and the 
                        Director of the Office of Personnel Management, 
                        develop and maintain a Governmentwide

[[Page 925]]

                        strategic plan for information resources 
                        management, that shall include--

                                (A) a description of the objectives and 
                            the means by which the Federal Government 
                            shall apply information resources to improve 
                            agency and program performance;

                                (B) plans for--

                                        (i) reducing information burdens 
                                    on the public, including reducing 
                                    such burdens through the elimination 
                                    of duplication and meeting shared 
                                    data needs with shared resources;

                                        (ii) enhancing public access to 
                                    and dissemination of, information, 
                                    using electronic and other formats; 
                                    and

                                        (iii) meeting the information 
                                    technology needs of the Federal 
                                    Government in accordance with the 
                                    purposes of this subchapter; and

                                (C) a description of progress in 
                            applying information resources management to 
                            improve agency performance and the 
                            accomplishment of missions.

                (b) For purposes of any pilot project conducted under 
            subsection (a)(2), the Director may, after consultation with 
            the agency head, waive the application of any administrative 
            directive issued by an agency with which the project is 
            conducted, including any directive requiring a collection of 
            information, after giving timely notice to the public and 
            the Congress regarding the need for such waiver.

            (Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 
            2818; and amended Pub. L. 99-500, Title I, Sec. 101(m), 
            [Title VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-337; 
            Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII, 
            Sec. 815], Oct. 30, 1986, 100 Stat. 3341-337; Pub. L. 104-
            13, May 22, 1995, 109 Stat. 170; Pub. L. 106-398, Oct. 30, 
            2000, 114 Stat. 1654A-275.)

      1227  Sec. 3514. Responsiveness to Congress.
                (a)(1) The Director shall--
                            (A) keep the Congress and congressional 
                        committees fully and currently informed of the 
                        major activities under this subchapter; and
                            (B) submit a report on such activities to 
                        the President of the Senate and the Speaker of 
                        the House of Representatives annually and at 
                        such other times as the Director determines 
                        necessary.
                (2) The Director shall include in any such report a 
            description of the extent to which agencies have--
                            (A) reduced information collection burdens 
                        on the public, including--

                                (i) a summary of accomplishments and 
                            planned initiatives to reduce collection of 
                            information burdens;

                                (ii) a list of all violations of this 
                            subchapter and of any rules, guidelines, 
                            policies, and procedures issued pursuant to 
                            this subchapter;

                                (iii) a list of any increase in the 
                            collection of information burden, including 
                            the authority for each such collection; and

                                (iv) a list of agencies that in the 
                            preceding year did not reduce information 
                            collection burdens in accordance with 
                            section 3505(a)(1), a list of the programs 
                            and statutory responsibilities of those 
                            agencies that precluded that reduction, and 
                            recommendations to assist those agencies to 
                            reduce information collection burdens in 
                            accordance with that section;

[[Page 926]]

                            (B) improved the quality and utility of 
                        statistical information;
                            (C) improved public access to Government 
                        information; and
                            (D) improved program performance and the 
                        accomplishment of agency missions through 
                        information resources management.
                (b) The preparation of any report required by this 
            section shall be based on performance results reported by 
            the agencies and shall not increase the collection of 
            information burden on persons outside the Federal 
            Government.

            (Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 
            2823, and amended Pub. L. 99-500, Title I, Sec. 101(m), 
            [Title VIII, Sec. 819], Oct. 18, 1986, 100 Stat. 1783-339; 
            Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII, 
            Sec. 819], Oct. 30, 1986, 100 Stat. 3341-339; Pub. L. 104-
            13, May 22, 1995, 109 Stat. 181; Pub. L. 106-398, Oct. 30, 
            2000, 114 Stat. 1654A-275.)