    [United States Senate Manual, 112th Congress]
    [S. Doc. 112-1]
    [USCODETITLE]
    [Pages 239-1118]
    [From the U.S. Government Publishing Office, www.gpo.gov]

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                                            [270]
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                  GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
                                           SENATE

                     [Data collected through 111th Congress, 2d 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

                101.      Enacting clause....................... 275
                102.      Resolving clause...................... 276
                103.      Enacting or resolving words after
                              first section..................... 277
                104.      Numbering of sections; single
                              proposition....................... 278
                105.      Title of appropriation Acts........... 279
                106.      Printing bills and joint resolutions.. 280
                106a.     Promulgation of laws.................. 281
                106b.     Amendments to Constitution............ 282
                107.      Parchment or paper for printing
                              enrolled bills or resolutions..... 283
                108.      Repeal of repealing act............... 284
                109.      Repeal of statutes as affecting
                              existing liabilities.............. 285
                110.      Saving clause of Revised Statutes..... 286
                111.      Repeals as evidence of prior
                              effectiveness..................... 287
                112.      Statutes at large; contents;
                              admissibility in evidence......... 288
                112b.     United States international
                              agreements, transmission to
                              Congress.......................... 289

                 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.......................... 290
                212.      Additional distribution at each new
                              Congress.......................... 291

                                   TITLE 2.--THE CONGRESS

                    Chapter 1.--Election of Senators and Representatives

                1.        Time for election of Senators......... 295
                1a.       Election to be certified by governor.. 296
                1b.       Same; countersignature by secretary of
                              state............................. 297

                            Chapter 2.--Organization of Congress

                21.       Oath of Senators...................... 298

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                22.       Oath of President of Senate........... 299
                23.       Presiding officer of Senate may
                              administer oaths.................. 300
                24.       Secretary of Senate or Assistant
                              Secretary may administer oaths.... 301
                27.       Change of place of meeting............ 302
                30.       Term of service of Members of Congress
                              as trustees or directors of
                              corporations or institutions
                              appropriated for.................. 303
                30a.      Jury duty exemption of elected
                              officials of the legislative
                              branch............................ 304
                30b.      Notice of objecting to the proceeding. 305

                     Chapter 3.--Compensation and Allowances of Members

                31.       Compensation of Members of Congress... 306
                31-2.     Gifts and travel...................... 308
                31-3.     Registered lobbyist participation in
                              travel; guidelines................ 309
                31a-1.    Expense allowance of Majority and
                              Minority Leaders of Senate;
                              expense allowance of Majority and
                              Minority Whips; methods of
                              payment; taxability............... 310
                31a-2.    Representation Allowance Account for
                              Majority and Minority Leaders of
                              Senate............................ 311
                31a-2a.   Transfer of funds from representation
                              allowance of Majority and Minority
                              Leaders of Senate to expense
                              allowance; availability;
                              definitions....................... 312
                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............ 313
                31a-2c.   Transfer of funds from appropriations
                              account of Majority and Minority
                              Whips of Senate to appropriations
                              account for ``Miscellaneous
                              Items'' within Senate contingent
                              fund.............................. 314
                31a-2d.   Transfer of funds from appropriations
                              account of the Office of the Vice
                              President and the Offices of
                              Secretaries for the Majority and
                              Minority to the Senate contingent
                              fund.............................. 315
                31a-3.    Expense allowance for Chairmen of
                              Majority and Minority Conference
                              Committees of Senate; method of
                              payment; taxability............... 316
                31a-4.    Chairmen of the Majority and Minority
                              Policy Committees' Expense Account 317
                32.       Compensation of President pro tempore
                              of Senate......................... 318
                32a.      Compensation of Deputy President pro
                              tempore of Senate................. 319
                32b.      Expense allowance of President pro
                              tempore of Senate; methods of
                              payment; taxability............... 320
                33.       Senators' salaries.................... 321
                36.       Salaries of Senators.................. 322
                36a.      Payment of sums due deceased Senators
                              and Senate personnel.............. 323

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                39.       Deductions for absence................ 324
                40.       Deductions for withdrawal............. 325
                40a.      Deductions for delinquent indebtedness 326
                42a.      Special delivery postage allowance for
                              President of the Senate........... 327
                43d.      Organizational expenses of Senator-
                              elect............................. 328
                46a.      Stationery allowance for President of
                              the Senate........................ 329
                46a-1.    Senate revolving fund for stationery
                              allowances; availability of
                              unexpended balances; withdrawals.. 330
                46d-1.    Long-distance telephone calls for Vice
                              President......................... 331
                47.       Mode of payment....................... 332
                48.       Certification of salary and mileage
                              accounts.......................... 333
                51.       Monuments to deceased Senators or
                              House Members..................... 334
                55.       United States Code Annotated or United
                              States Code Service; procurement
                              for Senators...................... 335
                58.       Mail, telegraph, telephone,
                              stationery, office supplies, and
                              home State office and travel
                              expenses for Senators............. 336
                58a.      Telecommunications services for
                              Senators; payment of costs out of
                              contingent fund................... 337
                58a-1.    Payment for telecommunications
                              equipment and services;
                              definitions....................... 338
                58a-2.    Certification of telecommunications
                              equipment and services as official 339
                58a-3.    Report on telecommunications to
                              Committee on Rules and
                              Administration.................... 340
                58a-4.    Metered charges on copiers; ``Sergeant
                              at Arms'' and ``user'' defined;
                              certification of services as
                              official; deposit of payments;
                              availability for expenditure...... 341
                58c.      Senators' Official Personnel and
                              Office Expense Account............ 343
                59.       Home State office space for Senators;
                              lease of office space............. 345
                59-1.     Additional home State office space for
                              Senators.......................... 346
                59b.      Purchase of office equipment or
                              furnishings by Senators........... 347
                59d-1.    Transportation of official records and
                              papers to a Senator's State....... 348
                59e.      Official mail of persons entitled to
                              use the congressional frank....... 349
                59f.      Mass mailings by Senate offices;
                              quarterly statements; publication
                              of summary tabulations............ 350
                59g.      Mass mailing of information under
                              frank; quarterly registration with
                              Secretary of Senate............... 351

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

                60-1.     Authority of officers of Congress over
                              Congressional employees........... 352

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                60-2.     Amendment to Senate conflict of
                              interest rule..................... 353
                60a-1.    Senate pay adjustments; action by
                              President pro tempore of Senate... 354
                60a-1a.   Rates of compensation paid by
                              Secretary of Senate; applicability
                              of Senate pay adjustments by
                              President pro tempore of Senate... 355
                60a-1b.   Senate pay adjustments; action by
                              President pro tempore of Senate... 356
                60c-1.    Vice President, Senators, officers and
                              employees paid by Secretary of
                              Senate; payment of salary; advance
                              payment........................... 357
                60c-2a.   Banking and financial transactions of
                              Secretary of Senate............... 359
                60c-3.    Withholding and remittance of State
                              income tax by Secretary of Senate. 360
                60c-4.    Withholding of charitable
                              contributions from salaries paid
                              by Secretary of Senate and from
                              employees of Architect of Capitol. 361
                60c-5.    Student loan repayment program........ 362
                60j.      Longevity compensation................ 363
                60j-1.    Capitol Police longevity compensation. 364
                60j-2.    Longevity compensation for telephone
                              operators on United States Capitol
                              telephone exchange and members of
                              Capitol Police paid by Chief
                              Administrative Officer of House... 365
                60j-4.    Longevity compensation not applicable
                              to individuals paid by Secretary
                              of Senate; savings provision...... 367
                60o.      Omitted............................... 368
                60p.      Payment for unaccrued leave........... 369
                61.       Limit on rate of compensation of
                              Senate officers and employees..... 370
                61-1.     Gross rate of compensation of
                              employees paid by Secretary of
                              Senate............................ 371
                61-1a.    Availability of appropriated funds for
                              payment to an individual of pay
                              from more than one position;
                              conditions........................ 372
                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''....................... 373
                61-1c.    Aggregate gross compensation of
                              employee of Senator of State with
                              population under 5,000,000........ 374
                61a.      Compensation of Secretary of Senate... 375
                61a-9.    Advancement by Secretary of Senate of
                              travel funds to employees under
                              his jurisdiction for Federal
                              Election Campaign Act travel
                              expenses.......................... 376
                61a-9a.   Travel expenses of Secretary of
                              Senate; advancement of travel
                              funds to designated employees..... 377

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                61a-11.   Abolition of statutory positions in
                              Office of Secretary of Senate;
                              Secretary's authority to establish
                              and fix compensation for positions 378
                61b.      Compensation of Parliamentarian of
                              Senate............................ 379
                61b-3.    Professional archivist; Secretary's
                              authority to obtain services from
                              General Services Administration... 380
                61c-1.    Adjustment of rate of compensation by
                              Secretary of Senate............... 381
                61c-2.    Compensation of Assistants to Majority
                              and Minority in Office of
                              Secretary of Senate............... 382
                61d.      Compensation of Chaplain of Senate.... 383
                61d-1.    Compensation of employees of Chaplain
                              of Senate......................... 384
                61d-2.    Postage allowance for Chaplain of
                              Senate............................ 385
                61d-4.    Payment of expenses of Chaplain of
                              Senate from Senate contingent fund 387
                61e.      Compensation of Sergeant at Arms and
                              Doorkeeper of Senate.............. 388
                61e-1.    Compensation of Deputy Sergeant at
                              Arms and Doorkeeper of Senate..... 389
                61e-2.    Compensation of Administrative
                              Assistant to Sergeant at Arms and
                              Doorkeeper of Senate.............. 390
                61e-3.    Deputy Sergeant at Arms and Doorkeeper
                              to act on death, resignation,
                              disability, or absence of Sergeant
                              at Arms and Doorkeeper of Senate.. 391
                61e-4.    Designation by Sergeant at Arms and
                              Doorkeeper of Senate of persons to
                              approve vouchers for payment of
                              moneys............................ 392
                61f-1a.   Travel expenses of Sergeant at Arms
                              and Doorkeeper of Senate.......... 393
                61f-7.    Abolition of statutory positions in
                              Office of Sergeant at Arms and
                              Doorkeeper of Senate; authority to
                              establish and fix compensations
                              for positions..................... 394
                61f-8.    Use by Sergeant at Arms and Doorkeeper
                              of Senate of individual
                              consultants or organizations, and
                              department and agency personnel... 395
                61f-9.    Employment of personnel by Sergeant at
                              Arms and Doorkeeper of Senate at
                              daily rates of compensation;
                              authorization; limitation on
                              amount of compensation............ 396
                61f-10.   Procurement of temporary help......... 397
                61f-11.   Provision of services and equipment on
                              a reimbursable basis.............. 398
                61f-12.   Treatment of electronic services
                              provided by Sergeant at Arms...... 399
                61f-13.   Media support services................ 400
                61f-14.   Law enforcement authority of Sergeant-
                              at-Arms and Doorkeeper of the
                              Senate............................ 401
                61g-6.    Payment of expenses of Conference of
                              Majority and Conference of
                              Minority from Senate contingent
                              fund.............................. 402

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                61g-6a.   Salaries and expenses for Senate
                              Majority and Minority Policy
                              Committees and Senate Majority and
                              Minority Conference Committees.... 403
                61g-6b.   Offices of the Secretaries of the
                              Conference of the Majority and the
                              Conference of the Minority........ 404
                61g-7.    Services of consultants to Majority
                              and Minority Conference Committee
                              of Senate......................... 405
                61g-8.    Utilization of funds for specialized
                              training of professional staff for
                              Majority and Minority Conference
                              Committee of the Senate........... 406
                61h-4.    Appointment of employees by Senate
                              Majority and Minority Leaders;
                              compensation...................... 407
                61h-5.    Assistants to Senate Majority and
                              Minority Leaders for Floor
                              Operations; establishment of
                              positions; appointment;
                              compensation...................... 408
                61h-6.    Appointment of consultants by Majority
                              Leader, Minority Leader, Secretary
                              of Senate, and Legislative Counsel
                              of Senate; compensation........... 409
                61h-7.    Chief of Staff for Senate Majority and
                              Minority Leaders; appointment;
                              compensation...................... 410
                61j-2.    Compensation and appointment of
                              employees by Senate Majority and
                              Minority Whips.................... 411
                61k.      Compensation and appointment of
                              employees by President pro tempore
                              of Senate......................... 412
                61l.      Appointment and compensation of
                              Administrative Assistant,
                              Legislative Assistant, and
                              Executive Secretary for Deputy
                              President pro tempore of Senate... 413
                62.       Limitation on compensation of Sergeant
                              at Arms and Doorkeeper of Senate.. 414
                64-1.     Employees of Senate Disbursing Office;
                              designation by Secretary of Senate
                              to administer oaths and
                              affirmations...................... 416
                64-2.     Transfer of funds by Secretary of
                              Senate; approval of Committee on
                              Appropriations.................... 417
                64-3.     Reimbursement for Capitol Police
                              salaries paid by Senate for
                              service at Federal Law Enforcement
                              Training Center................... 418
                64a.      Death, resignation, or disability of
                              Secretary and Assistant Secretary
                              of Senate; Financial Clerk deemed
                              successor as disbursing officer... 419
                64b.      Same; Assistant Secretary of Senate to
                              act as Secretary; written
                              designation of absent status...... 420
                65a.      Insurance of office funds of Secretary
                              of Senate and Sergeant at Arms;
                              payment of premiums............... 421
                65b.      Advances to Sergeant at Arms of Senate
                              for extraordinary expenses........ 422
                65c.      Expense allowance for Secretary of
                              Senate, Sergeant at Arms and
                              Doorkeeper of Senate, and
                              Secretaries for Senate Majority
                              and Minority...................... 423

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                65d.      Funds advanced by Secretary of Senate
                              to Sergeant at Arms and Doorkeeper
                              of Senate to defray office
                              expenses; accountability; maximum
                              amount; vouchers.................. 424
                65f.      Funds for Secretary of Senate to
                              assist in proper discharge within
                              United States of responsibilities
                              to foreign parliamentary groups or
                              other foreign officials........... 425
                66a.      Restriction on payment of dual
                              compensation by Secretary of
                              Senate............................ 426
                67.       Clerks to Senators-elect.............. 427
                68.       Payments from Senate contingent fund.. 428
                68-1.     Committee on Rules and Administration;
                              designation of employees to
                              approve vouchers for payments from
                              Senate contingent fund............ 429
                68-2.     Appropriations for contingent expenses
                              of Senate; restrictions........... 430
                68-3.     Separate accounts for the ``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..... 431
                68-4.     Deposit of moneys for credit to
                              account within Senate contingent
                              fund for ``Sergeant at Arms and
                              Doorkeeper of the Senate''........ 432
                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.................... 433
                68-6.     Transfers from appropriations accounts
                              for expenses of Secretary of
                              Senate and Office of Sergeant at
                              Arms and Doorkeeper of Senate..... 434
                68-6a.    Transfers from appropriations account
                              for expenses of Office of Sergeant
                              at Arms and Doorkeeper of Senate.. 435
                68-7.     Senate Office of Public Records
                              Revolving Fund.................... 436
                68-8.     Vouchering Senate office charges...... 437
                68a.      Materials, supplies, and fuel payments
                              from Senate contingent fund....... 438
                68b.      Per diem and subsistence expenses from
                              Senate contingent fund............ 439
                68c.      Computation of compensation for
                              stenographic assistance of
                              committees payable from Senate
                              contingent fund................... 440
                68e.      Advance payments by Secretary of
                              Senate............................ 441
                69.       Expenses of committees payable from
                              Senate contingent fund............ 442
                69-1.     Availability of funds for franked mail
                              expenses.......................... 443
                69a.      Orientation seminars, etc., for new
                              Senators, Senate officials or
                              members of staffs of Senators or
                              Senate officials; payment of
                              expenses.......................... 444

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                69b.      Senate Leader's Lecture Series........ 445
                72a.      Committee staffs...................... 446
                72a-1e.   Assistance to Senators with committee
                              memberships by employees in office
                              of Senator........................ 447
                72a-1f.   Designation by Senator who is Chairman
                              or Vice Chairman of Senate Select
                              Committee on Ethics of employee in
                              office of that Senator to perform
                              part-time service for Committee;
                              amount reimbursable; procedure
                              applicable........................ 448
                72a-1g.   Referral of ethics violations by the
                              Senate Ethics Committee to
                              Government Accountability Office
                              for investigation................. 449
                72a-1h.   Mandatory Senate ethics training for
                              members and staff................. 450
                72a-1i.   Annual report by Select Committee on
                              Ethics............................ 451
                72d.      Committee on Appropriations;
                              discretionary powers.............. 452
                72d-1.    Transfer of funds from the
                              appropriation accounts for
                              salaries or expenses for the
                              Appropriations Committee of the
                              Senate............................ 453
                74b.      Employment of additional
                              administrative assistants......... 454
                88b.      Education of other minors who are
                              Senate employees.................. 456
                88b-1.    Congressional pages................... 457
                88b-7.    Daniel Webster Senate Page Residence
                              Revolving Fund.................... 458
                88c-2.    Academic year and summer term for page
                              program........................... 459
                88c-3.    Service of page during academic year
                              and summer term; filling of
                              vacancies; eligibility............ 460
                88c-4.    Definitions........................... 461
                92a.      Pay of clerical assistants as affected
                              by death of Senator or
                              Representative.................... 462
                101.      Subletting duties of employees of
                              Senate or House................... 463
                102a.     Withdrawal of unexpended balances of
                              appropriations.................... 464
                104a.     Semiannual statements of expenditures
                              by Secretary of Senate and Chief
                              Administrative Officer of House... 465
                104d.     Notification of post-employment
                              restrictions...................... 466
                104f.     Notification of post-employment
                              restrictions...................... 467
                104g.     Senate privately paid travel public
                              website........................... 468
                105.      Preparation and contents of statement
                              of appropriations................. 469
                106.      Stationery for Senate; advertisements
                              for............................... 470
                107.      Opening bids for Senate and House
                              stationery; awarding contracts.... 471
                108.      Contracts for separate parts of Senate
                              stationery........................ 472
                109.      American goods to be preferred in
                              purchases for Senate and House.... 473
                110.      Purchase of paper, envelopes, etc.,
                              for stationery rooms of Senate and
                              House............................. 474

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                111.      Purchase of supplies for Senate and
                              House............................. 475
                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................... 476
                111b.     Contracts to furnish property,
                              supplies, or services to Congress;
                              terms varying from those offered
                              other entities of Federal
                              Government........................ 477
                112.      Purchases of stationery and materials
                              for folding....................... 478
                113.      Detailed reports of receipts and
                              expenditures by Secretary of
                              Senate and Chief Administrative
                              Officer of House.................. 479
                114.      Fees for copies from Senate journals.. 480
                117.      Sale of waste paper and condemned
                              furniture......................... 481
                117b.     Disposal of used or surplus furniture
                              and equipment by Sergeant at Arms
                              and Doorkeeper of Senate;
                              procedure; deposit of receipts.... 482
                117b-1.   Receipts from sale of used or surplus
                              furniture and furnishings of
                              Senate............................ 483
                117b-2.   Transfer of excess or surplus
                              educationally useful equipment to
                              public schools.................... 484
                117c.     Disposal of used or surplus
                              automobiles and trucks by Sergeant
                              at Arms and Doorkeeper of Senate;
                              procedure; deposit of receipts.... 485
                117d.     Reimbursements to Sergeant at Arms and
                              Doorkeeper of Senate for equipment
                              provided to Senators, etc., which
                              has been lost, stolen, damaged, or
                              otherwise unaccounted for; deposit
                              of receipts....................... 486
                118.      Actions against officers for official
                              acts.............................. 487
                118a.     Officers of Senate.................... 488
                119.      Stationery rooms of House and Senate;
                              specifications of classes of
                              articles purchasable.............. 489
                121.      Senate restaurant deficit fund;
                              deposit of proceeds from surcharge
                              on orders......................... 490
                121b-1.   Senate Hair Care Services; personnel;
                              Revolving Fund.................... 491
                121c.     Office of Senate Health Promotion..... 492
                121d.     Senate Gift Shop...................... 493
                121e.     Payment of fees for services of
                              Attending Physician and for use of
                              Senate health and fitness
                              facilities........................ 494
                121f.     Senate Health and Fitness Facility
                              revolving fund.................... 495
                121g.     Authority of Attending Physician in
                              response to medical contingencies
                              or public health emergencies at
                              Capitol........................... 496
                123b.     House Recording Studio; Senate
                              Recording Studio and Senate
                              Photographic Studio............... 497
                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.......................... 498

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                123c.     Data processing equipment, software,
                              and services...................... 499
                123c-1.   Advance payments for computer
                              programing services............... 500
                123d.     Senate Computer Center................ 501
                123e.     Senate legislative information system. 502
                125a.     Death gratuity payments as gifts...... 503
                126-2.    Designation of reporters.............. 504
                126b.     Substitute reporters of debates and
                              expert transcribers; temporary
                              reporters of debates and expert
                              transcribers; payments from Senate
                              contingent fund................... 505
                130a.     Nonpay status for Congressional
                              employees studying under
                              Congressional staff fellowships... 506
                130b.     Jury and witness service by Senate and
                              House employees................... 507
                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............................ 508
                130e.     Office of Congressional Accessibility
                              Services.......................... 509
                130g.     Emergency situations; provisions of
                              facilities, equipment, supplies,
                              personnel, and other support
                              services for use of Senate........ 510

                               Chapter 5.--Library of Congress

                131.      Collections composing Library;
                              location.......................... 511
                132.      Departments of Library................ 512
                132a.     Appropriations for increase of general
                              library........................... 513
                132b.     Joint Committee on the Library........ 514
                133.      Joint Committee during recess of
                              Congress.......................... 515
                136.      Librarian of Congress; appointment;
                              rules and regulations............. 516
                136a-2.   Librarian of Congress and Deputy
                              Librarian of Congress;
                              compensation...................... 517
                138.      Law library; hours kept open.......... 518
                141a.     Design, installation and maintenance
                              of security systems; transfer of
                              responsibility.................... 520
                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.... 521
                145.      Copies of journals and documents...... 522
                145a.     Periodical binding of printed hearings
                              of committee testimony............ 523
                146.      Deposit of Journals of Senate and
                              House............................. 524
                154.      Library of Congress Trust Fund Board;
                              members; quorum; seal; rules and
                              regulations....................... 525
                156.      Gifts, etc., to Library of Congress
                              Trust Fund Board.................. 526

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                157.      Funds of Library of Congress Trust
                              Fund Board; management of......... 527
                158.      Deposits by Library of Congress Trust
                              Fund Board with Treasurer of
                              United States..................... 528
                158a.     Temporary possession of gifts of money
                              or securities to Library of
                              Congress; investment.............. 529
                159.      Perpetual succession and suits by or
                              against Library of Congress Trust
                              Fund Board........................ 530
                160.      Disbursement of gifts, etc., to
                              Library........................... 531
                161.      Tax exemption of gifts, etc., to
                              Library of Congress............... 532
                166.      Congressional Research Service........ 533
                181       Program for exchange of information
                              among legislative branch agencies. 534

                     Chapter 6.--Congressional and Committee Procedure:
                                       Investigations

                190l.     Private claims pending before
                              Congress; taking of testimony..... 535
                190m.     Subpoena for taking testimony;
                              compensation of officers and
                              witnesses; return of depositions.. 536
                191.      Oaths to witnesses.................... 537
                192.      Refusal of witness to testify or
                              produce papers.................... 538
                193.      Privilege of witnesses................ 539
                194.      Certification of failure to testify or
                              produce; grand jury action........ 540
                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.. 541
                195a.     Restriction on payment of witness fees
                              or travel and subsistence expenses
                              to persons subpoenaed by
                              Congressional committees.......... 543
                195b.     Fees for witnesses requested to appear
                              before Majority Policy Committee
                              or Minority Policy Committee...... 544
                196.      Senate resolutions for investigations;
                              limit of cost..................... 545
                198.      Adjournment........................... 546

                          Chapter 9.--Office of Legislative Counsel

                271.      Establishment......................... 548
                272.      Legislative Counsel................... 549
                273.      Compensation.......................... 550
                274.      Staff; office equipment and supplies.. 551
                275.      Functions............................. 552
                276.      Disbursement of appropriations........ 553
                276a.     Expenditures.......................... 554
                276b.     Travel and related expenses........... 555

                         Chapter 9D.--Office of Senate Legal Counsel

                288.      Office of Senate Legal Counsel........ 556

    [[Page 250]]

                288a.     Senate Joint Leadership Group......... 557
                288b.     Requirements for authorizing
                              representation activity........... 558
                288c.     Defending the Senate, committee,
                              subcommittee, member, officer, or
                              employee of Senate................ 559
                288d.     Enforcement of Senate subpoena or
                              order............................. 560
                288e.     Intervention or appearance............ 561
                288f.     Immunity proceedings.................. 562
                288g.     Advisory and other functions.......... 563
                288h.     Defense of certain constitutional
                              powers............................ 564
                288i.     Representation conflict or
                              inconsistency..................... 565
                288j.     Consideration of resolutions to direct
                              counsel........................... 566
                288k.     Attorney General relieved of
                              responsibility.................... 567
                288l.     Procedural provisions................. 568
                288m.     Contingent fund....................... 569
                288n.     Travel and related expenses........... 570

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

                351.      Establishment......................... 571
                352.      Membership............................ 572
                353.      Executive Director; additional
                              personnel; detail of personnel of
                              other agencies.................... 573
                354.      Use of United States mails............ 574
                355.      Administrative support services....... 575
                356.      Functions............................. 576
                357.      Report by Commission to President with
                              respect to pay.................... 577
                358.      Recommendations of President with
                              respect to pay.................... 578
                359.      Effective date of recommendations of
                              President......................... 579
                360.      Effect of recommendations on existing
                              law and prior recommendations..... 580
                361.      Publication of recommendations........ 581
                362.      Requirements applicable to
                              recommendations................... 582
                363.      Additional function................... 583
                364.      Provision relating to certain other
                              pay adjustments................... 584

                           Chapter 14.--Federal Election Campaigns

                     subchapter i.--disclosure of federal campaign funds

                431.      Definitions........................... 586
                432.      Organization of political committees.. 587
                433.      Registration of political committees.. 588
                434.      Reporting requirements................ 589
                437.      Reports on convention financing....... 592
                437c.     Federal Election Commission........... 595
                437d.     Powers of Commission.................. 596
                437f.     Advisory opinions..................... 598
                437g.     Enforcement........................... 599
                437h.     Judicial review....................... 600
                438.      Administrative provisions............. 601

    [[Page 251]]

                439.      Statements filed with State officers;
                              ``appropriate State'' defined;
                              duties of State officers; waiver
                              of duplicate filing requirement
                              for States with electronic access. 602
                439a.     Use of contributed amounts for certain
                              purposes.......................... 603
                441a.     Limitations on contributions and
                              expenditures...................... 607
                441b.     Contributions or expenditures by
                              national banks, corporations, or
                              labor organizations............... 608
                441c.     Contributions by government
                              contractors....................... 609
                441d.     Publication and distribution of
                              statements and solicitations;
                              charge for newspaper or magazine
                              space............................. 610
                441e.     Contributions and donations by foreign
                              nationals......................... 611
                441f.     Contributions in name of another
                              prohibited........................ 612
                441g.     Limitation on contribution of currency 613
                441h.     Fraudulent misrepresentation of
                              campaign authority................ 614
                441i.     Soft money of political parties....... 615
                441k.     Prohibition of contribution by minors. 617
                442.      Authority to procure technical support
                              and other services and incur
                              travel expenses; payment of such
                              expenses.......................... 618

                             subchapter ii.--general provisions

                451.      Extension of credit by regulated
                              industries; regulations........... 619
                452.      Prohibition against use of certain
                              Federal funds for election
                              activities........................ 620
                453.      State laws affected................... 621
                454.      Partial invalidity.................... 622
                455.      Period of limitations................. 623

                        Chapter 15.--Office of Technology Assessment

                471.      Congressional findings and declaration
                              of purpose........................ 625
                472.      Office of Technology Assessment....... 626
                473.      Technology Assessment Board........... 627
                474.      Director of Office of Technology
                              Assessment........................ 628
                475.      Powers of Office of Technology
                              Assessment........................ 629
                476.      Technology Assessment Advisory Council 630
                477.      Utilization of services of Library of
                              Congress.......................... 631
                478.      Utilization of services of Government
                              Accountability Office............. 632
                479.      Coordination of activities with
                              National Science Foundation....... 633
                481.      Authorization of appropriations;
                              availability of appropriations.... 635

                        Chapter 16.--Congressional Mailing Standards

                502.      Select Committee on Standards and
                              Conduct of the Senate............. 636

                          Chapter 17.--Congressional Budget Office

                601.      Establishment......................... 637

    [[Page 252]]

                602.      Duties and functions.................. 638
                603.      Public access to budget data.......... 639
                605.      Sale or lease of property, supplies,
                              or services....................... 641
                606.      Disposition of surplus or obsolete
                              personal property................. 642
                607.      Lump-sum payments to separated
                              employees for unused annual leave. 643
                608.      Lump-sum payments to enhance staff
                              recruitment and to reward
                              exceptional performance........... 644
                610.      Repayment of student loan on behalf of
                              employee.......................... 645

                  Chapter 17A.--Congressional Budget and Fiscal Operations

                621.      Congressional declaration of purpose.. 646
                622.      Definitions........................... 647
                623.      Continuing study of additional budget
                              reform proposals.................. 648

                         subchapter i.--congressional budget process

                631.      Timetable............................. 649
                632.      Annual adoption of concurrent
                              resolution on the budget.......... 650
                633.      Committee allocations................. 651
                634.      Concurrent resolution on the budget
                              must be adopted before budget-
                              related legislation is considered. 652
                635.      Permissible revisions of concurrent
                              resolutions on the budget......... 653
                636.      Provisions relating to consideration
                              of concurrent resolutions on the
                              budget............................ 654
                637.      Legislation dealing with Congressional
                              budget must be handled by Budget
                              Committees........................ 655
                638.      House committee action on all
                              appropriation bills to be
                              completed by June 10.............. 656
                639.      Reports, summaries, and projections of
                              Congressional budget actions...... 657
                640.      House approval of regular
                              appropriation bills............... 658
                641.      Reconciliation........................ 659
                642.      Budget-related legislation must be
                              within appropriate levels......... 660
                643.      Determinations and points of order.... 661
                644.      Extraneous matter in reconciliation
                              legislation....................... 662
                645.      Adjustments........................... 663
                645a.     Effect of adoption of a special order
                              of business in the House of
                              Representatives................... 664

                              subchapter ii.--fiscal procedures

                                 Part A.--General Provisions

                651.      Budget-related legislation not subject
                              to appropriations................. 665
                653.      Analysis by Congressional Budget
                              Office............................ 667
                654.      Study by Government Accountability
                              Office of forms of Federal
                              financial commitment not reviewed
                              annually by Congress.............. 668

    [[Page 253]]

                655.      Off-budget agencies, programs, and
                              activities........................ 669
                656.      Member User Group..................... 670

                                  Part B.--Federal Mandates

                658.      Definitions........................... 671
                658a.     Exclusions............................ 672
                658b.     Duties of congressional committees.... 673
                658c.     Duties of the Director; statements on
                              bills and joint resolutions other
                              than appropriations bills and
                              joint resolutions................. 674
                658d.     Legislation subject to point of order. 675
                658e.     Provisions relating to the House of
                              Representatives................... 676
                658f.     Requests to the Congressional Budget
                              Office from Senators.............. 677
                658g.     Clarification of application.......... 678

                               subchapter iii.--credit reform

                661.      Purposes.............................. 679
                661a.     Definitions........................... 680
                661b.     OMB and CBO analysis, coordination,
                              and review........................ 681
                661c.     Budgetary treatment................... 682
                661d.     Authorizations........................ 683
                661e.     Treatment of deposit insurance and
                              agencies and other insurance
                              programs.......................... 684
                661f.     Effect on other laws.................. 685

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

                              subchapter i.--general provisions

                681.      Disclaimer............................ 692

                  subchapter ii.--congressional consideration of proposed
                rescissions, reservations, and deferrals of budget authority

                682.      Definitions........................... 693
                683.      Rescission of budget authority........ 694
                684.      Proposed deferrals of budget authority 695
                685.      Transmission of messages; publication. 696
                686.      Reports by Comptroller General........ 697
                687.      Suits by Comptroller General.......... 698
                688.      Procedure in House of Representatives
                              and Senate........................ 699

                          subchapter iii.--line item veto [omitted]

                          Chapter 19.--Congressional Award Program

                         subchapter i.--congressional award program

                801.      Establishment, etc., of Congressional
                              Award Board....................... 701
                802.      Program............................... 702
                803.      Board organization.................... 703
                804.      Administration........................ 704
                805.      Regional award directors of program;
                              appointment criteria.............. 705

    [[Page 254]]

                806.      Powers, functions, and limitations.... 706
                807.      Audits and evaluation................. 707
                808.      Termination........................... 708

                subchapter ii.--congressional recognition for excellence in
                                       arts education

                811.      Findings.............................. 709
                812.      Definitions........................... 710
                813.      Establishment of Board................ 711
                814.      Board duties.......................... 712
                815.      Composition of board; advisory board.. 713
                816.      Administration........................ 714
                817.      Limitations........................... 715
                817a.     Audits................................ 716
                817b.     Termination........................... 717
                817c.     Trust fund............................ 718

                    Chapter 19A.--John Heinz Competitive Excellence Award

                831.      John Heinz Competitive Excellence
                              Award............................. 719

                 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; definitions 720
                901.      Enforcing discretionary spending
                              limits............................ 721
                902.      Enforcing pay-as-you-go............... 723
                903.      Enforcing deficit targets............. 724
                904.      Reports and orders.................... 725
                905.      Exempt programs and activities........ 726
                906.      General and special sequestration
                              rules............................. 727
                907.      The baseline.......................... 728
                907a.     Suspension in event of war or low
                              growth............................ 729
                907b.     Modification of Presidential order.... 730
                907c.     Flexibility among defense programs,
                              projects, and activities.......... 731
                907d.     Special reconciliation process........ 732

                            subchapter ii.--operation and review

                922.      Judicial review....................... 735
                933.      PAYGO estimates and PAYGO scorecards.. 736
                939.      Limitation on changes to the Social
                              Security Act...................... 737

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

                1101.     Congressional findings................ 738
                1102.     Definitions........................... 739
                1103.     Establishment of the John C. Stennis
                              Center for Public Service Training
                              and Development................... 740
                1104.     Purposes and authority of the Center.. 741
                1105.     John C. Stennis Center for Public
                              Service Development Trust Fund.... 742

    [[Page 255]]

                1106.     Expenditures and audit of Trust Fund.. 743
                1107.     Executive Director of Center.......... 744
                1108.     Administrative provisions............. 745
                1109.     Authorization for appropriations...... 746
                1110.     Appropriations........................ 747

                   Chapter 22A.--Center for Russian Leadership Development

                1151.     Open World Leadership Center.......... 748

                           Chapter 22B.--Hunger Fellowship Program

                1161.     Hunger Fellowship Program............. 749

                          Chapter 24.--Congressional Accountability

                                   subchapter i.--general

                1301.     Definitions........................... 750
                1302.     Application of laws................... 751

                     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.......... 752
                1312.     Rights and protections under the
                              Family and Medical Leave Act of
                              1993.............................. 753
                1313.     Rights and protections under the Fair
                              Labor Standards Act of 1938....... 754
                1314.     Rights and protections under the
                              Employee Polygraph Protection Act
                              of 1988........................... 755
                1315.     Rights and protections under the
                              Worker Adjustment and Retraining
                              Notification Act.................. 756
                1316.     Rights and protections relating to
                              veterans' employment and
                              reemployment...................... 757
                1316a.    Legislative branch appointments....... 758
                1317.     Prohibition of intimidation or
                              reprisal.......................... 759

                   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.............. 760

                     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........................ 761

    [[Page 256]]

                             Part D.--Labor-Management Relations

                1351.     Application of chapter 71 of Title 5,
                              relating to Federal service labor-
                              management relations; procedures
                              for remedy of violations.......... 762

                                      Part E.--General

                1361.     Generally applicable remedies and
                              limitations....................... 763

                                       Part F.--Study

                1371.     Study and recommendations regarding
                              Government Accountability Office,
                              Government Printing Office, and
                              Library of Congress............... 764

                            subchapter iii.--office of compliance

                1381.     Establishment of Office of Compliance. 765
                1382.     Officers, staff, and other personnel.. 766
                1383.     Procedural rules...................... 767
                1384.     Substantive regulations............... 768
                1385.     Expenses.............................. 769
                1386.     Disposition of surplus or obsolete
                              personal property................. 770

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

                1401.     Procedure for consideration of alleged
                              violations........................ 771
                1402.     Counseling............................ 772
                1403.     Mediation............................. 773
                1404.     Election of proceeding................ 774
                1405.     Complaint and hearing................. 775
                1406.     Appeal to the Board................... 776
                1407.     Judicial review of Board decisions and
                              enforcement....................... 777
                1408.     Civil action.......................... 778
                1409.     Judicial review of regulations........ 779
                1410.     Other judicial review prohibited...... 780
                1411.     Effect of failure to issue regulations 781
                1412.     Expedited review of certain appeals... 782
                1413.     Privileges and immunities............. 783
                1414.     Settlement of complaints.............. 784
                1415.     Payments.............................. 785
                1416.     Confidentiality....................... 786

                           subchapter v.--miscellaneous provisions

                1431.     Exercise of rulemaking powers......... 787
                1432.     Political affiliation and place of
                              residence......................... 788
                1433.     Nondiscrimination rules of the House
                              and Senate........................ 789
                1434.     Judicial branch coverage study........ 790
                1435.     Savings provisions.................... 791
                1437.     Sense of Senate regarding adoption of
                              simplified and streamlined
                              acquisition procedures for Senate
                              acquisitions...................... 793
                1438.     Severability.......................... 794

                            Chapter 25.--Unfunded Mandates Reform

                1501.     Purposes.............................. 795

    [[Page 257]]

                1502.     Definitions........................... 796
                1503.     Exclusions............................ 797
                1504.     Agency assistance..................... 798

                    subchapter i.--legislative accountability and reform

                1511.     Cost of regulations................... 799
                1512.     Consideration for Federal funding..... 800
                1513.     Impact on local governments........... 801
                1514.     Enforcement in the House of
                              Representatives................... 802
                1515.     Exercise of rulemaking powers......... 803
                1516.     Authorization of appropriations....... 804

                    subchapter ii.--regulatory accountability and reform

                1531.     Regulatory process.................... 805
                1532.     Statements to accompany significant
                              regulatory actions................ 806
                1533.     Small government agency plan.......... 807
                1534.     State, local, and tribal government
                              input............................. 808
                1535.     Least burdensome option or explanation
                              required.......................... 809
                1536.     Assistance to the Congressional Budget
                              Office............................ 810
                1537.     Pilot program on small government
                              flexibility....................... 811
                1538.     Annual statements to Congress on
                              agency compliance................. 812

                         subchapter iii.--review of federal mandates

                1551.     Baseline study of costs and benefits.. 813
                1552.     Report on Federal mandates by Advisory
                              Commission on Intergovernmental
                              Relations......................... 814
                1553.     Special authorities of Advisory
                              Commission........................ 815
                1554.     Annual report to Congress regarding
                              Federal court rulings............. 816
                1555.     Definition............................ 817
                1556.     Authorization of appropriations....... 818

                               subchapter iv.--judicial review

                1571.     Judicial review....................... 819

                       Chapter 26.--Disclosure of Lobbying Activities

                1601.     Findings.............................. 820
                1602.     Definitions........................... 821
                1603.     Registration of lobbyists............. 822
                1604.     Reports by registered lobbyists....... 823
                1605.     Disclosure and enforcement............ 824
                1606.     Penalties............................. 825
                1607.     Rules of construction................. 826
                1608.     Severability.......................... 827
                1609.     Identification of clients and covered
                              officials......................... 828
                1610.     Estimates based on tax reporting
                              system............................ 829
                1611.     Exempt organizations.................. 830
                1612.     Sense of the Senate that lobbying
                              expenses should remain
                              nondeductible..................... 831
                1613.     Prohibition on provision of gifts or
                              travel by registered lobbyists to
                              Members of Congress and to
                              congressional employees........... 832

    [[Page 258]]

                1614.     Annual audits and reports by
                              Comptroller General............... 833

                            Chapter 28.--Architect of the Capitol

                                   subchapter i.--general

                1801.     Appointment of Architect of the
                              Capitol........................... 834
                1802.     Compensation of Architect of the
                              Capitol........................... 835
                1803.     Delegation of authority by Architect
                              of the Capitol.................... 836
                1804.     Deputy Architect of the Capitol to act
                              in case of absence, disability, or
                              vacancy........................... 837
                1805.     Deputy Architect of the Capitol/Chief
                              Operating Officer................. 838
                1806.     Chief Executive Officer for Visitor
                              Services.......................... 839
                1807.     Assistant to the Chief Executive
                              Officer for Visitor Services...... 840
                1808.     Inspector General of the Architect of
                              the Capitol....................... 841

                              subchapter ii.--powers and duties

                1811.     Powers and duties..................... 842
                1812.     Care and superintendence of Capitol... 843
                1813.     Exterior of Capitol................... 844
                1814.     Repairs of Capitol.................... 845
                1816.     Construction contracts................ 846
                1816a.    Design-build contracts................ 847
                1817.     Transfer of discontinued apparatus to
                              other branches.................... 848
                1817a.    Disposition of surplus or obsolete
                              personal property................. 849
                1818.     Rental or lease of storage space...... 850
                1819.     Computer backup facilities for
                              legislative offices............... 851
                1820.     Acquisition of real property for
                              Capitol Police.................... 852
                1821.     Small purchase contracting authority.. 853
                1822.     Leasing of space...................... 854
                1823.     Acquisition of real property for
                              Sergeant at Arms and Doorkeeper of
                              Senate............................ 855
                1823a.    Acquisition of real property by lease
                              for use of Library of Congress.... 856
                1824.     Energy and environmental measures in
                              Capitol Complex Master Plan....... 857
                1825.     CVC maintenance....................... 858
                1826.     Easements for rights-of-way........... 859
                1827.     Support and maintenance during
                              emergencies....................... 860

                                 subchapter iii.--personnel

                                      Part A.--General

                1831.     Human resources program............... 861
                1832.     Assignment and reassignment of
                              personnel by Architect of the
                              Capitol for personal services..... 862
                1834.     Heating and ventilating Senate wing... 863

                                    Part B.--Compensation

                1841.     Single per annum gross rates of pay... 864

    [[Page 259]]

                1846.     Exemptions............................ 865
                1847.     Authorization to fix basic rate of
                              compensation for certain positions 866
                1848.     Compensation of certain positions in
                              Office of Architect of the Capitol 867
                1849.     Compensation of certain positions
                              under jurisdiction of Architect of
                              Capitol........................... 868
                1850.     Compensation of registered nurses..... 869

                       subchapter iv.--appropriations and expenditures

                1861.     Appropriations under control of
                              Architect of the Capitol.......... 870
                1862.     Transfer of funds..................... 871
                1865.     Capitol Police Buildings and Grounds
                              account........................... 872
                1866.     Certification of vouchers............. 873
                1868.     Semiannual compilation and report of
                              expenditures...................... 874
                1869.     Advance payments...................... 875

                                 Chapter 29.--Capitol Police

                       subchapter i.--organization and administration

                                      Part A.--General

                1901.     Establishment; officer appointments... 876
                1903.     Chief Administrative Officer.......... 877
                1906.     Disposal of surplus property.......... 878
                1908.     Legal representation authority........ 879
                1909.     Inspector General for the United
                              States Capitol Police............. 880
                1910.     Report of disbursements............... 881

                      Part B.--Compensation and Other Personnel Matters

                1922.     Unified payroll administration........ 883
                1926.     Educational assistance program for
                              employees......................... 885
                1927.     Bonuses, retention allowances, and
                              additional compensation........... 886
                1928.     Suspension............................ 887
                1929.     Pay of members under suspension....... 888
                1930.     Applicable pay upon appointment....... 889
                1931.     Additional compensation for employees
                              with specialty assignments and
                              proficiencies..................... 890
                1932.     Application of premium pay limits on
                              annualized basis.................. 891

                                 Part C.--Uniforms and Arms

                1941.     Uniform............................... 892
                1943.     Uniform; at whose expense............. 893
                1944.     Wearing uniform on duty............... 894

                     Part D.--United States Capitol Police Memorial Fund

                1951.     Establishment of United States Capitol
                              Police Memorial Fund.............. 895
                1952.     Payments from Fund for Families of
                              Detective Gibson and Private First
                              Class Chestnut.................... 896
                1954.     Administration by Capitol Police Board 897

    [[Page 260]]

                              subchapter ii.--powers and duties

                1961.     Policing of Capitol buildings and
                              grounds........................... 898
                1962.     Detail of police...................... 899
                1963.     Protection of grounds................. 900
                1966.     Protection of Members of Congress,
                              officers of Congress, and members
                              of their families................. 901
                1967.     Law enforcement authority............. 902
                1969.     Regulation of traffic by Capitol
                              Police Board...................... 903
                1970.     Assistance by Executive departments
                              and agencies...................... 904
                1971.     Contributions of meals and
                              refreshments during emergency duty 905
                1972.     Contributions of comfort and
                              incidental items and services
                              during emergency duty............. 906
                1973.     Support and maintenance expenditures
                              during emergency duty............. 907
                1974.     Capitol Police special officers....... 908
                1975.     Overseas travel....................... 909
                1976.     Acceptance of donations of animals.... 910
                1977.     Settlement and payment of tort claims. 911
                1978.     Deployment outside of jurisdiction.... 912
                1979.     Release of security information....... 913
                1980.     Mounted horse unit.................... 914
                1981.     Advance payments...................... 915

                  Chapter 30.--Operation and Maintenance of Capitol Complex

                                   subchapter ii.--senate

                2021.     Additional Senate office building..... 916
                2022.     Acquisition of buildings and
                              facilities for use in emergency
                              situation......................... 917
                2023.     Control, care, and supervision of
                              Senate Office Building............ 918
                2024.     Assignment of space in Senate Office
                              Building.......................... 919
                2025.     Senate garage......................... 920

                                subchapter iii.--restaurants

                2042.     Senate Restaurants; management by
                              Architect of the Capitol.......... 921
                2043.     Authorization and direction to
                              effectuate purposes of sections
                              2042 to 2047 of this title........ 922
                2044.     Special deposit account............... 923
                2045.     Deposits and disbursements under
                              special deposit account........... 924
                2046.     Bond of Architect, Assistant
                              Architect, and other employees.... 925
                2047.     Supersedure of prior provisions for
                              maintenance and operation of
                              Senate Restaurants................ 926
                2048.     Management personnel and miscellaneous
                              expenses; availability of
                              appropriations; annual and sick
                              leave............................. 927
                2049.     Loans for Senate Restaurants.......... 928

    [[Page 261]]

                                 subchapter iv.--child care

                2061.     Designation of play area on Capitol
                              Grounds for children attending day
                              care center....................... 929
                2063.     Senate Employee Child Care Center..... 930
                2064.     Senate Employee Child Care Center
                              employee benefits................. 931
                2065.     Reimbursement of Senate day care
                              center employees.................. 932

                    subchapter v.--historical preservation and fine arts

                   Part A.--United States Capitol Preservation Commission

                2081.     United States Capitol Preservation
                              Commission........................ 933
                2082.     Authority of Commission to accept
                              gifts and conduct other
                              transactions relating to works of
                              fine art and other property....... 934
                2083.     Capitol Preservation Fund............. 935
                2084.     Audits by the Comptroller General..... 936
                2085.     Advisory boards....................... 937
                2086.     Definition............................ 938

                              Part B.--Senate Commission on Art

                2101.     Senate Commission on Art.............. 939
                2102.     Duties of Commission.................. 940
                2103.     Supervision and maintenance of Old
                              Senate Chamber.................... 941
                2104.     Publication of lists of works of art,
                              historical objects, and exhibits.. 942
                2105.     Authorization of appropriations....... 943
                2107.     Conservation, restoration,
                              replication, or replacement of
                              items in United States Senate
                              collection........................ 945
                2108.     Provisions relating to Senate
                              Commission on Art................. 946

                                   Part D.--Miscellaneous

                2131.     National Statuary Hall................ 947
                2131a.    Eligibility for placement of statues
                              in National Statuary Hall......... 948
                2132.     Replacement of Statue in Statuary Hall 949
                2133.     Acceptance and supervision of works of
                              fine arts......................... 950
                2134.     Art exhibits.......................... 951
                2135.     Private studios and works of art...... 952

                     subchapter vi.--botanic garden and national garden

                2141.     Supervision of Botanic Garden......... 953
                2142.     Superintendent, etc., of Botanic
                              Garden and greenhouses............ 954
                2145.     Restriction on use of appropriation
                              for Botanic Garden................ 955
                2146.     National Garden....................... 956

                        subchapter vii.--other entities and services

                2161.     John W. McCormack Residential Page
                              School............................ 957

    [[Page 262]]

                2162a.    Promoting maximum efficiency in
                              operation of Capitol Power Plant.. 958
                2163.     Capitol Grounds shuttle service....... 959
                2165.     Capitol educational and informational
                              center and information and
                              distribution stations; operation
                              agreements........................ 960
                2166.     Capitol Guide Service................. 961
                2168.     Memorandum of understanding for
                              provision of services of the
                              United States Capitol telephone
                              exchange for the House............ 962

                               subchapter viii.--miscellaneous

                2181.     Assignment of space for meetings of
                              joint committees, conference
                              committees, etc................... 963
                2183.     Protection of buildings and property.. 964
                2184.     Purchase of furniture or carpets for
                              House or Senate................... 965

                            Chapter 31.--Capitol Visitors Center

                                  subchapter i.--in general

                2201.     Designation of facility as Capitol
                              Visitor Center; purposes of
                              facility; treatment of the Capitol
                              Visitor Center.................... 966
                2202.     Designation and naming within the
                              Capitol Visitor Center............ 967
                2203.     Use of the Emancipation Hall of the
                              Capitol Visitor Center............ 968

                    subchapter ii.--office of the capitol visitor center

                2211.     Establishment......................... 969
                2212.     Appointment and supervision of Chief
                              Executive Officer for Visitor
                              Services.......................... 970
                2213.     General duties of Chief Executive
                              Officer........................... 971
                2214.     Assistant to the Chief Executive
                              Officer........................... 972
                2215.     Gift shop............................. 973
                2216.     Food service operations............... 974

                   subchapter iii.--capitol visitor center revolving fund

                2231.     Establishment and accounts............ 975
                2232.     Deposits in the Fund.................. 976
                2233.     Use of monies......................... 977
                2234.     Administration of Fund................ 978

                    subchapter iv.--capitol guide service and office of
                            congressional accessibility services

                2241.     Transfer of Capitol Guide Service..... 979
                2242.     Duties of employees of Capitol Guide
                              Service........................... 980
                2251.     Office of Congressional Accessibility
                              Services.......................... 981
                2252.     Transfer from Capitol Guide Service... 982
                2261.     Transfer date......................... 983

                           subchapter v.--miscellaneous provisions

                2271.     Jurisdictions unaffected.............. 984

    [[Page 263]]

                2272.     Acceptance of volunteer services...... 985
                2273.     Coins treated as gifts................ 986

                       subchapter vi.--authorization of appropriations

                2281.     Authorization of appropriations....... 987

                                   TITLE 3.--THE PRESIDENT

                      Chapter 1.--Presidential Elections and Vacancies

                1.        Time of appointing electors........... 1100
                2.        Failure to make choice on prescribed
                              day............................... 1101
                3.        Number of electors.................... 1102
                4.        Vacancies in electoral college........ 1103
                5.        Determination of controversy as to
                              appointment of electors........... 1104
                6.        Credentials of electors; transmission
                              to Archivist of the United States
                              and to Congress; public inspection 1105
                7.        Meeting and vote of electors.......... 1106
                8.        Manner of voting...................... 1107
                9.        Certificates of votes for President
                              and Vice President................ 1108
                10.       Sealing and endorsing certificates.... 1109
                11.       Disposition of certificates........... 1110
                12.       Failure of certificates of electors to
                              reach President of Senate or
                              Archivist of the United States;
                              demand on State for certificate... 1111
                13.       Same; demand on district judge for
                              certificate....................... 1112
                14.       Forfeiture for messenger's neglect of
                              duty.............................. 1113
                15.       Counting electoral votes in Congress.. 1114
                16.       Same; seats for officers and Members
                              of two Houses in joint meeting.... 1115
                17.       Same; limit of debate in each House... 1116
                18.       Same; parliamentary procedure at joint
                              meeting........................... 1117
                19.       Vacancy in offices of both President
                              and Vice President; officers
                              eligible to act................... 1118
                20.       Resignation or refusal of office...... 1119
                21.       Definitions........................... 1120

                      Chapter 2.--Office and Compensation of President

                101.      Commencement of term of office........ 1121
                104.      Salary of the Vice President.......... 1122
                111.      Expense allowance of Vice President... 1123

                 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............. 1130

                       TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES

                    Chapter 8.--Congressional Review of Agency Rulemaking

                801.      Congressional review.................. 1140

    [[Page 264]]

                802.      Congressional disapproval procedure... 1141
                803.      Special rule on statutory, regulatory,
                              and judicial deadlines............ 1142
                804.      Definitions........................... 1143
                805.      Judicial review....................... 1144
                806.      Applicability; severability........... 1145
                807.      Exemption for monetary policy......... 1146
                808.      Effective date of certain rules....... 1147

                                  Chapter 21.--Definitions

                2106.     Member of Congress.................... 1148
                2107.     Congressional employee................ 1149

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

                       subchapter i.--commissions, oaths, and records

                2905.     Oath; renewal......................... 1150

                                   subchapter ii.--reports

                2954.     Information to committees of Congress
                              on request........................ 1151

                            Chapter 31.--Authority For Employment

                3110.     Employment of relatives; restrictions. 1152

                     Chapter 33.--Examination, Selection, and Placement

                               subchapter ii.--oath of office

                3333.     Employee affidavit; loyalty and
                              striking against the Government... 1153

                               Chapter 55.--Pay Administration

                              subchapter i.--general provisions

                5503.     Recess appointments................... 1154
                5520a.    Garnishment of pay.................... 1155

                        subchapter iv.--dual pay and dual employment

                5531.     Definitions........................... 1156
                5533.     Dual pay from more than one position;
                              limitations; exceptions........... 1158

                    Chapter 57.--Travel, Transportation, and Subsistence

                  subchapter i.--travel and subsistence expenses, mileage
                                         allowances

                5702.     Per diem; employees traveling on
                              official business................. 1159
                5704.     Mileage and related allowances........ 1160
                5706.     Allowable travel expenses............. 1161
                5708.     Effect on other statutes.............. 1162

                subchapter iii.--transportation of remains, dependents, and
                                           effects

                5742.     Transportation of remains, dependents,
                              and effects; death occurring away
                              from official station or abroad... 1163
                5751.     Travel expenses of witnesses.......... 1164

    [[Page 265]]

                       Chapter 73.--Suitability, Security, and Conduct

                           subchapter ii.--employment limitations

                7311.     Loyalty and striking.................. 1165

                        subchapter iv.--foreign gifts and decorations

                7342.     Receipt and disposition of foreign
                              gifts and decorations............. 1166
                          Chapter 81.--Compensation for Work
                              Injuries.......................... 1167

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

                          Chapters 83 and 84.--Retirement....... 1168

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

                          Chapter 87.--Life Insurance........... 1169

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

                          Chapter 89.--Health Insurance......... 1170

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

                                     TITLE 5.--Appendix

                          Federal Advisory Committee Act........ 1171

                                     TITLE 5.--Appendix

                              Ethics in Government Act of 1978

                   Title I--Financial Disclosure Requirements of Federal
                                          Personnel

                101.      Persons required to file.............. 1172
                102.      Contents of reports................... 1173
                103.      Filing of reports..................... 1174
                104.      Failure to file or filing false
                              reports........................... 1175
                105.      Custody of and public access to
                              reports........................... 1176
                106.      Review of reports..................... 1177
                107.      Confidential reports and other
                              additional requirements........... 1178
                108.      Authority of Comptroller General...... 1179
                109.      Definitions........................... 1180
                110.      Notice of actions taken to comply with
                              ethics agreements................. 1181
                111.      Administration of provisions.......... 1182

                   Title V--Government-wide Limitations on Outside Earned
                                    Income and Employment

                501.      Outside earned income limitation...... 1184
                502.      Limitations on outside employment..... 1185
                503.      Administration........................ 1186
                504.      Civil penalties....................... 1187
                505.      Definitions........................... 1188

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--Department of Defense

                114.      Annual authorization of appropriations 1200

    [[Page 266]]

                115.      Personnel strengths: requirement for
                              annual authorization.............. 1201
                115a.     Annual manpower requirements report... 1202
                116.      Annual operations and maintenance
                              report............................ 1203
                119.      Special access programs: congressional
                              oversight......................... 1204

                             Chapter 9.--Defense Budget Matters

                221.      Future-years defense program:
                              submission to Congress;
                              consistency in budgeting.......... 1205
                222.      Future-years mission budget........... 1206
                226.      Scoring of outlays.................... 1207

                        Chapter 403.--United States Military Academy

                4342.     Cadets: appointment; numbers,
                              territorial distribution.......... 1208
                4355.     Board of Visitors..................... 1209

                   Chapter 443.--Disposal of Obsolete or Surplus Material

                4689.     Transfer of material and equipment to
                              Architect of the Capitol.......... 1210

                          Chapter 603.--United States Naval Academy

                6954.     Midshipmen: number.................... 1211
                6956.     Midshipmen: nomination and selection
                              to fill vacancies................. 1212
                6968.     Board of Visitors..................... 1213

                        Chapter 903.--United States Air Force Academy

                9342.     Cadets: appointment; numbers,
                              territorial distribution.......... 1214
                9355.     Board of Visitors..................... 1215

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

                10541.    National Guard and reserve component
                              equipment; annual report to
                              Congress.......................... 1216

                                TITLE 12.--BANKS AND BANKING

                             Chapter 3.--Federal Reserve System

                subchapter vii--directors of federal reserve banks; reserve
                                    agents and assistants

                303.      Qualifications and disabilities....... 1220

                                   TITLE 14.--COAST GUARD

                               Chapter 9.--Coast Guard Academy

                194.      Annual Board of Visitors.............. 1225

    [[Page 267]]

                                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........... 1230
                1024.     Joint Economic Committee.............. 1231
                1025.     Printing of monthly publication by
                              Joint Economic Committee entitled
                              ``Economic Indicators'';
                              distribution...................... 1232

                          TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

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

                201.      Bribery of public officials and
                              witnesses......................... 1240
                202.      Definitions........................... 1241
                203.      Compensation to Members of Congress,
                              officers, and others in matters
                              affecting the Government.......... 1242
                204.      Practice in U.S. Court of Federal
                              Claims or U.S. Court of Appeals
                              for the Federal Circuit by Members
                              of Congress....................... 1243
                205.      Activities of officers and employees
                              in claims against and other
                              matters affecting the Government.. 1244
                207.      Restrictions on former officers,
                              employees, and elected officials
                              of the executive and legislative
                              branches.......................... 1245
                210.      Offer to procure appointive public
                              office............................ 1246
                211.      Acceptance or solicitation to obtain
                              appointive public office.......... 1247
                219.      Officers and employees acting as
                              agents of foreign principals...... 1248

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

                351.      Congressional, Cabinet, and Supreme
                              Court assassination, kidnapping,
                              and assault; penalties............ 1249

                                   Chapter 23.--Contracts

                431.      Contracts by Member of Congress....... 1250
                432.      Officer or employee contracting with
                              Member of Congress................ 1251
                433.      Exemptions with respect to certain
                              contracts......................... 1252

                       Chapter 29.--Elections and Political Activities

                594.      Intimidation of voters................ 1254
                595.      Interference by administrative
                              employees of Federal, State, or
                              Territorial Governments........... 1255
                597.      Expenditures to influence voting...... 1256
                598.      Coercion by means of relief
                              appropriations.................... 1257
                599.      Promise of appointment by candidate... 1258
                600.      Promise of employment or other benefit
                              for political activity............ 1259

    [[Page 268]]

                601.      Deprivation of employment or other
                              benefit for political contribution 1260
                602.      Solicitation of political
                              contributions..................... 1261
                603.      Making political contributions........ 1262
                604.      Solicitation from persons on relief... 1263
                605.      Disclosure of names of persons on
                              relief............................ 1264
                606.      Intimidation to secure political
                              contributions..................... 1265
                607.      Place of solicitation................. 1266

                          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,
                              the seal of the United States
                              Senate, the seal of the United
                              States House of Representatives,
                              and the seal of the United States
                              Congress.......................... 1267

                            Chapter 37.--Espionage and Censorship

                798.      Disclosure of classified information.. 1268

                             Chapter 73.--Obstruction of Justice

                1505.     Obstruction of proceedings before
                              departments, agencies, and
                              committees........................ 1269

                                 Chapter 83.--Postal Service

                1719.     Franking privilege.................... 1270

                         Chapter 93.--Public Officers and Employees

                1906.     Disclosure of information from a bank
                              examination report................ 1271
                1913.     Lobbying with appropriated moneys..... 1272
                1918.     Disloyalty and asserting the right to
                              strike against the Government..... 1273

                               Part V.--Immunity of Witnesses

                6001.     Definitions........................... 1274
                6002.     Immunity generally.................... 1275
                6005.     Congressional proceedings............. 1276

                                  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.......... 1300
                2192.     Resolutions disapproving certain
                              actions........................... 1301
                2193.     Resolutions relating to extension of
                              waiver authority under section 402
                              of the Trade Act of 1974.......... 1302
                2194.     Special rules relating to
                              Congressional procedures.......... 1303

    [[Page 269]]

                         Part 6.--Congressional Liaison and Reports

                2211.     Congressional advisers for trade
                              policy and negotiations........... 1304
                2212.     Transmission of agreements to Congress 1305
                2213.     Reports............................... 1306

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

                2241.     Estimates of barriers to market access 1307

                         Chapter 22.--Uruguay Round Trade Agreements

                3534.     Annual report on WTO.................. 1308
                3535.     Review of participation in WTO........ 1309

                      Chapter 24.--Bipartisan Trade Promotion Authority

                3803.     Trade agreements authority............ 1310
                3804.     Consultations and assessment.......... 1311
                3805.     Implementation of trade agreements.... 1312
                3806.     Treatment of certain trade agreements
                              for which negotiations have
                              already begun..................... 1313
                3807.     Congressional oversight group......... 1314
                3808.     Additional implementation and
                              enforcement requirements.......... 1315
                3811.     Report on impact of trade promotion
                              authority......................... 1316

                                    TITLE 20.--EDUCATION

                 Chapter 3.--Smithsonian Institution, National Museums and
                                        Art Galleries

                42.       Board of Regents; Members............. 1330
                43.       Appointment of regents; terms of
                              office; vacancies................. 1331
                76h.      Board of Trustees..................... 1332

                        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........................ 1350

                subchapter i.--canada-united states interparliamentary group

                276d.     United States group; appointment;
                              term; meeting..................... 1351
                276e.     Authorization of appropriations;
                              disbursements..................... 1352

                subchapter ii--mexico-united states interparliamentary group

                276h.     United States group; appointment;
                              term; meeting..................... 1353
                276i.     Authorization of appropriations;
                              disbursements..................... 1354

                 subchapter ii-a.--british-american interparliamentary group

                276l.     British-American Interparliamentary
                              Group............................. 1355

    [[Page 270]]

                subchapter ii-b.--united states delegation to parliamentary
                assembly of conference on security and cooperation in europe
                                           (csce)

                276m.     United States Delegation to
                              Parliamentary Assembly of
                              Conference on Security and
                              Cooperation in Europe (CSCE)...... 1356

                        subchapter ii-c.--united states senate-china
                                  interparliamentary group

                276n.     United States Senate-China
                              Interparliamentary Group.......... 1357

                       subchapter ii-d.--united states senate-russia
                                  interparliamentary group

                276o.     United States Senate-Russia
                              Interparliamentary Group.......... 1358

                            Chapter 24.--Mutual Security Program

                1754.     Foreign currencies.................... 1359
                1928a.    North Atlantic Treaty Parliamentary
                              Conference; participation;
                              appointment of United States Group 1360
                1928b.    Authorization of appropriations....... 1361

                              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............ 1375

                     Part VI.--Itemized Deductions for Individuals and
                                        Corporations

                162.      Trade or business expenses............ 1376

                             subchapter f.--exempt organizations

                              Part VI.--Political Organizations

                527.      Political organizations............... 1377

                 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......... 1378

                           subchapter p.--capital gains and losses

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

                1221.     Capital asset defined................. 1379

    [[Page 271]]

                          Subtitle F.--Procedure and Administration

                            Chapter 61.--Information and Returns

                             subchapter a.--returns and records

                6033.     Returns by exempt organizations....... 1380

                           subchapter b.--miscellaneous provisions

                6103.     Confidentiality and disclosure of
                              returns and return information.... 1381
                6104.     Publicity of information required from
                              certain exempt organizations and
                              certain trusts.................... 1382

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

                          subchapter a.--examination and inspection

                7608.     Authority of internal revenue
                              enforcement officers.............. 1383

                                  Chapter 79.--Definitions

                7701.     Definitions........................... 1384

                                 Chapter 80.--General Rules

                     subchapter a.--application of internal revenue laws

                7802.     Internal Revenue Service Oversight
                              Board............................. 1385
                7803.     Commissioner of Internal Revenue;
                              other officials................... 1386
                7805.     Rules and regulations................. 1387

                        Subtitle G.--The Joint Committee on Taxation

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

                8001.     Authorization......................... 1388
                8002.     Membership............................ 1389
                8003.     Election of chairman and vice chairman 1390
                8004.     Appointment and compensation of staff. 1391
                8005.     Payment of expenses................... 1392

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

                8021.     Powers................................ 1393
                8022.     Duties................................ 1394
                8023.     Additional powers to obtain data...... 1395

                  Subtitle H.--Financing of Presidential Election Campaigns

                      Chapter 95.--Presidential Election Campaign Fund

                9009.     Reports to Congress; regulations...... 1396

                 Chapter 96.--Presidential Primary Matching Payment Account

                9039.     Reports to Congress; regulations...... 1397

                                Subtitle I.--Trust Fund Code

                                Chapter 98.--Trust Fund Code

                              subchapter b.--general provisions

                9602.     Management of Trust Funds............. 1398

    [[Page 272]]

                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 31.--The Attorney General

                530D.     Report on enforcement of laws......... 1425

                         Chapter 85.--District Courts; Jurisdiction

                1365.     Senate actions........................ 1426

                     Chapter 91.--United States Court of Federal Claims

                1492.     Congressional reference cases......... 1427

                             Chapter 115.--Evidence; Documentary

                1736.     Congressional Journals................ 1428

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

                2509.     Congressional reference cases......... 1430

                                TITLE 31.--MONEY AND FINANCE

                            Chapter 7.--General Accounting Office

                701.      Definitions........................... 1450
                712.      Investigating the use of public money. 1451
                717.      Evaluating programs and activities of
                              the United States Government...... 1452
                718.      Availability of draft reports......... 1453
                719.      Comptroller General reports........... 1454
                720.      Agency reports........................ 1455
                734.      Assignments and details to Congress... 1456

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

                1101.     Definitions........................... 1457
                1102.     Fiscal year........................... 1458
                1103.     Budget ceiling........................ 1459
                1104.     Budget and appropriations authority of
                              the President..................... 1460
                1105.     Budget contents and submission to
                              Congress.......................... 1461
                1106.     Supplemental budget estimates and
                              changes........................... 1462
                1107.     Deficiency and supplemental
                              appropriations.................... 1463
                1108.     Preparation and submission of
                              appropriations requests to the
                              President......................... 1464
                1109.     Current programs and activities
                              estimates......................... 1465
                1110.     Year-ahead requests for authorizing
                              legislation....................... 1466
                1111.     Improving economy and efficiency...... 1467
                1112.     Fiscal, budget, and program
                              information....................... 1468
                1113.     Congressional information............. 1469
                1535.     Agency agreements..................... 1471

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

                                   subchapter 2.--payments

                3332.     Required direct deposit............... 1472

    [[Page 273]]

                                  TITLE 39.--POSTAL SERVICE

                                    Part IV.--Mail Matter

                            Chapter 32.--Penalty and Franked Mail

                3201.     Definitions........................... 1480
                3210.     Franked mail transmitted by the Vice
                              President, Members of Congress,
                              and congressional officials....... 1481
                3211.     Public documents...................... 1482
                3212.     Congressional Record under frank of
                              Members of Congress............... 1483
                3213.     Seeds and reports from Department of
                              Agriculture....................... 1484
                3215.     Lending or permitting use of frank
                              unlawful.......................... 1485
                3216.     Reimbursement for franked mailings.... 1486
                3218.     Franked mail for survivors of Members
                              of Congress....................... 1487
                3219.     Mailgrams............................. 1488
                ......    Domestic Mail Manual Provisions
                              Relating to the Congressional
                              franking privilege................ 1490

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

                  Subtitle I.--Federal Property and Administrative Services

                321.      Acquisition Services Fund............. 1500

                          Subtitle II.--Public Buildings and Works

                               Part B.--United States Capitol

                  Chapter 51.--United States Capitol Buildings and Grounds

                5101.     Definition............................ 1501
                5102.     Legal description and jurisdiction of
                              United States Capitol Grounds..... 1502
                5103.     Restrictions on public use of United
                              States Capitol Grounds............ 1503
                5104.     Unlawful activities................... 1504
                5105.     Assistance to authorities by Capitol
                              employees......................... 1505
                5106.     Suspension of prohibitions............ 1506
                5107.     Concerts on grounds................... 1507
                5108.     Audit of private organizations........ 1508
                5109.     Penalties............................. 1509

                             Part C.--Federal Building Complexes

                  Chapter 65.--Thurgood Marshall Federal Judiciary Building

                6501.     Definition............................ 1510
                6502.     Thurgood Marshall Federal Judiciary
                              Building.......................... 1511
                6503.     Commission for the Judiciary Office
                              Building.......................... 1512
                6504.     Lease of building..................... 1513
                6505.     Structural and mechanical care and
                              security.......................... 1514
                6506.     Allocation of space................... 1515
                6507.     Account in Treasury................... 1516

                 Chapter 89.--National Capital Memorials and Commemorative
                                            Works

                8901.     Purposes.............................. 1517

    [[Page 274]]

                8902.     Definitions and nonapplication........ 1518
                8903.     Congressional authorization of
                              commemorative works............... 1519
                8904.     National Capital Memorial Advisory
                              Commission........................ 1520
                8905.     Site and design approval.............. 1521
                8906.     Criteria for issuance of construction
                              permit............................ 1522
                8907.     Temporary site designation............ 1523
                8908      Areas I and II........................ 1524
                8909.     Administrative........................ 1525

                                 TITLE 41.--PUBLIC CONTRACTS

                               Chapter 1.--General Provisions

                6a-1.     Architect of the Capitol, exception
                              from advertisement requirements... 1550
                6a-2.     Architect of the Capitol, authority
                              for personal services contracts
                              with legal entities............... 1551
                22.       Interest of Member of Congress........ 1552

                          TITLE 42.--THE PUBLIC HEALTH AND WELFARE

                    Chapter 126.--Equal Opportunity for Individuals with
                                        Disabilities

                12209.    Instrumentalities of Congress......... 1575

                          TITLE 44.--PUBLIC PRINTING AND DOCUMENTS

                           Chapter 1.--Joint Committee on Printing

                101.      Joint Committee on Printing:
                              membership........................ 1600
                102.      Joint Committee on Printing:
                              succession; powers during recess.. 1601
                103.      Joint Committee on Printing: remedial
                              powers............................ 1602

                           Chapter 3.--Government Printing Office

                301.      Public Printer: appointment........... 1603
                302.      Deputy Public Printer: appointment;
                              duties............................ 1604
                303.      Public Printer and Deputy Public
                              Printer: pay...................... 1605
                304.      Public Printer: vacancy in office..... 1606
                305.      Public Printer: employees; pay........ 1607

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

                501.      Government printing, binding, and
                              blank-book work to be done at
                              Government Printing Office........ 1608
                502.      Procurement of printing, binding, and
                              blank-book work by Public Printer. 1609
                506.      Time for printing documents or reports
                              which include illustrations or
                              maps.............................. 1610
                507.      Orders for printing to be acted upon
                              within one year................... 1611
                508.      Annual estimates of quantity of paper
                              required for public printing and
                              binding........................... 1612

    [[Page 275]]

                       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...................... 1613
                702.      Extra copies of documents and reports. 1614
                703.      Printing extra copies................. 1615
                704.      Reprinting bills, laws, and reports
                              from committees not exceeding
                              fifty pages....................... 1616
                705.      Duplicate orders to print............. 1617
                706.      Bills and resolutions: number and
                              distribution...................... 1618
                707.      Bills and resolutions: style and form. 1619
                708.      Bills and resolutions: binding sets
                              for Congress...................... 1620
                709.      Public and private laws, postal
                              conventions, and treaties......... 1621
                711.      Printing Acts, joint resolutions, and
                              treaties.......................... 1622
                713.      Journals of Houses of Congress........ 1623
                714.      Printing documents for Congress in two
                              or more editions; printing of full
                              number and allotment of full quota 1624
                715.      Senate and House documents and reports
                              for Department of State........... 1625
                716.      Printing of documents not provided for
                              by law............................ 1626
                717.      Appropriation chargeable for printing
                              of document or report by order of
                              Congress.......................... 1627
                718.      Lapse of authority to print........... 1628
                719.      Classification and numbering of
                              publications ordered printed by
                              Congress; designation of
                              publications of departments;
                              printing of committee hearings.... 1629
                720.      Senate and House Manuals.............. 1630
                721.      Congressional Directory............... 1631
                722.      Congressional Directory: sale......... 1632
                723.      Memorial addresses: preparation;
                              distribution...................... 1633
                724.      Memorial addresses: illustrations..... 1634
                725.      Statement of appropriations; ``usual
                              number''.......................... 1635
                726.      Printing for committees of Congress... 1636
                727.      Committee reports: indexing and
                              binding........................... 1637
                728.      United States Statutes at Large:
                              distribution...................... 1638
                730.      Distribution of documents to Members
                              of Congress....................... 1639
                731.      Allotments of public documents printed
                              after expiration of terms of
                              Members of Congress; rights of
                              retiring Members to documents..... 1640
                732.      Time for distribution of documents by
                              Members of Congress extended...... 1641
                733.      Documents and reports ordered by
                              Members of Congress; franks and
                              envelopes for Members of Congress. 1642
                734.      Stationery and blank books for
                              Congress.......................... 1643
                735.      Binding for Senators.................. 1644
                736.      Binding at expense of Members of
                              Congress.......................... 1645

    [[Page 276]]

                737.      Binding for Senate library............ 1646
                738.      Binding of publications for
                              distribution to libraries......... 1647
                739.      Senate and House document rooms;
                              superintendents................... 1648
                740.      Senate Service Department and House
                              Publications Distribution Service;
                              superintendents................... 1649
                741.      Disposition of documents stored at
                              Capitol........................... 1650

                              Chapter 9.--Congressional Record

                901.      Congressional Record: arrangement,
                              style, contents, and indexes...... 1651
                902.      Congressional Record: indexes......... 1652
                903.      Congressional Record: daily and
                              permanent forms................... 1653
                904.      Congressional Record: maps; diagrams;
                              illustrations..................... 1654
                905.      Congressional Record: additional
                              insertions........................ 1655
                906.      Congressional Record: gratuitous
                              copies; delivery.................. 1656
                907.      Congressional Record: extracts for
                              Members of Congress; mailing
                              envelopes......................... 1657
                908.      Congressional Record: payment for
                              printing extracts or other
                              documents......................... 1658
                910.      Congressional Record: subscriptions;
                              sale of current, individual
                              numbers, and bound sets; postage
                              rate.............................. 1659

                  Chapter 11.--Executive and Judiciary Printing and Binding

                1104.     Restrictions on use of illustrations.. 1660

                        Chapter 13.--Particular Reports and Documents

                1301.     Agriculture, Department of: report of
                              Secretary......................... 1661
                1326.     Librarian of Congress: reports........ 1662
                1339.     Printing of the President's message... 1663

                   Chapter 17.--Distribution and Sale of Public Documents

                1705.     Printing additional copies for sale to
                              public; regulations............... 1664
                1706.     Printing and sale of extra copies of
                              documents......................... 1665
                1710.     Index of documents: number and
                              distribution...................... 1666
                1715.     Publications for department or officer
                              or for congressional committees... 1667
                1718.     Distribution of Government
                              publications to the Library of
                              Congress.......................... 1668
                1719.     International exchange of Government
                              publications...................... 1669

                           Chapter 19.--Depository Library Program

                1901.     Definition of Government publication.. 1670
                1902.     Availability of Government
                              publications through
                              Superintendent of Documents; lists
                              of publications not ordered from
                              Government Printing Office........ 1671

    [[Page 277]]

                1903.     Distribution of publications to
                              depositories; notice to Government
                              components; cost of printing and
                              binding........................... 1672
                1904.     Classified list of Government
                              publications for selection by
                              depositories...................... 1673
                1905.     Distribution to depositories;
                              designation of additional
                              libraries; justification;
                              authorization for certain
                              designations...................... 1674
                1906.     Land-grant colleges constituted
                              depositories...................... 1675
                1909.     Requirements of depository libraries;
                              reports on conditions;
                              investigations; termination;
                              replacement....................... 1676
                1910.     Designations of replacement
                              depositories; limitations on
                              numbers; conditions............... 1677
                1912.     Regional depositories; designation;
                              functions; disposal of
                              publications...................... 1678
                1914.     Implementation of depository library
                              program by Public Printer......... 1679
                1915.     Highest State appellate court
                              libraries as depository libraries. 1680
                1916.     Designation of libraries of accredited
                              law schools as depository
                              libraries......................... 1681

                  Chapter 21.--National Archives and Records Administration

                2112.     Presidential archival depository...... 1682
                2118.     Records of Congress................... 1683

                              Chapter 33.--Disposal of Records

                3303a.    Examination by Archivist of lists and
                              schedules of records lacking
                              preservation value; disposal of
                              records........................... 1684

                   Chapter 35.--Coordination of Federal Information Policy

                          subchapter i.--federal information policy

                3501.     Purposes.............................. 1685
                3503.     Office of Information and Regulatory
                              Affairs........................... 1686
                3505.     Assignment of tasks and deadlines..... 1687
                3514.     Responsiveness to Congress............ 1688
    [[Page 279]]

                                            [275]

                ____________________________________________________________

                  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 111th Congress,
                                         2d Session]

                ____________________________________________________________

                                TITLE 1.--GENERAL PROVISIONS

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

           275  Sec. 101. Enacting clause.
                    The enacting clause of all Acts of Congress shall be in
                the following form: ``Be it enacted by the Senate and House
                of Representatives of the United States of America in
                Congress assembled.'' (July 30, 1947, c. 388, 61 Stat. 634.)
           276  Sec. 102. Resolving clause.
                    The resolving clause of all joint resolutions shall be
                in the following form: ``Resolved by the Senate and House of
                Representatives of the United States of America in Congress
                assembled.'' (July 30, 1947, c. 388, 61 Stat. 634.)
           277  Sec. 103. Enacting or resolving words after first section.
                    No enacting or resolving words shall be used in any
                section of an Act or resolution of Congress except in the
                first. (July 30, 1947, c. 388, 61 Stat. 634.)
           278  Sec. 104. Numbering of sections; single proposition.
                    Each section shall be numbered, and shall contain, as
                nearly as may be, a single proposition of enactment. (July
                30, 1947, c. 388, 61 Stat. 634.)

    [[Page 280]]

           279  Sec. 105. Title of appropriation Acts.
                    The style and title of all Acts making appropriations
                for the support of Government shall be as follows: ``An Act
                making appropriations (here insert the object) for the year
                ending September 30 (here insert the calendar year).'' (July
                30, 1947, c. 388, 61 Stat. 634; July 12, 1974, Pub.L. 93-
                344, Title V, Sec. 506(a), 88 Stat. 322.)
           280  Sec. 106. Printing bills and joint resolutions.
                    Every bill or joint resolution in each House of Congress
                shall, when such bill or resolution passes either House, be
                printed, and such printed copy shall be called the engrossed
                bill or resolution as the case may be. Said engrossed bill
                or resolution shall be signed by the Clerk of the House or
                the Secretary of the Senate, and shall be sent to the other
                House, and in that form shall be dealt with by that House
                and its officers, and, if passed, returned signed by said
                Clerk or Secretary. When such bill, or joint resolution
                shall have passed both Houses, it shall be printed and shall
                then be called the enrolled bill, or joint resolution, as
                the case may be, and shall be signed by the presiding
                officers of both Houses and sent to the President of the
                United States. During the last six days of a session such
                engrossing and enrolling of bills and joint resolutions may
                be done otherwise than as above prescribed, upon the order
                of Congress by concurrent resolution. (July 30, 1947, c.
                388, 61 Stat. 634.)
           281  Sec. 106a. Promulgation of laws.
                    Whenever a bill, order, resolution, or vote of the
                Senate and House of Representatives, having been approved by
                the President, or not having been returned by him with his
                objections, becomes a law or takes effect, it shall
                forthwith be received by the Archivist of the United States
                from the President; and whenever a bill, order, resolution,
                or vote is returned by the President with his objections,
                and, on being reconsidered, is agreed to be passed, and is
                approved by two-thirds of both Houses of Congress, and
                thereby becomes a law or takes effect, it shall be received
                by the Archivist of the United States from the President of
                the Senate, or Speaker of the House of Representatives in
                whichsoever House it shall last have been so approved, and
                he shall carefully preserve the originals. (Added Oct. 31,
                1951, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct. 19,
                1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat. 2291.)
           282  Sec. 106b. Amendments to Constitution.
                    Whenever official notice is received at the National
                Archives and Records Administration that any amendment
                proposed to the Constitution of the United States has been
                adopted, according to the provisions of the Constitution,
                the Archivist of the United States shall forthwith cause the
                amendment to be published, with his certificate, specifying
                the States by which the same may have been adopted, and that
                the same has become valid, to all intents and purposes, as a
                part of the Constitution of the United States. (Added Oct.
                31, 1951, c. 655, Sec. 2(b), 65 Stat. 710, and amended Oct.
                19, 1984, Pub.L. 98-497, Title I, Sec. 107(d), 98 Stat.
                2291.)

    [[Page 281]]

           283  Sec. 107. Parchment or paper for printing enrolled bills or
                    resolutions.
                    Enrolled bills and resolutions of either House of
                Congress shall be printed on parchment or paper of suitable
                quality as shall be determined by the Joint Committee on
                Printing. (July 30, 1947, c. 388, 61 Stat. 635.)
           284  Sec. 108. Repeal of repealing act.
                    Whenever an Act is repealed, which repealed a former
                Act, such former Act shall not thereby be revived, unless it
                shall be expressly so provided. (July 30, 1947, c. 388, 61
                Stat. 635.)
           285  Sec. 109. Repeal of statutes as affecting existing
                    liabilities.
                    The repeal of any statute shall not have the effect to
                release or extinguish any penalty, forfeiture, or liability
                incurred under such statute, unless the repealing Act shall
                so expressly provide, and such statute shall be treated as
                still remaining in force for the purpose of sustaining any
                proper action or prosecution for the enforcement of such
                penalty, forfeiture, or liability. The expiration of a
                temporary statute shall not have the effect to release or
                extinguish any penalty, forfeiture, or liability incurred
                under such statute, unless the temporary statute shall so
                expressly provide, and, such statute shall be treated as
                still remaining in force for the purpose of sustaining any
                proper action or prosecution for the enforcement of such
                penalty, forfeiture, or liability. (July 30, 1947, c. 388,
                61 Stat. 635.)
           286  Sec. 110. Saving clause of Revised Statutes.
                    All acts of limitation, whether applicable to civil
                causes and proceedings, or to the prosecution of offenses,
                or for the recovery of penalties or forfeitures, embraced in
                the Revised Statutes and covered by the repeal contained
                therein, shall not be affected thereby, but all suits,
                proceedings, or prosecutions, whether civil or criminal, for
                causes arising, or acts done or committed prior to said
                repeal, may be commenced and prosecuted within the same time
                as if said repeal had not been made. (July 30, 1947, c. 388,
                61 Stat. 635.)
           287  Sec. 111. Repeals as evidence of prior effectiveness.
                    No inference shall be raised by the enactment of the Act
                of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections
                of the Revised Statutes repealed by such Act were in force
                or effect at the time of such enactment: Provided, however,
                That any rights or liabilities existing under such repealed
                sections shall not be affected by their repeal. (July 30,
                1947, c. 388, 61 Stat. 635.)
           288  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

    [[Page 282]]

                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.)
           289  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 International Relations 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)(1) The Secretary of State shall annually submit to
                Congress a report that contains an index of all
                international agreements, listed by country, date, title,
                and summary of each such agreement (including

    [[Page 283]]

                a description of the duration of activities under the
                agreement and the agreement itself), that the United
                States--
                                (A) has signed, proclaimed, or with
                            reference to which any other final formality has
                            been executed, or that has been extended or
                            otherwise modified, during the preceding
                            calendar year; and
                                (B) has not been published, or is not
                            proposed to be published, in the compilation
                            entitled ``United States Treaties and Other
                            International Agreements''.
                    (2) The report described in paragraph (1) may be
                submitted in classified form.
                    (e)(1) Subject to paragraph (2), 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.
                    (2)(A) An arrangement shall constitute an international
                agreement within the meaning of this section (other than
                subsection (c)) irrespective of the duration of activities
                under the arrangement or the arrangement itself.
                    (B) Arrangements that constitute an international
                agreement within the meaning of this section (other than
                subsection (c)) include the following:
                                (i) A bilateral or multilateral
                            counterterrorism agreement.
                                (ii) A bilateral agreement with a country
                            that is subject to a determination under section
                            6(j)(1)(A) of the Export Administration Act of
                            1979 (50 U.S.C. App. 2405(j)(1)(A)), section
                            620A(a) of the Foreign Assistance Act of 1961
                            (22 U.S.C. 2371(a)), or section 40(d) of the
                            Arms Export Control Act (22 U.S.C. 2780(d)).
                    (f) 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; Pub.L. 108-458, Title VII, Sec. 7121(b) to (d), Dec.
                17, 2004, 118 Stat. 3807, 3808.)

                 Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
                          DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS

           290  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 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.)

    [[Page 284]]

           291  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 285]]

                                   TITLE 2.--THE CONGRESS

                    Chapter 1.--ELECTION OF SENATORS AND REPRESENTATIVES

           295  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 1711.14).
                    Vacancies in the Senate, see Const. Amend. XVII (Senate
                Manual section 1737).
           296  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.)
           297  Sec. 1b. Same; countersignature by secretary of state.
                    The certificate mentioned in section 1a of this title
                shall be countersigned by the secretary of state of the
                State. (R.S. Sec. 19.)

                            Chapter 2.--ORGANIZATION OF CONGRESS

           298  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.)
           299  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.)
           300  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 286]]

                to any matter within the jurisdiction of the Senate. (Apr.
                18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
           301  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.)
           302  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.)
           303  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.)
           304  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.)
           305  Sec. 30b. Notice of objecting to proceeding.
                (a) In general
                    The Majority and Minority Leaders of the Senate or their
                designees shall recognize a notice of intent of a Senator
                who is a member of their caucus to object to proceeding to a
                measure or matter only if the Senator--

                                (1) following the objection to a unanimous
                            consent to proceeding to, and, or passage of, a
                            measure or matter on their behalf, submits the
                            notice of intent in writing to the appropriate
                            leader or their designee; and

    [[Page 287]]

                                (2) not later than 6 session days after the
                            submission under paragraph (1), submits for
                            inclusion in the Congressional Record and in the
                            applicable calendar section described in
                            subsection (b) of this section the following
                            notice:

                    ``I, Senator_____, intend to object to proceedings
                to_____, dated_____for the following reasons_____.''
                (b) Calendar
                    (1) In general
                                The Secretary of the Senate shall establish
                            for both the Senate Calendar of Business and the
                            Senate Executive Calendar a separate section
                            entitled ``Notice of Intent to Object to
                            Proceeding''.
                    (2) Content
                                The section required by paragraph (1) shall
                            include--

                                    (A) the name of each Senator filing a
                                notice under subsection (a)(2) of this
                                section;

                                    (B) the measure or matter covered by the
                                calendar that the Senator objects to; and

                                    (C) the date the objection was filed.

                    (3) Notice
                                A Senator who has notified their respective
                            leader and who has withdrawn their objection
                            within the 6 session day period is not required
                            to submit a notification under subsection (a)(2)
                            of this section.
                (c) Removal
                    A Senator may have an item with respect to the Senator
                removed from a calendar to which it was added under
                subsection (b) of this section by submitting for inclusion
                in the Congressional Record the following notice:

                    ``I, Senator_____, do not object to proceed to_____,
                dated_____.''

                (Pub.L. 110-81, Title V, Sec. 512, Sept. 14, 2007, 121 Stat.
                759.)

                     Chapter 3.--COMPENSATION AND ALLOWANCES OF MEMBERS

           306  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
                                (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

    [[Page 288]]

                $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.)
           307  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)).
           308

                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 consideration of
                            equal or greater value is received, but does not
                            include (1) a political contribution otherwise
                            reported as required by law, (2) a loan made in
                            a commercially reasonable manner (including
                            requirements that the loan be repaid and that a
                            reasonable rate of interest be paid), (3) a
                            bequest, inheritance, or other transfer at
                            death, (4) a bona fide award presented in
                            recognition of public service and available to
                            the general public, (5) a reception at which the
                            Member, officer, or employee is to be honored,
                            provided such individual receives no other gifts
                            that exceed the restrictions in this rule, other
                            than a suitable memento, (6) meals or beverages
                            consumed or enjoyed, provided the meals or
                            beverages are not con

    [[Page 289]]

                            sumed 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 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

    [[Page 290]]

                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.)
           309  Sec. 31-3. Registered lobbyist participation in travel;
                    guidelines.
                (1) In general
                    Except as provided in paragraph (4) and not later than
                60 days after September 14, 2007, and at annual intervals
                thereafter, the Select Committee on Ethics shall develop and
                revise, as necessary--
                                (A) guidelines, for purposes of implementing
                            the amendments made by subsection (a), on
                            evaluating a trip proposal and judging the
                            reasonableness of an expense or expenditure,
                            including guidelines related to evaluating--

                                    (i) the stated mission of the
                                organization sponsoring the trip;

                                    (ii) the organization's prior history of
                                sponsoring congressional trips, if any;

                                    (iii) other educational activities
                                performed by the organization besides
                                sponsoring congressional trips;

                                    (iv) whether any trips previously
                                sponsored by the organization led to an
                                investigation by the Select Committee on
                                Ethics;

                                    (v) whether the length of the trip and
                                the itinerary is consistent with the
                                official purpose of the trip;

                                    (vi) whether there is an adequate
                                connection between a trip and official
                                duties;

                                    (vii) the reasonableness of an amount
                                spent by a sponsor of the trip;

                                    (viii) whether there is a direct and
                                immediate relationship between a source of
                                funding and an event; and

                                    (ix) any other factor deemed relevant by
                                the Select Committee on Ethics; and

                                (B) regulations describing the information
                            it will require individuals subject to the
                            requirements of the amendments made by
                            subsection (a) to submit to the committee in
                            order to obtain the prior approval of the
                            committee for travel under paragraph 2 of rule
                            XXXV of the Standing Rules of the Senate,
                            including any required certifications.
                (2) Consideration
                    In developing and revising guidelines under paragraph
                (1)(A), the committee shall take into account the maximum
                per diem rates for official Federal Government travel
                published annually by the General Services Administration,
                the Department of State, and the Department of Defense.
                (3) Unreasonable expense
                    For purposes of this section, travel on a flight
                described in paragraph 1(c)(1)(C)(ii) of rule XXXV of the
                Standing Rules of the Senate shall not be considered to be a
                reasonable expense.
                (4) Extension
                    The deadline for the initial guidelines required by
                paragraph (1) may be extended for 30 days by the Committee
                on Rules and Administration. (Pub.L. 110-81, Title V,
                Sec. 544(b), Sept. 14, 2007, 121 Stat. 769.)

    [[Page 291]]

           310  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 $40,000 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 $10,000 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;
                Pub.L. 108-7, Div. H, Title I, Sec. 1(b)(1), (c), Feb. 20,
                2003, 117 Stat. 349; Pub.L. 108-447, Div. G., Title I,
                Sec. 13(a)(1), Dec. 8, 2004, 118 Stat. 3171.)
           311  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.
                (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.

    [[Page 292]]

                (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.)
           312  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.)
           313  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
                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.)

    [[Page 293]]

           314  Sec. 31a-2c. Transfer of funds from appropriations account
                    of Majority and Minority Whips of Senate to
                    appropriations account for ``Miscellaneous Items''
                    within Senate contingent fund.
                    (a) Upon the written request of the Majority or Minority
                Whip 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
                Whips'', such amount as either whip shall specify to the
                appropriations account, within the contingent fund of the
                Senate, ``Miscellaneous items''.
                    (b) The Majority and Minority Whips of the Senate are
                each authorized to incur such expenses as may be necessary
                or appropriate. Expenses incurred by either such whip shall
                be paid from the amount transferred pursuant to subsection
                (a) of this section by such whip and upon vouchers approved
                by such whip.
                    (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. 105-55, Title I, Sec. 2, Oct. 7, 1997, 111 Stat.
                1180.)
           315  Sec. 31a-2d. Transfer of funds from appropriations account
                    of the Office of the Vice President and the Offices of
                    Secretaries for the Majority and Minority to the Senate
                    contingent fund.

                (a) Office of the Vice President
                    (1) In general
                                Upon the written request of the Vice
                            President, the Secretary of the Senate shall
                            transfer from the appropriations account
                            appropriated under the subheading ``OFFICE OF
                            THE VICE PRESIDENT'' under the heading
                            ``SALARIES, OFFICERS AND EMPLOYEES'' such amount
                            as the Vice President shall specify to the
                            appropriations account under the heading
                            ``MISCELLANEOUS ITEMS'' within the contingent
                            fund of the Senate.
                    (2) Authority to incur expenses
                                The Vice President may incur such expenses
                            as may be necessary or appropriate. Expenses
                            incurred by the Vice President shall be paid
                            from the amount transferred under paragraph (1)
                            by the Vice President and upon vouchers approved
                            by the Vice President.
                    (3) Authority to advance sums
                                The Secretary of the Senate may advance such
                            sums as may be necessary to defray expenses
                            incurred in carrying out paragraphs (1) and (2).
                (b) Offices of the Secretaries for the Majority and Minority
                    (1) In general
                                Upon the written request of the Secretary
                            for the Majority or the Secretary for the
                            Minority, the Secretary of the Senate shall
                            transfer from the appropriations account
                            appropriated under the subheading ``OFFICES OF
                            THE SECRETARIES FOR THE MAJORITY AND MINORITY''
                            under the heading ``SALARIES, OFFICERS AND
                            EMPLOYEES'' such amount as the Secretary for the
                            Majority or the Secretary for the Minority shall
                            specify to the appropriations account under the
                            heading ``MISCELLANEOUS ITEMS'' within the
                            contingent fund of the Senate.

    [[Page 294]]

                    (2) Authority to incur expenses
                                The Secretary for the Majority or the
                            Secretary for the Minority may incur such
                            expenses as may be necessary or appropriate.
                            Expenses incurred by the Secretary for the
                            Majority or the Secretary for the Minority shall
                            be paid from the amount transferred under
                            paragraph (1) by the Secretary for the Majority
                            or the Secretary for the Minority and upon
                            vouchers approved by the Secretary for the
                            Majority or the Secretary for the Minority, as
                            applicable.
                    (3) Authority to advance sums
                                The Secretary of the Senate may advance such
                            sums as may be necessary to defray expenses
                            incurred in carrying out paragraphs (1) and (2).
                (c) Effective date
                    This section shall apply to fiscal year 2005 and each
                fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I,
                Sec. 5, Dec. 8, 2004, 118 Stat. 3169.)
           316  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 $5,000
                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; Pub.L. 108-7, Div. H,
                Title I, Sec. 1(d), Feb. 20, 2003, 117 Stat. 349.)
           317  Sec. 31a-4. Chairmen of the Majority and Minority Policy
                    Committees' Expense Account.
                    For each fiscal year (commencing with the fiscal year
                ending September 30, 2001), there is authorized an expense
                allowance for the Chairmen of the Majority and Minority
                Policy Committees which shall not exceed $5,000 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 the Internal Revenue
                Code of 1986 [26 U.S.C.A. Sec. 1 et seq.]. (Pub.L. 106-554,
                Sec. 1(a)(2) Title I, Sec. 5, Dec. 21, 2000, 114 Stat. 2763,
                2763A-97; Pub.L. 108-7, Div. H, Title I, Sec. 1(e), Feb. 20,
                2003, 117 Stat. 349.)
           318  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.)

    [[Page 295]]

                Cross References
                    Compensation of Vice President, see section 104 of Title
                3, United States Code, relating to the President (Senate
                Manual section 1122).
           319  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 91. 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.
           320  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 $40,000
                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; Pub.L.
                108-7, Div. H., Title I, Sec. 1(b)(2), Feb. 20, 2003, 117
                Stat. 349; Pub.L. 108-447, Div G., Title I, Sec. 13(a)(2),
                Dec. 8, 2004, 118 Stat. 3171.)
                Note.--Office of the President Pro Tempore Emeritus of the
                Senate
                    (a) Establishment.--There is established the Office of
                the President pro tempore emeritus of the Senate.
                    (b) Designation.--Any Member of the Senate who--
                            (1) is designated by the Senate as the President
                        pro tempore emeritus of the United States Senate;
                        and
                            (2) is serving as a Member of the Senate,

                shall be the President pro tempore emeritus of the United
                States Senate.
                    (c) Appointment and compensation of employees.--The
                President pro tempore emeritus is authorized to appoint and
                fix the compensation of such employees as the President pro
                tempore emeritus determines appropriate.
                    (d) Expense allowance.--There is authorized an expense
                allowance for the President pro tempore emeritus which shall
                not exceed $15,000 each fiscal year. The President pro
                tempore emeritus may receive the expense allowance: (1) as
                reimbursement for actual expenses incurred upon
                certification and documentation of such expenses by the
                President pro tempore emeritus; or (2) in equal monthly
                payments. Such amounts paid to the President pro tempore
                emeritus as reimbursement of actual expenses incurred upon
                certification and documentation under this subsection, shall
                not be reported as income, and the expenses so reimbursed
                shall not be allowed as a deduction under the Internal
                Revenue Code of 1986 [26 U.S.C.A. Sec. 1 et seq.].
                    (e) Effective date.--This section shall take effect on
                the date of enactment of this Act [Feb. 20, 2003] and shall
                apply only with respect to the 108th Congress,

    [[Page 296]]

                the 109th Congress, and the 110th Congress. (Pub.L. 108-7,
                Div. H, Title I, Sec. 7, Feb. 20, 2003, 117 Stat. 350, as
                amended Pub.L. 108-447, Div. G, Title I, Sec. Sec. 4, 13(b),
                Dec. 8, 2004, 118 Stat. 3169, 3171; Pub.L. 110-161, Div. H,
                Title I, Sec. 3, Dec. 26, 2007, 121 Stat. 2221.)

                [Amendments by Pub.L. 108-447, Div. G, Sec. 13, to this note
                applicable to fiscal year 2005 and each fiscal year
                thereafter.]

           321  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.)
           322  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.''
           323  Sec. 36a. Payment of sums due deceased Senators and Senate
                    personnel.
                    Under regulations prescribed by the Secretary of the
                Senate, a person serving as a Senator or officer or employee
                whose compensation is disbursed by the Secretary of the
                Senate may designate a beneficiary or beneficiaries to be
                paid any unpaid balance of salary or other sums due such
                person at the time of his death. When any person dies while
                so serving, any such unpaid balance shall be paid by the
                disbursing officer of the Senate to the designated
                beneficiary or beneficiaries. If no designation has been
                made, such unpaid balance shall be paid to the widow or
                widower of that person, or if there is no widow or widower,
                to the next of kin or heirs at law of that person. (Jan. 6,
                1951, ch. 1213, Ch. I, Sec. 1, 64 Stat. 1224; Oct. 31, 1972,
                Pub.L. 92-607, Ch. V, Sec. 503, 86 Stat. 1505.)

    [[Page 297]]

           324  Sec. 39. Deductions for absence.
                    The Chief Administrative Officer of the House of
                Representatives (upon certification by the Clerk of the
                House of Representatives) 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 House, 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; Pub.L. 109-55, Sec. 5, Aug. 2, 2005,
                119 Stat. 568.)
           325  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.)
           326  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.)
           327  Sec. 42a. Special delivery postage allowance for President
                    of the Senate.
                    The Secretary of the Senate is authorized and directed
                to procure and furnish each fiscal year (commencing with the
                fiscal year ending September 30, 1982) to the President of
                the Senate, upon request by such person, United States
                special delivery postage stamps in such amount as may be
                necessary for the mailing of postal matters arising in
                connection with his official business. (Pub.L. 97-51,
                Sec. 127(a)(1), Oct. 1, 1981, 95 Stat. 965.)

    [[Page 298]]

           328  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 299]]

                (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.)

           329  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 $8,000. (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; Feb. 20,
                2003, Pub.L. 108-7, Div. H, Title I, Sec. 2(a), 117 Stat.
                349.)
           330  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

    [[Page 300]]

                of the Senate for stationery, except that (1) the balance of
                any amount appropriated for stationery for use of committees
                and officers of the Senate which remains unexpended at the
                end of any fiscal year and (2) allowances which are not
                available for obligation due to vacancies or waiver of
                entitlement thereto, shall be withdrawn from the revolving
                fund. 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.)
           331  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.)
           332  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.)
           333  Sec. 48. Certification of salary and mileage accounts.
                    Salary and mileage accounts of Representatives and
                Delegates shall be certified 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; July 28, 1866, c. 296, Sec. 17, 14
                Stat. 323; Jan. 20, 1874, c. 11, 18 Stat. 4; Dec. 8, 2004,
                Pub.L. 108-447, Div. G, Title I, Sec. 11, 118 Stat. 3171.)
           334  Sec. 51. Monuments to deceased Senators or House Members.
                    Whenever any deceased Senator or Member of the House of
                Representatives shall be actually interred in the
                Congressional Cemetery, so-called, it shall be the duty of
                the Sergeant at Arms of the Senate, in the case of a
                Senator, and of the Sergeant of Arms of the House of
                Representatives, in the case of a Member of the House, to
                have a monument erected, of granite, with suitable
                inscriptions, and the cost of the same shall be a charge
                upon and paid out either from the contingent funds of the
                Senate or of the House of Representatives, to whichever the
                deceased may have belonged, and any existing omissions of
                monuments or inscriptions, as aforesaid, are directed and
                authorized to be supplied in like manner. (May 23, 1876, c.
                103, 19 Stat.54.)
           335  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

    [[Page 301]]

                                (2) one copy of each of the volumes of the
                            United States Code Service being published at
                            the time the Senator takes office, and, as long
                            as that Senator holds office, one copy of each
                            replacement volume and each pocket supplement to
                            the United States Code Service.

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

           336  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;

    [[Page 302]]

                                (7) expenses incurred for additional office
                            equipment and services related thereto (but not
                            including personal services), in accordance with
                            regulations promulgated by the Committee on
                            Rules and Administration of the Senate;
                                (8) charges officially incurred for
                            recording and photographic services and
                            products; and
                                (9) such other official expenses as the
                            Senator determines to be necessary.

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

                (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 limi

    [[Page 303]]

                            tations imposed by section 61-1(d) of this title
                            (as determined without regard to paragraph
                            (1)(B) thereof), exceeds (II) the aggregate
                            amount of gross compensation which is paid to
                            employees in the office of such Senator for that
                            part of such fiscal year which precedes January
                            1, 1988.
                    (B) In the event that the term of office of a Senator
                begins after the first month of the period which commences
                January 1, 1988, and ends September 30, 1988, or ends
                (except by reason of death, resignation, or expulsion)
                before the last month of such period, the amount computed
                pursuant to subparagraph (A)(iii) of this paragraph (but
                before application of this subparagraph) shall be
                recalculated as follows: such amount, as computed under
                subparagraph (A)(iii) of this paragraph, shall be divided by
                9, and multiplied by the number of months in such period
                which are included in the Senator's term of office, counting
                any fraction of a month as a full month.
                    (3)(A) In the case of the fiscal year beginning October
                1, 1988, or any fiscal year thereafter, the total of--
                                (i) the expenses paid to or on behalf of a
                            Senator under this section for such fiscal year,
                            plus
                                (ii) the aggregate amount of gross
                            compensation which is paid to employees in the
                            office of such Senator for such fiscal year (as
                            determined for purposes of section 61-1(d) of
                            this title),

                shall not exceed the aggregate of--

                                (iii) subject to subparagraph (B)--

                                    (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.

    [[Page 304]]

                    (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.
                (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.

    [[Page 305]]

                (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 transportation expenses and per
                diem expenses (but not exceeding actual travel expenses)
                incurred while traveling in performing such duties within
                the Senator's home State or between that State and
                Washington, District of Columbia, and each of the service
                academies, (B) for official expenses incurred in performing
                such duties. For purposes of this subsection and subsection
                (a) of this section, ``official expenses'' means expenses of
                the type for which reimbursement may be made to an employee
                in the office of a Senator when traveling on business of a
                committee of which that Senator is a member, and, for
                accounting purposes, such expenses shall be treated as
                expenses for which reimbursement may be made under
                subsection (a)(4) of this section.
                (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.

    [[Page 306]]

                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. 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.)
           337  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.)
           338  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.)
           339  Sec. 58a-2. Certification of telecommunications equipment
                    and
                    services as official.
                (a) Regulations issued 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

    [[Page 307]]

                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.
                (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.)
           340  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.)

    [[Page 308]]

           341  Sec. 58a-4. Metered charges on copiers; ``Sergeant at Arms''
                    and ``user'' defined; certification of services and
                    equipment as
                    official; deposit of payments; availability for
                    expenditure.
                    (a) As used in this section, the term--
                                (1) ``Sergeant at Arms'' means the Sergeant
                            at Arms and Doorkeeper of the United States
                            Senate; and
                                (2) ``user'' means any Senator, Officer of
                            the Senate, Committee, office, or entity
                            provided copiers by the Sergeant at Arms.
                    (b)(1) Subject to such regulations as may on and after
                November 5, 1990, be issued by the Committee on Rules and
                Administration of the Senate, the Sergeant at Arms shall
                have the authority, with respect to metered charges on
                copying equipment provided by the Sergeant at Arms, solely
                for the purposes of this section, to make such certification
                as may be necessary to establish such services and equipment
                as official, issue invoices in conjunction therewith, and
                receive payment for such services and equipment by
                certification, voucher, or otherwise.
                    (2) All moneys, derived from the payment of metered
                charges on copying equipment provided from funds from the
                Appropriation Account within the contingent fund of the
                Senate for ``Contingent Expenses, Sergeant at Arms and
                Doorkeeper of the Senate'' under the line item for the
                Service Department, shall be deposited in and made a part of
                such Appropriation Account and under such line item, and
                shall be available for expenditure or obligation, or both,
                in like manner and subject to the same limitations as any
                other moneys in such account and under such line item.
                (Pub.L. 101-520, Title I, Sec. 4(a), (b), Nov. 5, 1990, 104
                Stat. 2257.)
           342  Sec. 58b. Repealed (Pub.L. 100-137, Sec. 2, October 21,
                    1987, 101 Stat. 819).
           343

                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

    [[Page 309]]

                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 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.)

           344  Sec. 58c-1. Repealed (Public Law 105-55, Title I,
                    Sec. 3(c)(1), Oct. 7, 1997, 111 Stat. 1180).
           345

                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

    [[Page 310]]

                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.
                (b) Maximum amount of aggregate square feet for each Senator
                    The aggregate square feet of office space secured for
                each 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

    [[Page 311]]

                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.
                (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:

    [[Page 312]]

                                (A) Liability insurance in the amount of
                            $1,000,000 shall be provided with respect to the
                            operation and use of such mobile office.
                                (B) Either of the following inscriptions
                            shall be clearly visible on three sides of such
                            mobile office in letters not less than three
                            inches high:

                             ``UNITED STATES GOVERNMENT VEHICLE

                                 ``FOR OFFICIAL USE ONLY'';

                                             Or

                                 ``MOBILE OFFICE OF SENATOR

                                  ``FOR OFFICIAL USE ONLY''

                                         ----------

                                The Committee on Rules and Administration of
                            the Senate may prescribe regulations to waive or
                            modify the requirement under subparagraph (B) if
                            such waiver or modification is necessary to
                            provide for the public safety of a Senator and
                            the Senator's staff and constituents.
                                (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; Pub.L. 108-7, Div. H,
                Title I, Sec. 4(a), Feb. 20, 2003, 117 Stat. 349.)
           346  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

    [[Page 313]]

                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.)

           347  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.)
           348  Sec. 59d-1. Transportation of official records and papers to
                    a Senator's State.
                (a) Payment of reasonable transportation expenses
                    Upon request of a Senator, amounts in the appropriation
                account ``Miscellaneous Items'' within the contingent fund
                of the Senate shall be available to pay the reasonable
                expenses of sending or transporting the official records and
                papers of the Senator from the District of Columbia to any
                location designated by such Senator in the State represented
                by the Senator.

    [[Page 314]]

                (b) Sending and transportation
                    The Sergeant at Arms and Doorkeeper of the Senate shall
                provide for the most economical means of sending or
                transporting the official records and papers under this
                section while ensuring the orderly and timely delivery of
                the records and papers to the location specified by the
                Senator.
                (c) Oversight
                    The Committee on Rules and Administration shall have the
                authority to issue rules and regulations to carry out the
                provisions of this section.
                (d) Official records defined
                    In this section, the term ``official records and
                papers'' means books, records, papers, and official files
                which could be sent as franked mail.
                (e) Effective date
                    This section shall apply with respect to fiscal year
                2005 and each succeeding fiscal year. (Pub.L. 108-447, Div.
                G, Title I, Sec. 7, Dec. 8, 2004, 118 Stat. 3170.)
           349  Sec. 59e. Official mail of persons entitled to use the
                    congressional frank.
                (a) Congressional committee regulations for expenditure of
                    appropriations for official mail
                    Except as otherwise provided in this section, funds
                appropriated by this Act or any other Act for expenses of
                official mail of any person entitled to use the
                congressional frank may be expended only in accordance with
                regulations prescribed by the Committee on Rules and
                Administration of the Senate or the Committee on House
                Oversight of the House of Representatives, as applicable.
                Such regulations shall require--
                                (1) individual accountability for use of
                            official mail by each person entitled to use the
                            congressional frank;
                                (2)(A) with respect to the House of
                            Representatives, allocation of funds for
                            official mail to be made to each such person
                            with respect to each session of Congress (with
                            no transfer to any other session or to any other
                            such person); and
                                (B) with respect to the Senate, allocation
                            of funds for official mail to be made to each
                            such person with respect to each session of
                            Congress (with no transfer to any other session,
                            other than transfers from the first session of a
                            Congress to the second session of that Congress,
                            or to any other such person); and
                                (3) with respect to the House of
                            Representatives, that in addition to any other
                            report or information made available to the
                            public (through the House Commission on
                            Congressional Mailing Standards or otherwise)
                            regarding the use of the frank, the Chief
                            Administrative Officer of the House of
                            Representatives shall include in the quarterly
                            report of receipts and expenditures submitted to
                            the House of Representatives a statement (based
                            solely on data provided for that purpose by the
                            Committee on House Oversight of the House of
                            Representatives and the House Commission on
                            Congressional Mailing Standards) of costs
                            incurred for official mail by each person
                            entitled to use the congressional frank.

    [[Page 315]]

                (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 for franked mail,
                employee salaries, office space, furniture, or equipment and
                any associated information technology services (excluding
                handheld communications devices) from--
                                (1) funds received from a political
                            committee or derived from a contribution or
                            expenditure (as such terms are defined in
                            section 431 of this title);
                                (2) funds received as reimbursement for
                            expenses incurred by the Senator or Member in
                            connection with personal services provided by
                            the Senator or Member to the person making the
                            reimbursement; or
                                (3) any other funds that are not
                            specifically appropriated for official expenses.
                (e) Official Mail Allowance in House of Representatives
                    (1) The use of funds of the House of Representatives
                which are made available for official mail of Members,
                officers, and employees of the House of Representatives who
                are persons entitled to use the congressional frank shall be
                governed by regulations promulgated--
                                (A) by the Committee on House Oversight of
                            the House of Representatives, with respect to
                            allocation and expenditures relating to official
                            mail (except as provided in subparagraph (B));
                            and
                                (B) by the House Commission on Congressional
                            Mailing Standards, with respect to matters under
                            section 3210(a)(6)(D) of Title 39.
                    (2) Funds used for official mail--

    [[Page 316]]

                                (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.
                (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-

    [[Page 317]]

                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; Pub.L. 108-83, Title I,
                Sec. 105(a), Sept. 30, 2003, 117 Stat. 1018.)

           350  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.)
           351  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 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

           352  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--

    [[Page 318]]

                                (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.)
           353  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.)
           354  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
                                (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

    [[Page 319]]

                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.)
           355  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 Secretary of the
                Senate shall, unless otherwise specifically provided
                therein, be construed to affect the applicability of section
                60a-1 of this title to such rate. (Pub.L. 94-440, Title I,
                Sec. 107, Oct. 1, 1976, 90 Stat. 1444.)
           356  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,

    [[Page 320]]

                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.)
           357  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.)
           358  Sec. 60c-2. Repealed (Pub.L. 97-258, Sec. 5(b), Sept. 13,
                    1982, 96 Stat. 1081).
                Note
                    The Secretary of the Senate is authorized and directed,
                if requested by an individual whose compensation is
                disbursed by the Secretary, to pay the compensation by
                sending a check to a financial organization designated by
                the individual. See Sec. 3332 of Title 31, Money and
                Finance, Senate Manual section 1472.
           359  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.

    [[Page 321]]

                (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.)
           360  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.
                (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

    [[Page 322]]

                                (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.
                (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.)
           361  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.

    [[Page 323]]

                    (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.
                (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.)

    [[Page 324]]

           362  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

                                            (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--

    [[Page 325]]

                                                    (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--

                                            (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

    [[Page 326]]

                            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, 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--

    [[Page 327]]

                                    (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 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

    [[Page 328]]

                                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.
                    (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

    [[Page 329]]

                                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
                                appropriated 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.)
           363  Sec. 60j. Longevity compensation. \1\
                    \1\ 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;

    [[Page 330]]

                                (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 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.)

    [[Page 331]]

           364  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.
           365  Sec. 60j-2. Longevity compensation for telephone operators
                    on United States Capitol 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.)
           366  Sec. 60j-3. Repealed (Pub.L. 97-276, Sec. 101(e), Oct. 2,
                    1982, 96 Stat. 1189).

           367  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.)

    [[Page 332]]

           368  Sec.  60o. Omitted.
                Note
                Lump Sum Payment for Accrued Annual Leave of Senate
                Employees

                Pub. L. 106-554, Sec.  1(a)(2) [Title I,  6], Dec. 21,
                2000, 114 Stat. 2763, 2763a--97, provided that:

                    (a) The head of the employing office of an employee of
                the Senate may, upon termination of employment of the
                employee, authorize payment of a lump sum for the accrued
                annual leave of that employee if--
                                (1) The head of the employing office--

                                    (A) has approved a written leave policy
                                authorizing employees to accrue leave and
                                establishing the conditions upon which
                                accrued leave may be paid; and

                                    (B) submits written certification to the
                                Financial Clerk of the Senate of the number
                                of days of annual leave accrued by the
                                employee for which payment is to be made
                                under the written leave policy of the
                                employing office; and

                                (2) there are sufficient funds to cover the
                            lump sum payment.
                    (b)(1) A lump sum payment under this section [this note]
                shall not exceed the lesser of--
                                (A) twice the monthly rate of pay of the
                            employee; or
                                (B) the product of the daily rate of pay of
                            the employee and the number of days of accrued
                            annual leave of the employee.
                    (2) The Secretary of the Senate shall determine the
                rates of pay of an employee under paragraph (1)(A) and (B)
                on the basis of the annual rate of pay of the employee in
                effect on the date of termination of employment.
                    (c) Any payment under this section [this note] shall be
                paid from the appropriation account or fund used to pay the
                employee.
                    (d) If an individual who received a lump sum payment
                under this section [this note] is reemployed as an employee
                of the Senate before the end of the period covered by the
                lump sum payment, the individual shall refund an amount
                equal to the applicable pay covering the period between the
                date of reemployment and the expiration of the lump sum
                period. Such amount shall be deposited to the appropriation
                account or fund used to pay the lump sum payment.
                    (e) The Committee on Rules and Administration of the
                Senate may prescribe regulations to carry out this section
                [this note].
                    (f) In this section [this note], the term--
                                (1) ``employee of the Senate'' means any
                            employee whose pay is disbursed by the Secretary
                            of the Senate, except that the term does not
                            include a member of the Capitol Police or a
                            civilian employee of the Capitol Police; and
                                (2) ``head of the employing office'' means
                            any person with the final authority to appoint,
                            hire, discharge, and set the terms, conditions,
                            or privileges of the employment of an individual
                            whose pay is disbursed by the Secretary of the
                            Senate.

    [[Page 333]]

           369  Sec. 60p. Payment for unaccrued leave.
                (a) In general
                    The Financial Clerk of the Senate is authorized to
                accept from an individual whose pay is disbursed by the
                Secretary of \1\ Senate a payment representing pay for any
                period of unaccrued annual leave used by that individual, as
                certified by the head of the employing office of the
                individual making the payment.
                    \1\ So in original. Probably should be followed by
                    ``the''.
                (b) Withholding
                    The Financial Clerk of the Senate is authorized to
                withhold the amount referred to in subsection (a) of this
                section from any amount which is disbursed by the Secretary
                of the Senate and which is due to or on behalf of the
                individual described in subsection (a) of this section.
                (c) Deposit
                    Any payment accepted under this section shall be
                deposited in the general fund of the Treasury as
                miscellaneous receipts.
                (d) ``Head of the employing office'' defined
                    As used in this section, the term ``head of the
                employing office'' means any person with the final authority
                to appoint, hire, discharge, and set the terms, conditions,
                or privileges of the employment of an individual whose pay
                is disbursed by the Secretary of the Senate.
                (e) Applicability
                    This section shall apply to fiscal year 1996 and each
                fiscal year thereafter. (Pub.L. 104-197, Title I, Sec. 9,
                Sept. 16, 1996, 110 Stat. 2398.)
           370  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.)
           371  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
                authority to another, or promotion by an appointing
                authority to a position the compensation for which is fixed
                by law). In the case of an appoint

    [[Page 334]]

                ment 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 designated is to be
                accorded all privileges of a professional staff member of
                the committee to which designated. The text of section
                111(c) is as follows:

    [[Page 335]]

                    (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 uniform maximum salary
                that may be paid to all 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, 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.

    [[Page 336]]

                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; Pub.L. 105-18, Title II,
                Sec. 7001, June 12, 1997, 111 Stat. 192; Pub.L. 105-55,
                Title I, Sec. 5, Oct. 7, 1997, 111 Stat. 1181; Pub.L. 105-
                275, Title I, Sec. 8, Oct. 21, 1998, 112 Stat. 2434; Pub.L.
                106-57, Title I, Sec. 2, Sept. 29, 1999, 113 Stat. 411;
                Pub.L. 107-68, Title I, Sec. 106, Nov. 12, 2001, 115 Stat.
                568; Pub.L. 108-7, Div. H, Title I, Sec. 3, Feb. 20, 2003,
                117 Stat. 349; Pub.L. 108-83, Title I, Sec. 1, Sept. 30,
                2003, 117 Stat. 1010; Pub.L. 108-447, Div. G, Title I,
                Sec. 1, Dec. 8, 2004, 118 Stat. 3168; Pub.L. 109-55, Title
                I, Sec. 1, Aug 2, 2005, 119 Stat. 568; Pub.L. 110-161, Div.
                H, Title I, Sec. 4, Dec. 26, 2007, 121 Stat. 2221; 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.)
           372  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.)
           373  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.)
           374  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,

    [[Page 337]]

                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.)
           375  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.
           376  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.)
           377  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.)
           378  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

    [[Page 338]]

                deems appropriate and appoint and fix the compensation of
                employees to fill the positions so established; except that
                the annual rate of compensation payable to any employee
                appointed to fill any position established by the Secretary
                of the Senate shall not, for any period of time, be in
                excess of $1,000 less than the annual rate of compensation
                of the Secretary of the Senate for that period of time; and
                except that nothing in this section shall be construed to
                affect any position authorized by statute, if the
                compensation for such position is to be paid from the
                contingent fund of the Senate. (Pub.L. 97-51, Sec. 114, Oct.
                1, 1981, 95 Stat. 963.)
           379  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.)
           380  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.)
           381  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.)
           382  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.)
           383  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.)

    [[Page 339]]

           384  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) [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.)
           385  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.)
           386  Sec. 61d-3. Repealed (Pub.L. 108-199, Div. H, Sec. 155(b),
                    Jan. 23, 2004, 118 Stat. 450).

           387  Sec. 61d-4. Payment of expenses of the Chaplain of the
                    Senate from the contingent fund of the Senate.
                (a) In general
                    For each fiscal year there is authorized to be expended
                from the contingent fund of the Senate an amount, not in
                excess of $50,000 for the Chaplain of the Senate. Payments
                under this section shall be made only for expenses actually
                incurred by the Chaplain of the Senate in carrying out his
                functions, and shall be made upon certification and
                documentation of the expenses involved, by the Chaplain
                claiming payment under this section and upon vouchers
                approved by the Chaplain and by the Committee on Rules and
                Administration. Funds authorized for expenditure under this
                section may be used to purchase food or food related items.
                (b) Repeal of revolving fund
                    (1) Omitted.
                    (2) Remaining funds.
                                Any funds in the Chaplain Expense Revolving
                            Fund on the date of the repeal under this
                            section shall be remitted to the general fund of
                            the United States Treasury.
                (c) Effective date
                    This section shall apply with respect to fiscal year
                2004, and each fiscal year thereafter. (Pub.L. 108-199, Div.
                H, Sec. 155, Jan. 23, 2004, 118 Stat. 450.)
           388  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.

    [[Page 340]]

           389  Sec. 61e-1. Compensation of Deputy Sergeant at Arms and
                    Doorkeeper of Senate.
                    Effective August 1, 1979, the Sergeant at Arms and
                Doorkeeper may fix the compensation of the Deputy Sergeant
                at Arms and Doorkeeper at an annual rate not to exceed the
                maximum annual rate of compensation of the Assistant
                Secretary of the Senate. (Pub.L. 94-226, Sec.  1(a), Mar. 9,
                1976, 90 Stat. 203; Pub.L. 96-38, Title I, Sec.  106(1),
                July 25, 1979, 93 Stat. 112.)
           390  Sec. 61e-2. Compensation of Administrative Assistant to
                    Sergeant at Arms and Doorkeeper of Senate.
                    Effective August 1, 1979--
                                (1) the maximum annual rate of compensation
                            of the Administrative Assistant to the Sergeant
                            at Arms and Doorkeeper of the Senate shall be
                            the same as the highest maximum annual rate of
                            compensation that may be paid to an employee in
                            the office of a Senator; and
                                (2) Omitted. (Pub.L. 96-38, Title I, Sec.
                            106(2), (3), July 25, 1979, 93 Stat. 112.)
           391  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 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.)
           392  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

    [[Page 341]]

                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.)
           393  Sec. 61f-1a. Travel expenses of Sergeant at Arms and
                    Doorkeeper of the Senate.
                    For the purpose of carrying out his duties, the Sergeant
                at Arms and Doorkeeper of the Senate is authorized to incur
                official travel expenses during each fiscal year not to
                exceed the sums made available for such purpose under
                appropriations Acts. With the approval of the Sergeant at
                Arms and Doorkeeper of the Senate and in accordance with
                such regulations as may be promulgated by the Senate
                Committee on Rules and Administration, the Secretary of the
                Senate is authorized to advance to the Sergeant at Arms or
                to any designated employee under the jurisdiction of the
                Sergeant at Arms and Doorkeeper, such sums as may be
                necessary to defray official travel expenses incurred in
                carrying out the duties of the Sergeant at Arms and
                Doorkeeper. The receipt of any such sum so advanced to the
                Sergeant at Arms and Doorkeeper or to any designated
                employee shall be taken and passed by the accounting
                officers of the Government as a full and sufficient voucher;
                but it shall be the duty of the traveler, as soon as
                practicable, to furnish to the Secretary of the Senate a
                detailed voucher of the expenses incurred for the travel
                with respect to which the sum was so advanced, and make
                settlement with respect to such sum. Payments under this
                section shall be made from funds included in the
                appropriations account, within the contingent fund of the
                Senate, for the Sergeant at Arms and Doorkeeper of the
                Senate, upon vouchers approved by the Sergeant at Arms and
                Doorkeeper. (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.)
           394  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.)

    [[Page 342]]

           395  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, 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.)

           396  Sec. 61f-9. Employment of personnel by Sergeant at Arms and
                    Doorkeeper of Senate at daily rates of compensation;
                    authorization; limitation on amount of compensation.
                    The Sergeant at Arms and Doorkeeper of the Senate, in
                carrying out the duties of his office, is authorized to
                employ personnel at daily rates of compensation; no
                individual so employed shall be paid at a daily rate of
                compensation which is 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 payments under authority of this section shall be made
                from the account, within the contingent fund of the Senate,
                for the ``Sergeant at Arms and Doorkeeper of the Senate'',
                upon vouchers approved by the Sergeant at Arms and
                Doorkeeper of the Senate. (Pub.L. 98-367, Title I, Sec. 6,
                July 17, 1984, 98 Stat. 475.)
           397  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.

    [[Page 343]]

                    (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.)
           398  Sec. 61f-11. Provision of services and equipment on a
                    reimbursable basis.
                (a) In general
                    Subject to the approval of the Committee on Rules and
                Administration of the Senate, the Sergeant at Arms and
                Doorkeeper of the Senate may provide services and equipment
                funded by appropriations available to the Senate to persons
                and entities not funded by such appropriations.
                (b) Reimbursement required
                    The provision of services and equipment under subsection
                (a) of this section shall be on a reimbursable basis.
                (c) Crediting of reimbursed amounts
                    In the case of services or equipment provided under
                subsection (a) of this section that were procured using
                amounts available to the Sergeant at Arms and Doorkeeper of
                the Senate in the account for Contingent Expenses, Sergeant
                at Arms and Doorkeeper of the Senate, amounts received under
                subsection (b) of this section as reimbursement for the
                provision of such services or equipment shall be credited to
                that account or, if applicable, to any subaccount of that
                account. Amounts credited to any such account or subaccount
                shall be merged with amounts in that account or subaccount
                and shall be available to the same extent, and subject to
                the same terms and conditions, as amounts in that account or
                subaccount.
                (d) Effective date
                    This section shall apply to fiscal year 2004 and each
                succeeding fiscal year. (Pub.L. 108-83, Title I, Sec. 9,
                Sept. 30, 2003, 117 Stat. 1013.)
           399  Sec. 61f-12. Treatment of electronic services provided by
                    Sergeant at Arms.
                (a) In General
                    The Office of the Sergeant at Arms and Doorkeeper of the
                United States Senate, and any officer, employee, or agent of
                the Office, shall not be treated as acquiring possession,
                custody, or control of any electronic mail or other
                electronic communication, data, or information by reason of
                its being transmitted, processed, or stored (whether
                temporarily or otherwise) through the use of an electronic
                system established, maintained, or operated, or the use of
                electronic services provided, in whole or in part by the
                Office.
                (b) Effective date
                    This section shall apply to fiscal year 2005 and each
                fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I,
                Sec. 10, Dec. 8, 2004, 118 Stat. 3170; Pub.L. 109-289, Div.
                B, Title II, Sec. 20701(c)(1), as added Pub.L. 110-5,
                Sec. 2, Feb. 15, 2007, 121 Stat. 38.)

    [[Page 344]]

           400  Sec. 61f-13. Media support services.
                (a) Definitions
                    In this section, the terms ``national committee'' and
                ``political party'' have the meaning given such terms in
                section 431 of this title.
                (b) In general
                    The official duties of employees of the Sergeant at Arms
                and Doorkeeper of the Senate under the Senate Daily Press
                Gallery, the Senate Periodical Press Gallery, the Senate
                Press Photographers Gallery, and the Senate Radio and
                Television Correspondents Gallery may include providing
                media support services with respect to the presidential
                nominating conventions of the national committees of
                political parties.
                (c) Approval of Sergeant at Arms
                    The terms and conditions under which employees perform
                official duties under subsection (b) of this section shall
                be subject to the approval of the Sergeant at Arms and
                Doorkeeper of the Senate.
                (d) Effective date
                    This section shall apply to fiscal year 2008 and each
                fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I,
                Sec. 7, Dec. 26, 2007, 121 Stat. 2222.)
           401  Sec. 61f-14. Law enforcement authority of Sergeant-at-Arms
                    and Doorkeeper of the Senate.
                (a) In general
                    The Sergeant-at-Arms and Doorkeeper of the Senate shall
                have the same law enforcement authority, including the
                authority to carry firearms, as a member of the Capitol
                Police. The law enforcement authority under the preceding
                sentence shall be subject to the requirement that the
                Sergeant-at-Arms and Doorkeeper of the Senate have the
                qualifications specified in subsection (b).
                (b) Qualifications
                    The qualifications referred to in subsection (a) are the
                following:
                                (1) A minimum of 5 years of experience as a
                            law enforcement officer before beginning service
                            as the Sergeant-at-Arms and Doorkeeper of the
                            Senate.
                                (2) Current certification in the use of
                            firearms by the appropriate Federal law
                            enforcement entity or an equivalent non-Federal
                            entity.
                                (3) Any other firearms qualification
                            required for members of the Capitol Police.
                (c) Regulations
                    The Committee on Rules and Administration of the Senate
                shall have authority to prescribe regulations to carry out
                this section. (Pub.L. 111-145, Sec.  8, Mar. 4, 2010, 124
                Stat. 56.)
           402  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 such amount
                as necessary for the Conference of the Majority and an equal
                amount for the Conference of the Minority.

    [[Page 345]]

                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; Pub.L. 108-83,
                Title I, Sec. 2(a), Sept. 30, 2003, 117 Stat. 1010.)
           403  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 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.

    [[Page 346]]

                (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.)
           404  Sec. 61g-6b. Offices of the Secretaries of the Conference of
                    the Majority and the Conference of the Minority.
                (a) In general
                    Upon the written request of the Secretary of the
                Conference of the Majority or the Secretary of the
                Conference of the Minority, the Secretary of the Senate
                shall transfer from the appropriations account appropriated
                under the subheading ``OFFICES OF THE SECRETARIES OF THE
                CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE
                MINORITY'' under the heading ``Salaries, Officers and
                Employees'' such amount as the Secretary of the Conference
                of the Majority or the Secretary of the Conference of the
                Minority shall specify to the appropriations account under
                the heading ``MISCELLANEOUS ITEMS'' within the contingent
                fund of the Senate.
                (b) Authority to incur expenses
                    The Secretary of the Conference of the Majority or the
                Secretary of the Conference of the Minority may incur such
                expenses as may be necessary or appropriate. Expenses
                incurred by the Secretary of the Conference of the Majority
                or the Secretary of the Conference of the Minority shall be
                paid from the amount transferred under subsection (a) of
                this section by the Secretary of the Conference of the
                Majority or the Secretary of the Conference of the Minority
                and upon vouchers approved by the Secretary of the
                Conference of the Majority or the Secretary of the
                Conference of the Minority, as applicable.
                (c) Authority to advance sums
                    The Secretary of the Senate may advance such sums as may
                be necessary to defray expenses incurred in carrying out
                subsections (a) and (b) of this section.
                (d) Effective date
                    This section shall apply to fiscal year 2008 and each
                fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I,
                Sec. 3, Dec. 26, 2007, 121 Stat. 2221.)
           405  Sec. 61g-7. Services of consultants to Majority and 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.

    [[Page 347]]

                (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.
                (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.)
           406  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.)
           407  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.
           408  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 Assist

    [[Page 348]]

                ant Secretary of the Senate. (Pub.L. 98-51, Title I,
                Sec. 101(a), July 14, 1983, 97 Stat. 265.)
           409  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 nine\1\ individual consultants, on a temporary or
                intermittent basis, at a daily rate of compensation not in
                excess of the per diem equivalent of the highest gross rate
                of annual compensation which may be paid to employees of a
                standing committee of the Senate. The President pro tempore
                of the Senate is authorized to appoint and fix the
                compensation of 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.
                    \1\ See note entitled ``Consultants'' under this
                    section.
                    (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; Pub.L. 108-7,
                Div. H, Title I, Sec. 6(a), Feb. 20, 2003, 117 Stat. 350.)

    [[Page 349]]

                Note.--Consultants
                    Pub.L. 111-8, Div. G, Title I, Sec.  1, Mar. 11, 2009,
                123 Stat. 14, provided that: (1) The first sentence of
                101(a) of the Supplemental Appropriations Act, 1977 (2
                U.S.C. 61h-6(a)) is amended by striking ``eight individual
                consultants'' and inserting ``nine individual consultants''.
                      (2) The second sentence of section 101(a) of the
                    Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-
                    6(a)) is amended by striking ``two individual
                    consultants'' and inserting ``three individual
                    consultants''.
                      (b) EFFECTIVE DATE.--This section shall take effect on
                    the date of enactment of this Act and shall apply to
                    fiscal year 2009 and each fiscal year thereafter.
                    Similar provisions were contained in the following
                appropriations Acts:
                            Pub.L. 110-161, Div. H, Title I, Sec.  8, Dec.
                        26, 2007, 121 Stat. 2222.
                            Pub.L. 109-55, Title I, Sec.  2, Aug. 2, 2005,
                        119 Stat. 568.
                            Pub.L. 108-447, Div. G, Title I, Sec.  2, Dec.
                        8, 2004, 118 Stat. 3169.
           410  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.)
           411  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.)
           412  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.)
           413

                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.)

    [[Page 350]]

           414  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.)
           415  Sec. 63. Repealed (Pub.L. 104-186, Title II, Sec. 204(21),
                    Aug. 20, 1996, 110 Stat. 1733).
           416

                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.)
           417  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 on Appropriations
                of the Senate. (Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96
                Stat. 1189.)
           418  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 Chief of
                the Capitol Police is authorized to receive moneys from the
                Department of the Treasury as reimbursements for salaries
                paid by the Capitol Police 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;
                Pub.L. 108-7, Div. H, Title I, Sec. 1018(h)(3), Feb. 20,
                2003, 117 Stat. 369.)
           419  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.)

    [[Page 351]]

           420  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.)
           421  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 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.)
           422  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.)
           423  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 $6,000 for each of the

    [[Page 352]]

                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; Pub.L. 108-83, Title I, Sec. 5(a), Sept. 30,
                2003, 117 Stat. 1013.)
           424  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.
                    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.)
           425  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, and upon notification to 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

    [[Page 353]]

                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; Pub.L. 108-447, Div. G, Title I, Sec. 6, Dec. 8, 2004,
                118 Stat. 3170.)
           426  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.)
           427  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.)
           428  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 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.)
           429  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.)
           430  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 Government
                Accountability 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.

    [[Page 354]]

                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; Pub.L.
                108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           431  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 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.)
           432  Sec. 68-4. Deposit of moneys for credit to account within
                    Senate contingent fund for ``Sergeant at Arms and
                    Doorkeeper of the Senate''.
                    Any provision of law which is enacted prior to October
                1, 1983, and which directs the Sergeant at Arms and
                Doorkeeper of the Senate to deposit any moneys in the United
                States Treasury for credit to the

    [[Page 355]]

                account, within the contingent fund of the Senate, for
                ``Miscellaneous Items'', or for ``Automobiles and
                Maintenance'' shall, on and after October 1, 1983, be deemed
                to direct him to deposit such moneys in the United States
                Treasury for credit to the account, within the contingent
                fund of the Senate, for the ``Sergeant at Arms and
                Doorkeeper of the Senate''. (Pub.L. 98-181, Title I, Sec.
                1202, Nov. 30, 1983, 97 Stat. 1289.)
           433  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.)
           434  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
                ``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

    [[Page 356]]

                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.)
           435  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.)
           436  Sec. 68-7. Senate Office of Public Records Revolving Fund.
                (a) Establishment
                    There is established in the Treasury of the United
                States a revolving fund within the contingent fund of the
                Senate to be known as the ``Senate Office of Public Records
                Revolving Fund'' (hereafter in this section referred to as
                the ``revolving fund'').
                (b) Source of moneys for deposit in Fund; availability of
                    moneys in Fund
                    All moneys received on and after October 1, 1989, by the
                Senate Office of Public Records from fees and other charges
                for services shall be deposited to the credit of the
                revolving fund. Moneys in the revolving fund shall be
                available without fiscal year limitation for disbursement by
                the Secretary of the Senate for use in connection with the
                operation of the Senate Office of Public Records including
                supplies, equipment, and other expenses.
                (c) Vouchers
                    Disbursements from the revolving fund shall be made upon
                vouchers approved by the Secretary of the Senate.
                (d) Regulations
                    The Secretary of the Senate is authorized to prescribe
                such regulations as may be necessary to carry out the
                provisions of this section.
                (e) Transfer of moneys into Fund
                    To provide capital for the revolving fund, the Secretary
                of the Senate is authorized to transfer, from moneys
                appropriated for fiscal year 1990 to the account
                ``Miscellaneous Items'' in the contingent fund of the
                Senate, to the revolving fund such sum as he may determine
                necessary, not to exceed $30,000. (Pub.L. 101-163, Title I,
                Sec. 13, Nov. 21, 1989, 103 Stat. 1047.)

    [[Page 357]]

           437  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.)

           438  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.)
           439  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

    [[Page 358]]

                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.)
           440  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 \1\ 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.)
                    \1\ 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.
           441  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.)

           442  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.)

    [[Page 359]]

                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 428).
           443  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.)
           444  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 $30,000 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; Pub.L. 108-
                83, Title I, Sec. 4, Sept. 30, 2003, 117 Stat. 1013; Pub.L.
                110-161, Div. H, Title I, Sec. 6(a), Dec. 26, 2007, 121
                Stat. 2222.)
           445  Sec. 69b. Senate Leader's Lecture Series.
                    (a) There is established the Senate Leader's Lecture
                Series (hereinafter referred to as the ``lecture series'').
                Expenses incurred in connection with the lecture series
                shall be paid from the appropriations account ``Secretary of
                the Senate'' within the contingent fund of the Senate and
                shall not exceed $30,000 in any fiscal year.
                    (b) Payments for expenses in connection with the lecture
                series may cover expenses incurred by speakers, including
                travel, subsistence, and per diem, and the cost of
                receptions, including food, food related items, and
                hospitality.
                    (c) Payments for expenses of the lecture series shall be
                made on vouchers approved by the Secretary of the Senate.
                    (d) This section is effective on and after October 1,
                1997.

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

    [[Page 360]]

           446  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 the House of Representatives pursuant to
                resolutions, which, in the case of the Senate, shall specify
                the maximum amounts which may be used for such purpose,
                approved by the appropriate House, to procure the temporary
                services (not in excess of one year) or intermittent
                services of individual consultants, or organizations
                thereof, to make studies or advise the committee with
                respect to any matter within its jurisdiction or with
                respect to the administration of the affairs of the
                committee.
                    (2) Such services in the case of individuals or
                organizations may be procured by contract as independent
                contractors, or in the case of individuals by employment at
                daily rates of compensation not in excess of the per diem
                equivalent of the highest gross rate of compensation

    [[Page 361]]

                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 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 re

    [[Page 362]]

                spect 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.)
           447  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, 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

    [[Page 363]]

                with respect to such committee is terminated. (Pub.L. 95-94,
                Title I, Sec. 111(c), Aug. 5, 1977, 91 Stat. 662.)
           448  Sec. 72a-1f. Designation by Senator who is Chairman or Vice
                    Chairman of Senate Select Committee on Ethics of
                    employee in office of that Senator to perform part-time
                    service for Committee; amount reimbursable; procedure
                    applicable.
                    Notwithstanding any other provisions of law, a Senator
                who is the Chairman or Vice Chairman of the Senate Select
                Committee on Ethics may designate one employee employed in
                his Senate office to perform part-time service for such
                Committee, and such Committee shall reimburse such Senator
                for such employee's services for the Committee by
                transferring from the contingent fund of the Senate, upon
                vouchers approved by the Chairman of such Committee, to such
                Senator's Administrative, Clerical, and Legislative
                Assistance Allowance, with respect to each pay period of
                such employee, an amount which bears the same ratio to such
                employee's salary (but not more than one-half of such
                salary) for such period, as the portion of the time spent
                (or to be spent) by such employee in performing services for
                such Committee during such period bears to the total time
                for which such employee worked (or will work) during such
                period (as determined by the Chairman of such Committee) for
                such Committee and in such Senator's office. Any funds
                transferred under authority of the preceding sentence to a
                Senator's Administrative, Clerical, and Legislative
                Assistance \1\ shall be available for the same purposes and
                in like manner as funds therein which were not transferred
                thereto under such authority. For purposes of any law of the
                United States, a State, a territory, or a political
                subdivision thereof, an employee designated by a Senator
                pursuant to this section shall be considered to be an
                employee of such Senator's Senate office and not an employee
                of the Senate Select Committee on Ethics. (Pub.L. 98-367,
                Title I, Sec.  10, July 17, 1984, 98 Stat. 476.)
                    \1\ So in original. Probably should be ``Assistance
                    Allowance''.
           449  Sec. 72a-1g. Referral of ethics violations by Senate Ethics
                    Committee to Government Accountability 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 Government Accountability
                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;
                Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           450  Sec. 72a-1h. Mandatory Senate ethics training for members
                    and staff.
                (a) Training program
                    The Select Committee on Ethics shall conduct ongoing
                ethics training and awareness programs for Members of the
                Senate and Senate staff.

    [[Page 364]]

                (b) Requirements
                    The ethics training program conducted by the Select
                Committee on Ethics shall be completed by--
                                (1) new Senators or staff not later than 60
                            days after commencing service or employment; and
                                (2) Senators and Senate staff serving or
                            employed on September 14, 2007 not later than
                            165 days after September 14, 2007. (Pub.L. 110-
                            81, Title V, Sec. 553, Sept. 14, 2007, 121 Stat.
                            773.)
           451  Sec. 72a-1i. Annual report by Select Committee on Ethics.
                    The Select Committee on Ethics of the Senate shall issue
                an annual report due no later than January 31, describing
                the following:
                                (1) The number of alleged violations of
                            Senate rules received from any source, including
                            the number raised by a Senator or staff of the
                            committee.
                                (2) A list of the number of alleged
                            violations that were dismissed--

                                    (A) for lack of subject matter
                                jurisdiction or, in which, even if the
                                allegations in the complaint are true, no
                                violation of Senate rules would exist; or

                                    (B) because they failed to provide
                                sufficient facts as to any material
                                violation of the Senate rules beyond mere
                                allegation or assertion.

                                (3) The number of alleged violations in
                            which the committee staff conducted a
                            preliminary inquiry.
                                (4) The number of alleged violations that
                            resulted in an adjudicatory review.
                                (5) The number of alleged violations that
                            the committee dismissed for lack of substantial
                            merit.
                                (6) The number of private letters of
                            admonition or public letters of admonition
                            issued.
                                (7) The number of matters resulting in a
                            disciplinary sanction.
                                (8) Any other information deemed by the
                            committee to be appropriate to describe its
                            activities in the preceding year. (Pub.L. 110-
                            81, Title V, Sec. 554, Sept. 14, 2007, 121 Stat.
                            773.)
           452  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 except that any approval (and related
                            reporting requirement) shall not apply); and
                                (6) to provide for the training of the
                            professional staff of such committee (under
                            procedures specified by section 72a(j) of this
                            title).

    [[Page 365]]

                    (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;
                Pub.L. 109-55, Sec. 6, Aug. 2, 2005, 119 Stat. 568.)
           453  Sec. 72d-1. Transfer of funds from the appropriation
                    accounts for salaries or expenses for the Appropriations
                    Committee of the Senate.
                    (a)(1) The Chairman of the Appropriations Committee of
                the Senate may, during any fiscal year, at his or her
                election transfer funds from the appropriation account for
                salaries for the Appropriations Committee of the Senate, to
                the account, within the contingent fund of the Senate, from
                which expenses are payable for such committee.
                    (2) The Chairman of the Appropriations Committee of the
                Senate may, during any fiscal year, at his or her election
                transfer funds from the appropriation account for expenses,
                within the contingent fund of the Senate, for the
                Appropriations Committee of the Senate, to the account from
                which salaries are payable for such committee.
                    (b) Any funds transferred under this section shall be--
                                (1) available for expenditure by such
                            committee in like manner and for the same
                            purposes as are other moneys which are available
                            for expenditure by such committee from the
                            account to which the funds were transferred; and
                                (2) made at such time or times as the
                            Chairman shall specify in writing to the Senate
                            Disbursing Office.
                    (c) This section shall take effect on October 1, 1998,
                and shall be effective with respect to fiscal years
                beginning on or after that date.

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

           454  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.)
           455  Sec. 88a. Repealed (Pub.L. 104-186, Title II,
                    Sec. 204(34)(A), Aug. 20, 1996, 110 Stat. 1734).
           456

                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.)
           457  Sec. 88b-1. Congressional pages.
                (a) Appointment conditions
                    A person shall not be appointed as a page of the Senate
                or House of Representatives--

    [[Page 366]]

                                (1) unless he agrees that, in the absence of
                            unforeseen circumstances preventing his service
                            as a page after his appointment, he will
                            continue to serve as a page for a period
                            specified in writing at the time of the
                            appointment; and
                                (2) until complete information in writing is
                            transmitted to his parent or parents, his legal
                            guardian, or other appropriate person or persons
                            acting as his parent or parents, with respect to
                            the nature of the work of pages, their pay,
                            their working conditions (including hours and
                            scheduling of work), and the housing
                            accommodations available to pages.
                (b) Qualifications
                    A person shall not serve as a page--
                                (1) of the Senate before he has attained the
                            age of sixteen 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;
                            Pub.L. 108-447, Div. G, Title I, Sec. 9, Dec. 8,
                            2004, 118 Stat. 3170.)
           458  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.)

    [[Page 367]]

           459  Sec. 88c-2. Academic year and summer term for page program.
                    The page program shall consist of the two semesters of
                the academic year, plus a non-academic summer term. (Pub.L.
                98-367, Title I, Sec.  103, July 17, 1984, 98 Stat. 479;
                Pub.L. 104-186, Title II, Sec.  204(40)(B), Aug. 20, 1996,
                110 Stat. 1736.)
           460  Sec. 88c-3. Service of page during academic year and summer
                    term; filling of vacancies; eligibility.
                    (a)(1) Except as provided in subsection (b) of this
                section, a page serving during an academic year--

                                    (A) shall be in the eleventh grade; and

                                    (B) shall serve for one full semester or
                                two full semesters.

                                (2) Except as provided in subsection (b) of
                            this section, a page serving during the summer
                            term--

                                    (A) shall have completed the tenth
                                grade; and

                                    (B) shall not have begun the twelfth
                                grade.

                    (b)(1) An unforeseen vacancy occurring in a page
                position during an academic year may be filled, except that
                no appointment may be made under this paragraph for service
                to begin on or after October 1 with respect to the first
                semester or on or after March 1 with respect to the second
                semester.
                    (2) An individual who has served as a congressional page
                at any time during each of any three semesters or terms, as
                the case may be, shall not be eligible to serve as a page.
                (Pub.L. 98-367, Title I, Sec.  103, July 17, 1984, 98 Stat.
                479; Pub.L. 104-186, Title II, Sec.  204(40)(C) to (E), Aug.
                20, 1996, 110 Stat. 1736.)
           461  Sec. 88c-4. Definitions.
                    As used in sections 88c-2 to 88c-4 of this title, the
                term--
                    (1) ``academic year'' means a regular school year,
                consisting of two semesters;
                    (2) ``page'' means a page of the House of
                Representatives, but such term does not include a full time,
                permanent employee of the House of Representatives with
                supervisory responsibility for pages; and
                    (3) ``congressional page'' means a page of the House of
                Representatives or the Senate. (Pub.L. 98-367, Title I,
                Sec.  103, July 17, 1984, 98 Stat. 479; Pub.L. 104-186,
                Title II, Sec.  204(40)(F), Aug. 20, 1996, 110 Stat. 1736.)
           462  Sec. 92a. Pay of clerical assistants as affected by death of
                    Senator or Representative.
                    When a Senator or Member of the House of Representatives
                or Delegate or Resident Commissioner dies during his term of
                office the clerical assistants appointed by him, and then
                borne upon the pay rolls of the Senate or House of
                Representatives, shall be continued on such pay rolls in
                their respective positions and be paid for a period not
                longer than one month: Provided, That this shall not apply
                to clerical assistants of standing committees of the Senate
                or House of Representatives, when their service otherwise
                would continue beyond such period. (Feb. 23, 1927, c. 168,
                Sec.  1, 44 Stat. 1148.)
                                   EMPLOYEES OF THE SENATE
                    Pub.L. 98-473, Title I, Sec.  123A(a), Oct. 12, 1984, 98
                Stat. 1969, provided that: ``The provisions of the third
                paragraph under the heading `Clerical assistance to
                Senators' of the first section of the Legislative Branch
                Appropriation Act for

    [[Page 368]]

                the fiscal year ending June 30, 1928 (2 U.S.C. 92a) [this
                section] shall not be applicable to any employee of the
                Senate.''
           463  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.)
           464  Sec. 102a. Withdrawal of unexpended balances of
                    appropriations.
                    Notwithstanding the provisions of any other law, the
                unexpended balances of appropriations for the fiscal year
                1955 and succeeding fiscal years which are subject to
                disbursement by the Secretary of the Senate or the Chief
                Administrative Officer of the House of Representatives shall
                be withdrawn as of June 30 of the second fiscal year
                following the year for which provided, except that the
                unexpended balances of such appropriations for the period
                commencing on July 1, 1976, and ending on September 30,
                1976, and for each fiscal year beginning on or after October
                1, 1976, shall be withdrawn as of September 30 of the second
                fiscal year following the period or year for which provided.
                Unpaid obligations chargeable to any of the balances so
                withdrawn or appropriations for prior years shall be
                liquidated from any appropriations for the same general
                purpose, which, at the time of payment, are available for
                disbursement. (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.)
           465  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
                Government Accountability 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

    [[Page 369]]

                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 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.
                    (6) Beginning with the report covering the first full
                semiannual period of the 112th Congress, the Secretary of
                the Senate--
                                (1) shall publicly post on-line on the
                            website of the Senate each report in a
                            searchable, itemized format as required under
                            this section;

    [[Page 370]]

                                (2) shall issue each report required under
                            this section in electronic form; and
                                (3) may issue each report required under
                            this section in other forms at the discretion of
                            the Secretary of the Senate. (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; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L.
                            111-68, Div.A, Title I, Sec.  2, Oct. 1, 2009,
                            123 Stat. 2026.)
           466  Sec. 104d. Notification of post-employment restrictions.
                (a) Notification of post-employment restrictions
                    After a Member of Congress or an elected officer of
                either House of Congress leaves office, or after the
                termination of employment with the House of Representatives
                or the Senate of an employee who is covered under paragraph
                (2), (3), (4), or (5) of section 207(e) of Title 18, the
                Clerk of the House of Representatives, after consultation
                with the Committee on Standards of Official Conduct, or the
                Secretary of the Senate, as the case may be, shall notify
                the Member, officer, or employee of the beginning and ending
                date of the prohibitions that apply to the Member, officer,
                or employee under section 207(e) of that title.
                (b) Posting on Internet
                    The Clerk of the House of Representatives, with respect
                to notifications under subsection (a) of this section
                relating to Members, officers, and employees of the House,
                and the Secretary of the Senate, with respect to such
                notifications relating to Members, officers, and employees
                of the Senate, shall post the information contained in such
                notifications on the public Internet site of the Office of
                the Clerk or the Secretary of the Senate, as the case may
                be, in a format that, to the extent technically practicable,
                is searchable, sortable, and downloadable. (Pub.L. 110-81,
                Title I, Sec. 103, Sept. 14, 2007, 121 Stat. 739.)
           467  Sec. 104f. Notification of post-employment restrictions.
                (a) In general
                    After a Senator or an elected officer of the Senate
                leaves office or after the termination of employment with
                the Senate of an employee of the Senate, the Secretary of
                the Senate shall notify the Member, officer, or employee of
                the beginning and ending date of the prohibitions that apply
                to the Member, officer, or employee under rule XXXVII of the
                Standing Rules of the Senate.
                (b) Effective date
                    This section shall take effect 60 days after September
                14, 2007. (Pub.L. 110-81, Title V, Sec. 535, Sept. 14, 2007,
                121 Stat. 766.)

    [[Page 371]]

           468  Sec. 104g. Senate privately paid travel public website.
                (a) Travel disclosure
                    Not later than January 1, 2008, the Secretary of the
                Senate shall establish a publicly available website without
                fee or without access charge, that contains information on
                travel that is subject to disclosure under paragraph 2 of
                rule XXXV of the Standing Rules of the Senate, that
                includes, with respect to travel occurring on or after
                January 1, 2008--
                                (1) a search engine;
                                (2) uniform categorization by Member, dates
                            of travel, and any other common categories
                            associated with congressional travel; and
                                (3) forms filed in the Senate relating to
                            officially related travel.
                (b) Retention
                    The Secretary of the Senate shall maintain the
                information posted on the public Internet site of the Office
                of the Secretary under this section for a period not longer
                than 4 years after receiving the information.
                (c) Extension of authority
                    If the Secretary of the Senate is unable to meet the
                deadline established under subsection (a) of this section,
                the Committee on Rules and Administration of the Senate may
                grant an extension of the Secretary of the Senate.
                (e)\1\ Authorization of appropriations
                    \1\ So in original. Probably should be subsec. (d).
                    There are authorized to be appropriated such sums as are
                necessary to carry out this section. (Pub.L. 110-81, Title
                V, Sec. 546, Sept. 14, 2007, 121 Stat. 772.)
           469  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.)
           470  Sec. 106. Stationery for Senate; advertisements for.
                    The Secretary of the Senate shall annually advertise,
                once a week for at least four weeks, in one or more of the
                principal papers published in the District of Columbia, for
                sealed proposals for supplying the Senate during the next
                session of Congress with the necessary stationery. The
                advertisement must describe the kind of stationery required,
                and must require the proposals to be accompanied with
                sufficient security for their

    [[Page 372]]

                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.)
           471  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.)
           472  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.)
           473  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.)
           474  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.)
           475  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 373]]

           476  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.)
           477  Sec. 111b. Contracts to furnish property, supplies, or
                    services to Congress; terms varying from those offered
                    other entities of Federal Government.
                    Notwithstanding any provision to the contrary in any
                contract which is entered into by any person and either the
                Administrator of General Services or a contracting officer
                of any executive agency and under which such person agrees
                to sell or lease to the Federal Government (or any one or
                more entities thereof) any unit of property, supplies, or
                services at a specified price or under specified terms and
                conditions (or both), such person may sell or lease to the
                Congress the same type of such property, supplies, or
                services at a unit price or under terms and conditions (or
                both) which are different from those specified in such
                contract; and any such sale or lease of any unit or units of
                such property, supplies, or services to the Congress shall
                not be taken into account for the purpose of determining the
                price at which, or the terms and conditions under which,
                such person is obligated under such contract to sell or
                lease any unit of such property, supplies, or services to
                any entity of the Federal Government other than the
                Congress. For purposes of the preceding sentence, any sale
                or lease of property, supplies, or services to the Senate
                (or any office or instrumentality thereof) or to the House
                of Representatives (or any office or instrumentality
                thereof) shall be deemed to be a sale or lease of such
                property, supplies, or services to the Congress. (Pub.L. 98-
                63, Title I, Sec.  903(a), July 30, 1983, 97 Stat. 336.)
           478  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.)
           479  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 465.
                    The Secretary of the Senate and the Chief Administrative
                Officer of the House of Representatives, respectively, shall
                report to Congress

    [[Page 374]]

                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.)
           480  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.)
           481  Sec. 117. Sale of waste paper and condemned furniture.
                    It shall be the duty of the Secretary and Sergeant at
                Arms of the Senate to cause to be sold all waste paper and
                useless documents and condemned furniture that may
                accumulate, in their respective departments or offices,
                under the direction of the Committee on Rules and
                Administration of the Senate and cover the proceeds thereof
                into the Treasury. (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat.
                337; May 29, 1928, ch. 901, Sec. 1, 45 Stat. 995; Pub.L.
                104-186, Title II, Sec. 204(62), Aug. 20, 1996, 110 Stat.
                1739.)
           482  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.)
           483  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.)

    [[Page 375]]

           484  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.
                (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; Pub.L. 107-110, Title X, Sec. 1076(a),
                Jan. 8, 2002, 115 Stat. 2091.)
           485  Sec. 117c. Disposal of used or surplus automobiles and
                    trucks by Sergeant at Arms and Doorkeeper of Senate;
                    procedure; deposit of receipts.
                    On and after October 1, 1982, the Sergeant at Arms and
                Doorkeeper of the Senate is authorized to dispose of used or
                surplus automobiles and trucks by trade-in or by sale
                through the General Services Administration. Receipts from
                the sale of such automobiles and trucks shall be deposited
                in the United States Treasury for credit to the
                appropriation for ``Automobiles and Maintenance'' under the
                heading ``Contingent Expenses of the Senate''. (Pub.L. 97-
                276, Sec.  101(e), Oct. 2, 1982, 96 Stat. 1189.)

    [[Page 376]]

           486  Sec. 117d. Reimbursements to Sergeant at Arms and Doorkeeper
                    of Senate for equipment provided to Senators, etc.,
                    which has been lost, stolen, damaged, or otherwise
                    unaccounted for; deposit of receipts.
                    The Sergeant at Arms and Doorkeeper of the Senate shall
                deposit in the United States Treasury for credit to the
                appropriation account, within the contingent fund of the
                Senate, for the ``Sergeant at Arms and Doorkeeper of the
                Senate'', all moneys received by him as reimbursement for
                equipment provided to Senators, committee chairmen, and
                other officers and employees of the Senate, which has been
                lost, stolen, damaged, or otherwise unaccounted for. (Pub.L.
                98-367, Title I, Sec.  5, July 17, 1984, 98 Stat. 475.)
           487  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.)
           488  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.)
           489  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.)
           490  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

    [[Page 377]]

                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 921).
           491  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.

    [[Page 378]]

                    (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.)

           492  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) of Title 40 shall not
                be applicable to any class, service, or other activity
                carried out pursuant to the provisions of this section.

    [[Page 379]]

                (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.)
           493  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.
                    (3) The Secretary of the Senate may transfer from the
                fund to the Senate Employee Child Care Center proceeds from
                the sale of holiday ornaments by the Senate Gift Shop for
                the purpose of funding necessary activities and expenses of
                the Center, including scholarships, educational supplies,
                and equipment.
                (d) Exception to prohibition of sale or solicitation on
                    Capitol Grounds
                    The provisions of section 5104(c) of Title 40 shall not
                be applicable to any activity carried out pursuant to this
                section.
                (e) Transfer of moneys from Stationery Revolving Fund
                    To provide capital for the fund, the Secretary of the
                Senate is authorized to transfer, from moneys in the
                Stationery Revolving Fund in the contingent fund of the
                Senate, to the fund such sum as he may determine necessary,
                not to exceed $300,000.

    [[Page 380]]

                (f) Authorization to expend from appropriations account for
                    initial expenses
                    For the purpose of acquiring supplies, equipment, and
                meeting other initial expenses in implementing subsection
                (a) of this section, the Secretary of the Senate is
                authorized, upon October 6, 1992, to expend, from moneys
                appropriated to the appropriations account, within the
                contingent fund of the Senate, for expenses of the Secretary
                of the Senate, by the Legislative Branch Appropriations Act,
                1991, such amounts as may be necessary to carry out this
                section.
                (g) Disbursement on approved voucher
                    Disbursements from the fund shall be made upon vouchers
                approved by the Secretary of the Senate, or his designee.
                (h) Regulations
                    The Secretary of the Senate is authorized to prescribe
                such regulations as may be necessary to carry out the
                provisions of this section. (Pub.L. 102-392, Title I,
                Sec. 2, Oct. 6, 1992, 106 Stat. 1706; Pub.L. 107-68, Title
                I, Sec. 107(a), Nov. 12, 2001, 115 Stat. 568; Pub.L. 110-39,
                Sec. 1, June 21, 2007, 121 Stat. 231.)
           494  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.)
           495  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 Staff
                Health and Fitness Facility Revolving Fund (``the revolving
                fund'').
                    (b) The Architect of the Capitol shall deposit in the
                revolving fund--

    [[Page 381]]

                                (1) any amounts received as dues or other
                            assessments for use of the Senate Staff 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
                Staff 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 are in excess of the
                current and reasonably foreseeable needs of the Senate Staff
                Health and Fitness Facility.
                    (e) The Committee on Rules and Administration of the
                Senate shall promulgate regulations pertaining to the
                operation and use of the Senate Staff Health and Fitness
                Facility. (Pub.L. 106-554, Sec. 1(a)(2) [Title I, Sec. 4],
                Dec. 21, 2000, 114 Stat. 2763, 2763A-96; Pub.L. 108-7, Div.
                H, Title I, Sec. 1207, Feb. 20, 2003, 117 Stat. 375.)
           496  Sec. 121g. Authority of Attending Physician in response to
                    medical contingencies or public health emergencies at
                    Capitol.
                (a) In general
                    The Attending Physician to Congress shall have the
                authority and responsibility for overseeing and coordinating
                the use of medical assets in response to a bioterrorism
                event and other medical contingencies or public health
                emergencies occurring within the Capitol Buildings or the
                United States Capitol Grounds. This shall include the
                authority to enact quarantine and to declare death. These
                actions will be carried out in close cooperation and
                communication with the Commissioner of Public Health, Chief
                Medical Examiner, and other Public Health Officials of the
                District of Columbia government.
                (b) Definitions
                    In this section--
                                (1) the term ``Capitol Buildings'' has the
                            meaning given such term in section 5101 of Title
                            40; and
                                (2) the term ``United States Capitol
                            Grounds'' has the meaning given such term in
                            section 5102(a) of Title 40.
                (c) Effective Date
                    Subsection (a) of this section shall take effect on
                January 23, 2004, and shall apply during any fiscal year
                occurring on or after January 23, 2004. (Pub.L. 108-199,
                Div. H, Sec. 151, Jan. 23, 2004, 118 Stat. 448.)
           497  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 per

    [[Page 382]]

                forming 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 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.

    [[Page 383]]

                (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.
                (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

    [[Page 384]]

                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.
                (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,

    [[Page 385]]

                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.)
           498  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.)
           499  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.)
           500  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.)
           501  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.

    [[Page 386]]

                    (3) Within 90 days after the end of each fiscal year,
                the Secretary of the Senate shall withdraw all amounts in
                the revolving fund in excess of $100,000, other than amounts
                required to make refunds under subsection (b)(2)(B) of this
                section, and shall deposit the amounts withdrawn in the
                Treasury of the United States as miscellaneous receipts.
                (b) Contracts for use of Senate computer; approval; terms
                    (1) Subject to the provisions of paragraph (2), the
                Sergeant at Arms and Doorkeeper of the Senate is authorized
                to enter into contracts with any agency or instrumentality
                of the legislative branch for the use of any available time
                on the Senate computer.
                    (2) No contract may be entered into under paragraph (1)
                unless it has been approved by the Committee on Rules and
                Administration of the Senate, and no such contract may
                extend beyond the end of the fiscal year in which it is
                entered into. Each contract entered into under paragraph (1)
                shall contain--
                                (A) a provision requiring full advance
                            payment for the amount of time contracted for,
                            and
                                (B) a provision requiring refund of a
                            proportionate amount of such advance payment if
                            the total amount of time contracted for is not
                            used.

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

                (c) Additional personnel
                    To the extent that the personnel of the Senate Computer
                Center are unable to carry out the contracts entered into
                under subsection (b) of this section according to their
                terms and conditions, the Sergeant at Arms and Doorkeeper of
                the Senate is authorized to employ such additional personnel
                for the Senate Computer Center as may be necessary to carry
                out such contracts, and to pay the salaries of such
                additional personnel, and agency contributions attributable
                thereto, from the revolving fund. Such additional personnel
                may temporarily be assigned to perform the regular functions
                of the Senate Computer Center when their services are not
                needed to carry out such contracts.
                (d) Disbursements
                    Disbursements from the revolving fund under subsections
                (b) and (c) of this section shall be made upon vouchers
                signed by the Sergeant at Arms and Doorkeeper of the Senate,
                except that vouchers shall not be required for the
                disbursement of salaries of employees paid at an annual
                rate. (Pub.L. 94-303, Title I, Sec. 116, June 1, 1976, 90
                Stat. 614.)
           502  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.

    [[Page 387]]

                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.)
           503  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.)
           504  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.)
           505  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.)
           506  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--

    [[Page 388]]

                                (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.)
           507  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

    [[Page 389]]

                            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 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

    [[Page 390]]

                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.)
           508  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 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.

    [[Page 391]]

                (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.)
           509  Sec. 130e. Office of Congressional Accessibility Services.
                (a) Establishment of Office of Congressional Accessibility
                    Services
                                (1) Establishment
                                There is established in the legislative
                            branch the Office of Congressional Accessibility
                            Services, to be headed by the Director of
                            Accessibility Services.
                                (2) Congressional Accessibility Services
                            Board

                                    (A) Establishment

                                    There is established the Congressional
                                Accessibility Services Board, which shall be
                                composed of--

                                            (i) the Sergeant at Arms and
                                        Doorkeeper of the Senate;

                                            (ii) the Secretary of the
                                        Senate;

                                            (iii) the Sergeant at Arms of
                                        the House of Representatives;

                                            (iv) the Clerk of the House of
                                        Representatives; and

                                            (v) the Architect of the
                                        Capitol.

                                    (B) Direction of Board

                                    The Office of Congressional
                                Accessibility Services shall be subject to
                                the direction of the Congressional
                                Accessibility Services Board.

                                (3) Mission and functions

                                    (A) In general

                                    The Office of Congressional
                                Accessibility Services shall--

                                            (i) provide and coordinate
                                        accessibility services for
                                        individuals with disabilities,
                                        including Members of Congress,
                                        officers and employees of the House
                                        of Representatives and the Senate,
                                        and visitors, in the United States
                                        Capitol Complex; and

                                            (ii) provide information
                                        regarding accessibility for
                                        individuals with disabilities, as
                                        well as related training and staff
                                        development, to Members of Congress
                                        and employees of the Senate and the
                                        House of Representatives.

                                    (B) United States Capitol Complex
                                defined

                                    In this paragraph, the term ``United
                                States Capitol Complex'' means the Capitol
                                buildings (as defined in section 5101 of
                                Title 40) and the United States Capitol
                                Grounds (as described in section 5102 of
                                such title).

    [[Page 392]]

                (b) Director of Accessibility Services
                                (1) Appointment, pay, and removal

                                    (A) Appointment and pay

                                    The Director of Accessibility Services
                                shall be appointed by the Congressional
                                Accessibility Services Board and shall be
                                paid at a rate of pay determined by the
                                Congressional Accessibility Services Board.

                                    (B) Removal

                                    Upon removal of the Director of
                                Accessibility Services, the Congressional
                                Accessibility Services Board shall
                                immediately provide notice of the removal to
                                the Committee on Rules and Administration of
                                the Senate, the Committee on House
                                Administration of the House of
                                Representatives, and the Committees on
                                Appropriations of the House of
                                Representatives and Senate. The notice shall
                                include the reasons for the removal.

                                (2) Personnel and other administrative
                            functions

                                    (A) Personnel, disbursements, and
                                contracts

                                    In carrying out the functions of the
                                Office of Congressional Accessibility
                                Services under subsection (a), the Director
                                of Accessibility Services shall have the
                                authority to--

                                            (i) appoint, hire, and fix the
                                        compensation of such personnel as
                                        may be necessary for operations of
                                        the Office of Congressional
                                        Accessibility Services, except that
                                        no employee may be paid at an annual
                                        rate in excess of the annual rate of
                                        pay for the Director of
                                        Accessibility Services;

                                            (ii) take appropriate
                                        disciplinary action, including, when
                                        circumstances warrant, suspension
                                        from duty without pay, reduction in
                                        pay, demotion, or termination of
                                        employment with the Office of
                                        Congressional Accessibility
                                        Services, against any employee;

                                            (iii) disburse funds as may be
                                        necessary and available for the
                                        needs of the Office of Congressional
                                        Accessibility Services; and

                                            (iv) serve as contracting
                                        officer for the Office of
                                        Congressional Accessibility
                                        Services.

                                    (B) Agreements with the Office of the
                                Architect of the Capitol, with other
                                legislative branch agencies, and with
                                offices of the Senate and House of
                                Representatives

                                    Subject to the approval of the Committee
                                on Rules and Administration of the Senate
                                and the Committee on House Administration of
                                the House of Representatives, the Director
                                of Accessibility Services may place orders
                                and enter into agreements with the Office of
                                the Architect of the Capitol, with other
                                legislative branch agencies, and with any
                                office or other entity of the Senate or
                                House of Representatives for procuring goods
                                and providing financial and administrative
                                services on behalf of the Office of
                                Congressional Accessibility Services, or to
                                otherwise assist the Director in the
                                administration and management of the Office
                                of Congressional Accessibility Services.

                                (3) Semiannual reports

                                    The Director of Accessibility Services
                                shall submit a report to the Committee on
                                Rules and Administration of the Senate and
                                the Committee on House Administration of the
                                House of

    [[Page 393]]

                                Representatives not later than 45 days
                                following the close of each semiannual
                                period ending on March 31 or September 30 of
                                each year on the financial and operational
                                status during the period of each function
                                under the jurisdiction of the Director. Each
                                such report shall include financial
                                statements and a description or explanation
                                of current operations, the implementation of
                                new policies and procedures, and future
                                plans for each function.

                (Pub.L. 101-163, Title III, Sec.  310, Nov. 21, 1989, 103
                Stat. 1065; Pub.L. 104-53, Title I, Sec.  112, Nov. 19,
                1995, 109 Stat. 525; Pub.L. 110-437, Title IV, Sec.  411(a),
                Oct. 20, 2008, 122 Stat. 4993.)

           510  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 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

           511  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.)
           512  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.)
           513  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.

    [[Page 394]]

                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 516).
           514  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.)
           515  Sec. 133. Joint Committee during recess of Congress.
                    The portion of the Joint Committee of Congress on the
                Library on the part of the Senate remaining in office as
                Senators shall during the recess of Congress exercise the
                powers and discharge the duties conferred by law upon the
                Joint Committee of Congress on the Library. (Mar. 3, 1883,
                ch. 141, Sec. 2, 22 Stat. 592; Aug. 2, 1946, ch. 753,
                Sec. 223, 60 Stat. 838.)
           516  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.)
           517  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.)
           518  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.)
           519  Sec. 139. Omitted.

           520  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
                mainte

    [[Page 395]]

                nance 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.)
           521  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 738 through 747).
           522  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 1613 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 1623).
           523  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 hear

    [[Page 396]]

                ings of testimony taken by each committee of the Congress at
                the preceding session. (Aug. 2, 1946, ch. 753, Sec. 141, 60
                Stat. 834.)
           524  Sec. 146. Deposit of Journals of Senate and House.
                    Twenty-five copies of the public Journals of the Senate,
                and of the House of Representatives, shall be deposited in
                the Library of the United States, at the seat of government,
                to be delivered to Members of Congress during any session,
                and to all other persons authorized by law to use the books
                in the Library, upon their application to the Librarian, and
                giving their responsible receipts for the same, in like
                manner as for other books. (R.S. Sec. 98.)
           525  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.)
           526  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.)
           527  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

    [[Page 397]]

                enter it in a special account to the credit of the Library
                of Congress and subject to disbursement by the librarian for
                the purposes in each case specified; and the Treasurer of
                the United States is authorized to honor the requisitions of
                the librarian made in such manner and in accordance with
                such regulations as the Treasurer may from time to time
                prescribe: Provided, however, That the board is not
                authorized to engage in any business nor to exercise any
                voting privilege which may be incidental to securities in
                its hands, nor shall the board make any investments that
                could not lawfully be made by a trust company in the
                District of Columbia, except that it may make any
                investments directly authorized by the instrument of gift,
                and may retain any investments accepted by it. (Mar. 3,
                1925, ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch.
                213, 49 Stat. 1205.)
           528  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.)
           529  Sec. 158a. Temporary possession of gifts of money or
                    securities to Library of Congress; investment.
                    In the case of a gift of money or securities offered to
                the Library of Congress, if, because of conditions attached
                by the donor or similar considerations, expedited action is
                necessary, the Librarian of Congress may take temporary
                possession of the gift, subject to approval under section
                156 of this title. The gift shall be receipted for and
                invested, reinvested, or retained as provided in section 157
                of this title, except that--
                                (1) a gift of securities may not be invested
                            or reinvested; and
                                (2) any investment or reinvestment of a gift
                            of money shall be made in an interest bearing
                            obligation of the United States or an obligation
                            guaranteed as to principal and interest by the
                            United States.

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

    [[Page 398]]

           530  Sec. 159. Perpetual succession and suits by or against
                    Library of Congress Trust Fund Board.
                    The board shall have perpetual succession, with all the
                usual powers and obligations of a trustee, including the
                power to sell, except as herein limited, in respect of all
                property, moneys, or securities which shall be conveyed,
                transferred, assigned, bequeathed, delivered, or paid over
                to it for the purposes above specified. The board may be
                sued in the United States District Court for the District of
                Columbia, which is given jurisdiction of such suits, for the
                purpose of enforcing the provisions of any trust accepted by
                it. (Mar. 3, 1925, ch. 423, Sec. 3, 43 Stat. 1108; Jan. 27,
                1926, ch. 6, Sec. 1, 44 Stat. 2; June 25, 1936, ch. 804, 49
                Stat. 1921; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat.
                991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)
           531  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.)

           532  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.)
           533  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;

    [[Page 399]]

                      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.
                (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

    [[Page 400]]

                            within that committee's jurisdiction, or of
                            recommendations submitted to Congress, by the
                            President or any executive agency, so as to
                            assist the committee in--

                                    (A) determining the advisability of
                                enacting such proposals;

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

                                    (C) evaluating alternative methods for
                                accomplishing those results;

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

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

    [[Page 401]]

                    (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.
                (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,

    [[Page 402]]

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

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

                      and
                                (2) to establish and change, from time to
                            time, as he considers advisable, within the
                            Congressional Research Service, such research
                            and reference divisions or other organizational
                            units, or both, as he considers necessary to
                            accomplish the purposes of this section.
                (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

    [[Page 403]]

                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 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.''
           534  Sec. 181. Program for exchange of information among
                    legislative branch agencies.
                    (a) On September 16, 1996, there shall be established a
                program for providing the widest possible exchange of
                information among legislative branch agencies with the long-
                range goal of improving information technology planning and
                evaluation. The Committee on House Oversight of the House of
                Representatives and the Committee on Rules and
                Administration of the Senate are requested to determine the
                structure and operation of this program and to provide
                appropriate oversight. All of the appropriate offices and
                agencies of the legislative branch as defined below shall
                participate in this program for information exchange, and
                shall report annually on the extent and nature of their
                participation in their budget submissions to the Committee
                on Appropriations of the House of Representatives and the
                Committee on Appropriations of the Senate.
                    (b) As used in this section--
                                (1) the term ``offices and agencies of the
                            legislative branch'' means, the office of the
                            Clerk of the House, the office of the Secretary
                            of the Senate, the office of the Architect of
                            the Capitol, the Government Accountability
                            Office, the Government Printing Office, the
                            Library of Congress, the Congressional Research
                            Service, the Congressional Budget Office, the
                            Chief Administrative Officer of the House of
                            Representatives, and the Sergeant at Arms of the
                            Senate; and
                                (2) the term ``technology'' refers to any
                            form of computer hardware and software;
                            computer-based systems, services, and support
                            for the creation, processing, exchange, and
                            delivery of information; and telecommunications
                            systems, and the associated hardware and
                            software, that provide for voice, data, or image
                            communication. (Pub.L. 104-197, Title III, Sec.
                            314, Sept. 16, 1996, 110 Stat. 2415; Pub.L. 108-
                            271, Sec.  8(b), July 7, 2004, 118 Stat. 814.)

    [[Page 404]]

                     Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE:
                                       INVESTIGATIONS

           535  Sec. 190l. Private claims pending before Congress; taking of
                    testimony.
                    Any committee of either House of Congress before which
                any private claim against the United States may at any time
                be pending, being first thereto authorized by the House
                appointing them, may order testimony to be taken, and books
                and papers to be examined, and copies thereof proved, before
                any standing master in chancery within the judicial district
                where such testimony or evidence is to be taken. Such master
                in chancery, upon receiving a copy of the order of such
                committee, signed by its chairman, setting forth the time
                and place when and where such examination is to be had, the
                questions to be investigated, and, so far as may be known to
                the committee, the names of the witnesses to be examined on
                the part of the United States, and the general nature of the
                books, papers, and documents to be proved, if known, shall
                proceed to give to such private parties reasonable notice of
                the time and place of such examination, unless such notice
                shall have been or shall be given by such committee or its
                chairman, or by the attorney or agent of the United States,
                or waived by such private party. And such master shall issue
                subpoenas for such witnesses as may have been named in the
                order of such committee, and such others as the agent or
                other representative of the United States hereinafter
                mentioned shall request. And he shall also issue subpoenas
                at the request of such private party, or parties, for such
                witnesses within such judicial district as they may desire:
                Provided, That the United States shall not be liable for the
                fees of any officer for serving any subpoena for any private
                party, nor for the fees of any witness on behalf of such
                party. Said committee may inform the United States attorney
                for the district where the testimony is to be taken of the
                time, place, and object of such examination, and request his
                attendance in behalf of the Government in conducting such
                examination, in which case it shall be his duty to attend in
                person, or by an assistant employed by him, to conduct such
                examination on the part of the United States, or such
                committee may, at its option, appoint an agent or attorney,
                or one of its own members, for that purpose, as they may
                deem best; and in that event, if the committee shall not be
                unanimous, the minority of the committee may also appoint
                such agent or attorney or member of such committee to attend
                and take part in such examination. (Feb. 3, 1879, c. 40,
                Sec.  1, 20 Stat. 278; Mar. 3, 1911, c. 231, Sec.  291, 36
                Stat. 1167; June 25, 1948, c. 646, Sec.  1, 62 Stat. 909.)
           536  Sec. 190m. Subpoena for taking testimony; compensation of
                    officers and witnesses; return of depositions.
                    It shall be the duty of the marshal of the United States
                for the district in which the testimony is to be taken to
                serve, or cause to be served, all subpoenas issued in behalf
                of the United States under this section and section 190l of
                this title, in the same manner as if issued by the district
                court for his district; and he shall, upon being first paid
                his fees therefor, serve any subpoenas that may be issued at
                the instance of such private party or parties. And the said
                master may, in his discretion, appoint any other person to
                serve any subpoena. Such master shall have full power to
                administer oaths to witnesses,

    [[Page 405]]

                and the same power to issue attachments to compel the
                attendance of witnesses and the production of books, papers,
                and documents, as the district court of his district would
                have in a case pending before it; and it shall be his duty
                to report the conduct of contumacious witnesses before him
                to the House of Congress appointing such committee. The
                compensation of such master in chancery, and the fees of
                marshals and deputy marshals, and of any person appointed to
                serve papers, shall be the same as for like services in
                equity cases in the district court of the United States; and
                the compensation of witnesses shall be the same as for like
                attendance and travel of witnesses before such district
                courts; and all such fees and compensation of officers and
                witnesses on behalf of the United States, and other expenses
                of all investigations which may be had under the provisions
                of this section and section 190l of this title on the part
                of the United States, shall be paid out of the contingent
                fund of the Senate, in the case of a committee of the
                Senate, or the applicable accounts of the House of
                Representatives, in the case of a committee of the House of
                Representatives. Said master, when the examination is
                concluded, shall attach together all the depositions and
                exhibits, and attach thereto his certificate setting forth
                or referring to the authority by which they were taken, any
                notices he may have given, the names of the witnesses for
                whom subpoenas or attachments were issued, the names of
                witnesses who attended, with the time of attendance and
                mileage and fees of each witness on behalf of the United
                States, which he may require to be shown by affidavit, his
                own fees, the fees of the marshal, his deputies or other
                persons serving papers, giving the items, and such other
                facts in relation to the circumstances connected with the
                taking of the depositions as he may deem material. He shall
                then seal up such depositions and papers securely, direct
                them to the chairman of such committee at Washington,
                stating briefly on the outside the nature of the contents,
                and place the same in the post office, paying the postage
                thereon; and said package shall be opened only in the
                presence of such committee. The chairman of any committee
                ordering testimony to be taken under this section and
                section 190l of this title shall, at least ten days before
                the time fixed for such examination, and within two days
                after the adoption of such order, cause a copy thereof to be
                directed and delivered to the Attorney General of the United
                States, or sent to him by mail at the Department of Justice,
                to enable him to give such instructions as he may deem best
                to the United States attorney of the district where such
                testimony is to be taken, who may, and, if required by the
                Attorney General, shall, though not requested by the
                committee, appear for the United States in person or by
                assistant, and take such part in such examination as the
                Attorney General shall direct. (Feb. 3, 1879, c. 40, Sec.
                2, 20 Stat. 279; Mar. 3, 1911, c. 231, Sec.  291, 36 Stat.
                1167; June 25, 1948, c. 646, Sec.  1, 62 Stat. 909; Aug. 20,
                1996, Pub.L. 104-186, Title II, Sec.  206(2), 110 Stat.
                1742.)
           537  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.

    [[Page 406]]

                    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.)
           538  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.)
           539  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.)
           540  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.)
           541  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 establish

    [[Page 407]]

                ment 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.)
           542  Sec. 194b. Omitted.
           543

                Sec. 195a. Restriction on payment of witness fees or travel
                    and subsistence expenses to persons subpoenaed 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 subpoena 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
                subpoena. (Pub.L. 86-628, July 12, 1960, 74 Stat. 449.)
           544  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.)
           545  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.)
           546  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.)

    [[Page 408]]

           547  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 (Senate Manual
                Sections 820 through 833).

                          Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL

           548  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.)
           549  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.)
           550  Sec. 273. Compensation.
                    The Legislative Counsel of the Senate shall be paid at
                an annual rate of compensation of $40,000. (Feb. 24, 1919,
                ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234,
                Sec. 1101, 43 Stat. 353, and amended June 18, 1940, ch. 396,
                Sec. 1, 54 Stat. 472; Sept. 20, 1941, ch. 412, Title VI,
                Sec. 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, Sec. 6(c),
                63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. Sec. 9, 101, 69
                Stat. 509, 514; July 1, 1957, Pub.L. 85-75, Sec. 101, 71
                Stat. 250; Aug. 14, 1964, Pub.L. 88-426, Title II,
                Sec. 203(g), 78 Stat. 415; Aug. 13, 1974, Pub.L. 93-371,
                Sec. 101(4), 88 Stat. 429; July 25, 1975, Pub.L. 94-59,
                Title I, Sec. 105, 89 Stat. 275.)
           551  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.)
                Note
                    Designation of Deputy Legislative Counsel

                    Pub.L. 106-57, Title I, Sec. 6, Sept. 29, 1999, 113
                Stat. 412, provided that: ``The Legislative Counsel may,
                subject to the approval of the President pro tempore of the
                Senate, designate one of the Senior Counsels appointed under
                section 102 of the Legislative Branch Appropriation Act,
                1979 (2 U.S.C. 274 note; Public Law 95-391; 92 Stat. 771) as
                Deputy Legislative Counsel. The Deputy Legislative Counsel
                shall perform the functions of the Legislative Counsel
                during the absence or disability of the Legislative Counsel,
                or when the office is vacant.''
           552  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

    [[Page 409]]

                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.)
           553  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.)
           554  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.)
           555  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.)

                         Chapter 9D.--OFFICE OF SENATE LEGAL COUNSEL

           556  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.

    [[Page 410]]

                    (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 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.

    [[Page 411]]

                (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.)
           557  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.
                (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.)
           558  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 subpoena
                    The Counsel shall bring a civil action to enforce a
                subpoena 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.

    [[Page 412]]

                (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.)
           559  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 subpoena or order,
                            taken by the Senate, or such committee,
                            subcommittee, Member, officer, or employee in
                            its or his official or representative capacity;
                            or
                                (2) defend the Senate or a committee,
                            subcommittee, Member, officer, or employee of
                            the Senate in any proceeding with respect to any
                            subpoena 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.)
           560  Sec. 288d. Enforcement of Senate subpoena 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 subpoena or order issued by the Senate or a committee or
                a subcommittee of the Senate authorized to issue a subpoena
                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 au

    [[Page 413]]

                thorization 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 subpoena;

                                    (B) the extent to which the party
                                subpoenaed has complied with such subpoena;

                                    (C) any objections or privileges raised
                                by the subpoenaed 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
                                (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.)
           561  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

    [[Page 414]]

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

    [[Page 415]]

                            tarian of the Senate, regarding any subpoena,
                            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; Pub.L. 108-271, Sec. 8(b), July 7,
                2004, 118 Stat. 814.)
           564  Sec. 288h. Defense of certain constitutional powers.
                    In performing any function under this chapter, the
                Counsel shall defend vigorously when placed in issue--
                                (1) the constitutional privilege from arrest
                            or from being questioned in any other place for
                            any speech or debate under section 6 of article
                            I of the Constitution of the United States;
                                (2) the constitutional power of the Senate
                            to be judge of the elections, returns, and
                            qualifications of its own Members and to punish
                            or expel a Member under section 5 of article I
                            of the Constitution of the United States;
                                (3) the constitutional power of the Senate
                            to except from publication such parts of its
                            journal as in its judgment may require secrecy;
                                (4) the constitutional power of the Senate
                            to determine the rules of its proceedings;
                                (5) the constitutional power of Congress to
                            make all laws as shall be necessary and proper
                            for carrying into execution the constitutional
                            powers of Congress and all other powers vested
                            by the Constitution in the Government of the
                            United States, or in any department or office
                            thereof;
                                (6) all other constitutional powers and
                            responsibilities of the Senate or of Congress;
                            and
                                (7) the constitutionality of Acts and joint
                            resolutions of the Congress. (Pub.L. 95-521,
                            Title VII, Sec. 709, Oct. 26, 1978, 92 Stat.
                            1881.)
           565  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

    [[Page 416]]

                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
                                (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.)
           566  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,

    [[Page 417]]

                            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
                                (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.)
           567  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; Pub.L. 108-7,
                Div. H, Title I, Sec. 110(b), Feb. 20, 2003, 117 Stat. 355.)
           568  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

    [[Page 418]]

                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
                subsection shall not apply 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.)
           569  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.)
           570  Sec. 288n. Travel and related expenses.
                    Funds expended by the Senate Legal Counsel for travel
                and related expenses shall be subject to the same
                regulations and limitations (insofar as they are applicable)
                as those which the Senate Committee on Rules and
                Administration prescribes for application to travel and
                related expenses for which payment is authorized to be made
                from the contingent fund of the Senate. (Pub.L. 98-51, Title
                I, Sec.  106, July 14, 1983, 97 Stat. 267.)

                  Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND
                                        COMPENSATION

           571  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.)
           572  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;

    [[Page 419]]

                                (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 Commission and shall be allowed travel expenses,
                including a per diem allowance, in accordance with section
                5703 of Title 5, when engaged in the performance of services
                for the Commission.
                    (8)(A) The terms of office of persons first appointed as
                members of the Commission shall be for the period of the
                1993 fiscal year of the Federal Government, and shall begin
                not later than February 14, 1993.
                    (B) After the close of the 1993 fiscal year of the
                Federal Government, persons shall be appointed as members of
                the Commission with respect to every fourth fiscal year
                following the 1993 fiscal year. The terms of office of
                persons so appointed shall be for the period of the fiscal
                year with respect to which the appointment is made, except
                that, if any appointment is made after the beginning and
                before the close of any such fiscal year, the term of office
                based on such appointment shall be for the remainder of such
                fiscal year.
                    (C)(i) Notwithstanding any provision of subparagraph (A)
                or (B), members of the Commission may continue to serve
                after the close of a fiscal year, if the date designated by
                the President under section 357 of this title (relating to
                the date by which the Commission is to submit its report to
                the President) is subsequent to the close of such fiscal
                year, and only if or to the extent necessary to allow the
                Commission to submit such report.

    [[Page 420]]

                    (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.)
           573  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.)
           574  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.)
           575  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.)
           576  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);

    [[Page 421]]

                                (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.)

           577  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.)
           578  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.

    [[Page 422]]

                    (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.)
           579  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.
                    (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.)

    [[Page 423]]

           580  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.)
           581  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.
           582  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

    [[Page 424]]

                            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.)
           583  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.)
           584  Sec. 364. Provision relating to certain other pay
                    adjustments.
                    (1) A provision of law increasing the rate of pay
                payable for an office or position within the purview of
                subparagraph (A), (B), (C), or (D) of section 356 of this
                title shall not take effect before the beginning of the
                Congress following the Congress during which such provision
                is enacted.
                    (2) For purposes of this section, a provision of law
                enacted during the period beginning on the Tuesday following
                the first Monday of November of an even-numbered year of any
                Congress and ending at noon on the following January 3 shall
                be considered to have been enacted during the first session
                of the following Congress.
                    (3) Nothing in this section shall be considered to apply
                with 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

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

    [[Page 425]]

                           Chapter 14.--FEDERAL ELECTION CAMPAIGNS

                     Subchapter I.--Disclosure of Federal Campaign Funds

           586  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--

                                    (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

    [[Page 426]]

                            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, 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;

    [[Page 427]]

                                    (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,

                                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

    [[Page 428]]

                                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.

                                (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
                                admin

    [[Page 429]]

                                istrative 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 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;

    [[Page 430]]

                                    (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--

                                    (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

    [[Page 431]]

                            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 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 subparagraph (A)(i) or (ii);

    [[Page 432]]

                                    (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;

                                            (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

    [[Page 433]]

                                            (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.)

           587  Sec. 432. Organization of political committees.
                (a) Treasurer; vacancy; official authorizations
                    Every political committee shall have a treasurer. No
                contribution or expenditure shall be accepted or made by or
                on behalf of a political committee during any period in
                which the office of treasurer is vacant. No expenditure
                shall be made for or on behalf of a political committee
                without the authorization of the treasurer or his or her
                designated agent.
                (b) Account of contributions; segregated funds
                    (1) Every person who receives a contribution for an
                authorized political committee shall, no later than 10 days
                after receiving such contribution, forward to the treasurer
                such contribution, and if the amount of the contribution is
                in excess of $50 the name and address of the person making
                the contribution and the date of receipt.
                    (2) Every person who receives a contribution for a
                political committee which is not an authorized committee
                shall--
                                (A) if the amount of the contribution is $50
                            or less, forward to the treasurer such
                            contribution no later than 30 days after
                            receiving the contribution; and
                                (B) if the amount of the contribution is in
                            excess of $50, forward to the treasurer such
                            contribution, the name and address of the person
                            making the contribution, and the date of receipt
                            of the contribution, no later than 10 days after
                            receiving the contribution.
                    (3) All funds of a political committee shall be
                segregated from, and may not be commingled with, the
                personal funds of any individual.
                (c) Recordkeeping
                    The treasurer of a political committee shall keep an
                account of--
                                (1) all contributions received by or on
                            behalf of such political committee;
                                (2) the name and address of any person who
                            makes any contribution in excess of $50,
                            together with the date and amount of such
                            contribution by any person;
                                (3) the identification of any person who
                            makes a contribution or contributions
                            aggregating more than $200 during a calendar
                            year, together with the date and amount of any
                            such contribution;

    [[Page 434]]

                                (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.
                    (B) As used in this section, the term ``support'' does
                not include a contribution by any authorized committee in
                amounts of $2,000 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 com

    [[Page 435]]

                mittee, 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, 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

    [[Page 436]]

                (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; Pub.L. 108-447, Div. H, Title V, Sec. 525, Dec. 8,
                2004, 118 Stat. 3271.)
           588  Sec. 433. Registration of political committees.
                (a) Statements of organizations
                    Each authorized campaign committee shall file a
                statement of organization no later than 10 days after
                designation pursuant to section 432(e)(1) of this title.
                Each separate segregated fund established under the
                provisions of section 441b(b) of this title shall file a
                statement of organization no later than 10 days after
                establishment. All other committees shall file a statement
                or organization within 10 days after becoming a political
                committee within the meaning of section 431(4) of this
                title.
                (b) Contents of statements
                    The statement of organization of a political committee
                shall include--
                                (1) the name, address, and type of
                            committee;
                                (2) the name, address, relationship, and
                            type of any connected organization or affiliated
                            committee;
                                (3) the name, address, and position of the
                            custodian of books and accounts of the
                            committee;
                                (4) the name and address of the treasurer of
                            the committee;
                                (5) if the committee is authorized by a
                            candidate, the name, address, office sought, and
                            party affiliation of the candidate; and
                                (6) a listing of all banks, safety deposit
                            boxes, or other depositories used by the
                            committee.
                (c) Change of information in statements
                    Any change in information previously submitted in a
                statement of organization shall be reported in accordance
                with section 432(g) of this title no later than 10 days
                after the date of the change.
                (d) Termination, etc., requirements and authorities
                    (1) A political committee may terminate only when such a
                committee files a written statement, in accordance with
                section 432(g) of this title,

    [[Page 437]]

                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.)
           589  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 any of the following:
                                registered mail, certified mail, priority
                                mail having a delivery confirmation, or
                                express mail having a delivery confirmation,
                                or delivered to an overnight delivery
                                service with an on-line tracking system if
                                posted or delivered 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 438]]

                                (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 any of the following: registered mail,
                            certified mail, priority mail having a delivery
                            confirmation, or express mail having a delivery
                            confirmation, or delivered to an overnight
                            delivery service with an on-line tracking
                            system, if posted or delivered 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;

    [[Page 439]]

                                (iii) a post-general election report, which
                            shall be filed no later than the 30th day after
                            the general election and which shall be complete
                            as of the 20th day after such general election;
                            and
                                (iv) in any other calendar year, a report
                            covering the period beginning January 1 and
                            ending June 30, which shall be filed no later
                            than July 31 and a report covering the period
                            beginning July 1 and ending December 31, which
                            shall be filed no later than January 31 of the
                            following calendar year; or
                                (B) monthly reports in all calendar years
                            which shall be filed no later than the 20th day
                            after the last day of the month and shall be
                            complete as of the last day of the month, except
                            that, in lieu of filing the reports otherwise
                            due in November and December of any year in
                            which a regularly scheduled general election is
                            held, a pre-general election report shall be
                            filed in accordance with paragraph (2)(A)(i), a
                            post-general election report shall be filed in
                            accordance with paragraph (2)(A)(ii), and a year
                            end report shall be filed no later than January
                            31 of the following calendar year.
                            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) of this section) is sent
                by registered mail, certified mail, priority mail having a
                delivery confirmation, or express mail having a delivery
                confirmation, the United States postmark shall be considered
                the date of filing the designation, report or statement. 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) of this section) is sent by an overnight
                delivery service with an on-line tracking system, the date
                on the proof of delivery to the delivery service 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

    [[Page 440]]

                            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.

                                    (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.
                                (iv) 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 nomina

    [[Page 441]]

                tion for election, in special elections and political
                committees filing under paragraph (4)(A) which make
                contributions to or expenditures on behalf of a candidate or
                candidates in special elections. The Commission shall
                require no more than one pre-election report for each
                election and one post-election report for the election which
                fills the vacancy. The Commission may waive any reporting
                obligation of committees required to file for special
                elections if any report required by paragraph (2) or (4) is
                required to be filed within 10 days of a report required
                under this subsection. The Commission shall establish the
                reporting dates within 5 days of the setting of such
                election and shall publish such dates and notify the
                principal campaign committees of all candidates in such
                election of the reporting dates.
                    (10) The treasurer of a committee supporting a candidate
                for the office of Vice President (other than the nominee of
                a political party) shall file reports in accordance with
                paragraph (3).
                    (11)(A) The Commission shall 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

    [[Page 442]]

                                    (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
                            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;

    [[Page 443]]

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

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

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

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

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

    [[Page 444]]

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

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

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

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

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

    [[Page 445]]

                                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, 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.

    [[Page 446]]

                    (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--
                                (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 24
                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.

    [[Page 447]]

                                (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.
                                (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 purposes 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;

    [[Page 448]]

                                (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--
                                (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

    [[Page 449]]

                            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
                                (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.
                (i) Disclosure of bundled contributions
                    (1) Required disclosure
                                Each committee described in paragraph (6)
                            shall include in the first report required to be
                            filed under this section after each covered
                            period (as defined in paragraph (2)) a separate
                            schedule setting forth the name, address, and
                            employer of each person reasonably known by the
                            committee to be a person described in paragraph
                            (7) who provided 2 or more bundled contributions
                            to the committee in an aggregate amount greater
                            than the applicable threshold (as defined in
                            paragraph (3)) during the covered period, and
                            the aggregate amount of the bundled
                            contributions provided by each such person
                            during the covered period.
                    (2) Covered period
                                In this subsection, a ``covered period''
                            means, with respect to a committee--

                                    (A) the period beginning January 1 and
                                ending June 30 of each year;

                                    (B) the period beginning July 1 and
                                ending December 31 of each year; and

                                    (C) any reporting period applicable to
                                the committee under this section during
                                which any person described in paragraph (7)
                                provided 2 or more bundled contributions to
                                the committee in an aggregate amount greater
                                than the applicable threshold.

                    (3) Applicable threshold
                                (A) In general

                                    In this subsection, the ``applicable
                                threshold'' is $15,000, except that in
                                determining whether the amount of bundled
                                contributions provided to a committee by a
                                person described in

    [[Page 450]]

                                paragraph (7) exceeds the applicable
                                threshold, there shall be excluded any
                                contribution made to the committee by the
                                person or the person's spouse.

                                (B) Indexing

                                    In any calendar year after 2007, section
                                441a(c)(1)(B) of this title shall apply to
                                the amount applicable under subparagraph (A)
                                in the same manner as such section applies
                                to the limitations established under
                                subsections (a)(1)(A), (a)(1)(B), (a)(3),
                                and (h) of such section, except that for
                                purposes of applying such section to the
                                amount applicable under subparagraph (A),
                                the ``base period'' shall be 2006.

                    (4) Public availability
                                The Commission shall ensure that, to the
                            greatest extent practicable--

                                    (A) information required to be disclosed
                                under this subsection is publicly available
                                through the Commission website in a manner
                                that is searchable, sortable, and
                                downloadable; and

                                    (B) the Commission's public database
                                containing information disclosed under this
                                subsection is linked electronically to the
                                websites maintained by the Secretary of the
                                Senate and the Clerk of the House of
                                Representatives containing information filed
                                pursuant to the Lobbying Disclosure Act of
                                1995.

                    (5) Regulations
                                Not later than 6 months after September 14,
                            2007, the Commission shall promulgate
                            regulations to implement this subsection. Under
                            such regulations, the Commission--

                                    (A) may, notwithstanding paragraphs (1)
                                and (2), provide for quarterly filing of the
                                schedule described in paragraph (1) by a
                                committee which files reports under this
                                section more frequently than on a quarterly
                                basis;

                                    (B) shall provide guidance to committees
                                with respect to whether a person is
                                reasonably known by a committee to be a
                                person described in paragraph (7), which
                                shall include a requirement that committees
                                consult the websites maintained by the
                                Secretary of the Senate and the Clerk of the
                                House of Representatives containing
                                information filed pursuant to the Lobbying
                                Disclosure Act of 1995;

                                    (C) may not exempt the activity of a
                                person described in paragraph (7) from
                                disclosure under this subsection on the
                                grounds that the person is authorized to
                                engage in fundraising for the committee or
                                any other similar grounds; and

                                    (D) shall provide for the broadest
                                possible disclosure of activities described
                                in this subsection by persons described in
                                paragraph (7) that is consistent with this
                                subsection.

                    (6) Committees described
                                A committee described in this paragraph is
                            an authorized committee of a candidate, a
                            leadership PAC, or a political party committee.
                    (7) Persons described
                                A person described in this paragraph is any
                            person, who, at the time a contribution is
                            forwarded to a committee as described in
                            paragraph (8)(A)(i) or is received by a
                            committee as described in paragraph (8)(A)(ii),
                            is--

    [[Page 451]]

                                    (A) a current registrant under section
                                4(a) of the Lobbying Disclosure Act of 1995;

                                    (B) an individual who is listed on a
                                current registration filed under section
                                4(b)(6) of such Act or a current report
                                under section 5(b)(2)(C) of such Act; or

                                    (C) a political committee established or
                                controlled by such a registrant or
                                individual.

                    (8) Definitions
                                For purposes of this subsection, the
                            following definitions apply:

                                    (A) Bundled contribution

                                    The term ``bundled contribution'' means,
                                with respect to a committee described in
                                paragraph (6) and a person described in
                                paragraph (7), a contribution (subject to
                                the applicable threshold) which is--

                                            (i) forwarded from the
                                        contributor or contributors to the
                                        committee by the person; or

                                            (ii) received by the committee
                                        from a contributor or contributors,
                                        but credited by the committee or
                                        candidate involved (or, in the case
                                        of a leadership PAC, by the
                                        individual referred to in
                                        subparagraph (B) involved) to the
                                        person through records,
                                        designations, or other means of
                                        recognizing that a certain amount of
                                        money has been raised by the person.

                                    (B) Leadership PAC

                                            The term ``leadership PAC''
                                        means, with respect to a candidate
                                        for election to Federal office or an
                                        individual holding Federal office, a
                                        political committee that is directly
                                        or indirectly established, financed,
                                        maintained or controlled by the
                                        candidate or the individual but
                                        which is not an authorized committee
                                        of the candidate or individual and
                                        which is not affiliated with an
                                        authorized committee of the
                                        candidate or individual, except that
                                        such term does not include a
                                        political committee of a political
                                        party. (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,
                                        Sec. Sec. 501, 503, Mar. 27, 2002,
                                        116 Stat. 87; Pub.L. 108-199, Div.
                                        F, Title VI, Sec. 641, Jan. 23,
                                        2004, 118 Stat. 359; Pub.L. 110-81,
                                        Title II, Sec. 204(a), Sept. 14,
                                        2007, 121 Stat. 744.)

           590  Sec. 435. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
                    Jan. 8, 1980, 93 Stat. 1354).
           591  Sec. 436. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
                    Jan. 8, 1980, 93 Stat. 1354).
           592

                Sec. 437. Reports on convention financing.
                    Each committee or other organization which--

    [[Page 452]]

                                (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.)

           593  Sec. 437a. Repealed (Pub.L. 94-283, Title I, Sec. 105, May
                    11, 1976, 90 Stat. 481).
           594  Sec. 437b. Repealed (Pub.L. 97-187, Title I, Sec. 105(1),
                    Jan. 8, 1980, 93 Stat. 1354).
           595

                Sec. 437c. Federal Election Commission.
                (a) Establishment; membership; term of office; vacancies;
                    qualifications; compensation; chairman and vice chairman
                    (1) There is established a commission to be known as the
                Federal Election Commission. The Commission is composed of
                the Secretary of the Senate and the Clerk of the House of
                Representatives or their designees, ex officio and without
                the right to vote, and 6 members appointed by the President,
                by and with the advice and consent of the Senate. No more
                than 3 members of the Commission appointed under this
                paragraph may be affiliated with the same political party.
                    (2)(A) Members of the Commission shall serve for 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

    [[Page 453]]

                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.
                (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

    [[Page 454]]

                (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 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.)
           596  Sec. 437d. Powers of Commission.
                (a) Specific authorities
                    The Commission has the power--

    [[Page 455]]

                                (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 subpoena, 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 subpoenas 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
                subpoena or order of the Commission issued under subsection
                (a) of this section, issue an order requiring compliance.
                Any failure to obey the order of the court may be punished
                by the court as a contempt thereof.
                (c) Civil liability for disclosure of information
                    No person shall be subject to civil liability to any
                person (other than the Commission or the United States) for
                disclosing information at the request of the Commission.
                (d) Concurrent transmissions to Congress or Member of budget
                    estimates, etc.; prior submission of legislative
                    recommendations, testimony, or comments on legislation
                    (1) Whenever the Commission submits any budget estimate
                or request to the President or the Office of Management and
                Budget, it shall concurrently transmit a copy of such
                estimate or request to the Congress.
                    (2) Whenever the Commission submits any legislative
                recommendation, or testimony, or comments on legislation,
                requested by the Congress, or by any Member of the Congress,
                to the President or the Office of Management and Budget, it
                shall concurrently transmit a copy thereof

    [[Page 456]]

                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.)
           597  Sec. 437e. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
                    Jan. 8, 1980, 93 Stat. 1354).
           598  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.
                (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 trans

    [[Page 457]]

                            action 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.)
           599  Sec. 437g. Enforcement.
                (a) Administrative and judicial practice and procedure
                    (1) Any person who believes a violation of this Act or
                of chapter 95 or chapter 96 of Title 26 has occurred, may
                file a complaint with the Commission. Such complaint shall
                be in writing, signed and sworn to by the person filing such
                complaint, shall be notarized, and shall be made under
                penalty of perjury and subject to the provisions of section
                1001 of Title 18. Within 5 days after receipt of a
                complaint, the Commission shall notify, in writing, any
                person alleged in the complaint to have committed such a
                violation. Before the Commission conducts any vote on the
                complaint, other than a vote to dismiss, any person so
                notified shall have the opportunity to demonstrate, in
                writing, to the Commission within 15 days after notification
                that no action should be taken against such person on the
                basis of the complaint. The Commission may not conduct any
                investigation or take any other action under this section
                solely on the basis of a complaint of a person whose
                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

    [[Page 458]]

                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 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

    [[Page 459]]

                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
                Commission need only establish that the person has violated,
                in whole or in part, any requirement of such conciliation
                agreement.
                    (6)(A) If the Commission is unable to correct or prevent
                any violation of this Act or of chapter 95 or chapter 96 of
                Title 26, by the methods specified in paragraph (4), the
                Commission may, upon an affirmative vote of 4 of its
                members, institute a civil action for relief, including a
                permanent or temporary injunction, restraining order, or any
                other appropriate order (including an order for a civil
                penalty which does not exceed the greater of $5,000 or an
                amount equal to any contribution or expenditure involved in
                such violation) in the district court of the United States
                for the district in which the person against whom such
                action is brought is found, resides, or transacts business.
                    (B) In any civil action instituted by the Commission
                under subparagraph (A), the court may grant a permanent or
                temporary injunction, restraining order, or other order,
                including a civil penalty which does not exceed the greater
                of $5,000 or an amount equal to any contribution or
                expenditure involved in such violation, upon a proper
                showing that the person involved has committed, or is about
                to commit (if the relief sought is a permanent or temporary
                injunction or a restraining order), a violation of this Act
                or chapter 95 or chapter 96 of Title 26.

    [[Page 460]]

                    (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),
                subpoenas for witnesses who are required to attend a United
                States district court may run into any other district.
                    (8)(A) Any party aggrieved by an order of the Commission
                dismissing a complaint filed by such party under paragraph
                (1), or by a failure of the Commission to act on such
                complaint during the 120-day period beginning on the date
                the complaint is filed, may file a petition with the United
                States District Court for the District of Columbia.
                    (B) Any petition under subparagraph (A) shall be filed,
                in the case of a dismissal of a complaint by the Commission,
                within 60 days after the date of the dismissal.
                    (C) In any proceeding under this paragraph the court may
                declare that the dismissal of the complaint or the failure
                to act is contrary to law, and may direct the Commission to
                conform with such declaration within 30 days, failing which
                the complainant may bring, in the name of such complainant,
                a civil action to remedy the violation involved in the
                original complaint.
                    (9) Any judgment of a district court under this
                subsection may be appealed to the court of appeals, and the
                judgment of the court of appeals affirming or setting aside,
                in whole or in part, any such order of the district court
                shall be final, subject to review by the Supreme Court of
                the United States upon certiorari or certification as
                provided in section 1254 of Title 28.
                    (10) Repealed. (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.

    [[Page 461]]

                (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.
                    (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

    [[Page 462]]

                            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.)

           600  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.)
           601  Sec. 438. Administrative provisions.
                (a) Duties of Commission
                    The Commission shall--
                                (1) prescribe forms necessary to implement
                            this Act;
                                (2) prepare, publish, and furnish to all
                            persons required to file reports and statements
                            under this Act a manual recommending uniform
                            methods of bookkeeping and reporting;
                                (3) develop a filing, coding, and cross-
                            indexing system consistent with the purposes of
                            this Act;
                                (4) 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;

    [[Page 463]]

                                (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 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.

    [[Page 464]]

                (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 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)-

    [[Page 465]]

                (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.)
           602  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;
                                (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 state

    [[Page 466]]

                ments 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.)
           603  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
                            individual as a holder of Federal office;
                                (3) for contributions to an organization
                            described in section 170(c) of the Internal
                            Revenue Code of 1986;
                                (4) for transfers, without limitation, to a
                            national, State, or local committee of a
                            political party;
                                (5) for donations to State and local
                            candidates subject to the provisions of State
                            law; or
                                (6) for any other lawful purpose unless
                            prohibited by subsection (b) of this section.
                (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;
                                (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.
                (c) Restrictions on use of campaign funds for flights on
                    noncommercial aircraft
                    (1) In general
                                Notwithstanding any other provision of this
                            Act, a candidate for election for Federal office
                            (other than a candidate who is subject to
                            paragraph (2)), or any authorized committee of
                            such a candidate, may not make any expenditure
                            for a flight on an aircraft unless--

    [[Page 467]]

                                (A) the aircraft is operated by an air
                            carrier or commercial operator certificated by
                            the Federal Aviation Administration and the
                            flight is required to be conducted under air
                            carrier safety rules, or, in the case of travel
                            which is abroad, by an air carrier or commercial
                            operator certificated by an appropriate foreign
                            civil aviation authority and the flight is
                            required to be conducted under air carrier
                            safety rules; or
                                (B) the candidate, the authorized committee,
                            or other political committee pays to the owner,
                            lessee, or other person who provides the
                            airplane the pro rata share of the fair market
                            value of such flight (as determined by dividing
                            the fair market value of the normal and usual
                            charter fare or rental charge for a comparable
                            plane of comparable size by the number of
                            candidates on the flight) within a commercially
                            reasonable timeframe after the date on which the
                            flight is taken.
                    (2) House candidates
                                Notwithstanding any other provision of this
                            Act, in the case of a candidate for election for
                            the office of Representative in, or Delegate or
                            Resident Commissioner to, the Congress, an
                            authorized committee and a leadership PAC of the
                            candidate may not make any expenditure for a
                            flight on an aircraft unless--
                                (A) the aircraft is operated by an air
                            carrier or commercial operator certificated by
                            the Federal Aviation Administration and the
                            flight is required to be conducted under air
                            carrier safety rules, or, in the case of travel
                            which is abroad, by an air carrier or commercial
                            operator certificated by an appropriate foreign
                            civil aviation authority and the flight is
                            required to be conducted under air carrier
                            safety rules; or
                                (B) the aircraft is operated by an entity of
                            the Federal Government or the government of any
                            State.
                    (3) Exception for aircraft owned or leased by candidate
                                (A) In general

                                    Paragraphs (1) and (2) do not apply to a
                                flight on an aircraft owned or leased by the
                                candidate involved or an immediate family
                                member of the candidate (including an
                                aircraft owned by an entity that is not a
                                public corporation in which the candidate or
                                an immediate family member of the candidate
                                has an ownership interest), so long as the
                                candidate does not use the aircraft more
                                than the candidate's or immediate family
                                member's proportionate share of ownership
                                allows.

                                (B) Immediate family member defined

                                    In this subparagraph (A), the term
                                ``immediate family member'' means, with
                                respect to a candidate, a father, mother,
                                son, daughter, brother, sister, husband,
                                wife, father-in-law, or mother-in-law.

                    (4) Leadership PAC defined
                                In this subsection, the term ``leadership
                            PAC'' has the meaning given such term in section
                            434(i)(8)(B) of this title. (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

    [[Page 468]]

                            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; Pub.L. 108-447, Div. H,
                            Title V, Sec. 532, Dec. 8, 2004, 118 Stat. 3272;
                            Pub.L. 110-81, Title VI, Sec. 601(a), Sept. 14,
                            2007, 121 Stat. 774.)
           604  Sec. 439b. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
                    Jan. 8, 1980, 93 Stat. 1354).
           605  Sec. 440. Repealed (Pub.L. 93-443, Title I, Sec. 101(f)(4),
                    Oct. 15, 1974, 88 Stat. 1268).
           606  Sec. 441. Repealed (Pub.L. 94-283, Title I, Sec. 112(1),
                    May. 11, 1976, 90 Stat. 486).
           607

                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.
                    (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

    [[Page 469]]

                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,
                            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,

    [[Page 470]]

                            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--
                                (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

    [[Page 471]]

                            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
                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.

    [[Page 472]]

                    (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.
                (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

    [[Page 473]]

                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 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--

    [[Page 474]]

                                    (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

                                    (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

    [[Page 475]]

                                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.)
           608  Sec. 441b. Contributions or expenditures by national banks,
                    corporations, or labor organizations.
                    (a) It is unlawful for any national bank, or any
                corporation organized by authority of any law of Congress,
                to make a contribution or expenditure in connection with any
                election to any political office, or in connection with any
                primary election or political convention or caucus held to
                select candidates for any political office, or for any
                corporation whatever, or any labor organization, to make a
                contribution or expenditure in connection with any election
                at which presidential and vice presidential electors or a
                Senator or Representative in, or a Delegate or Resident
                Commissioner to, Congress are to be voted for, or in
                connection with any primary election or political convention
                or caucus held to select

    [[Page 476]]

                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
                            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

    [[Page 477]]

                            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 or 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 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

    [[Page 478]]

                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
                            communication (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.

    [[Page 479]]

                                (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.)
           609  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.)
           610  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

    [[Page 480]]

                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--

                                    (i) shall be conveyed by--

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

    [[Page 481]]

                                            (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.)
           611  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, 1980, 93 Stat. 1354;
                            Pub.L. 107-155, Sec. Sec.  303, 317, Mar. 27,
                            2002, 116 Stat. 96, 109.)

    [[Page 482]]

           612  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.)
           613  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.)
           614  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.)
           615  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.
                    (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

    [[Page 483]]

                            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

                                    (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

    [[Page 484]]

                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
                                (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) of this title; and

    [[Page 485]]

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

    [[Page 486]]

           616  Sec. 441j. Repealed (Pub.L. 96-187, Title I, Sec. 105(1),
                    Jan. 8, 1980, 93 Stat. 1354).
           617  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.)
           618  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

           619  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.
           620  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 487]]

                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.)
           621  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.)
           622  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.)
           623  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.)

    [[Page 488]]

           624  Sec. 456. Repealed (Pub.L. 94-283, Title I, Sec. 111, May
                    11, 1976, 90 Stat. 486).

                         Chapter 15--OFFICE OF TECHNOLOGY ASSESSMENT

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

                                    (1) large and growing in scale; and

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

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

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

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

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

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

                                    (2) utilize this information, whenever
                                appropriate, as one factor in the
                                legislative assessment of matters pending
                                before the Congress, particularly in those
                                instances where the Federal Government may
                                be called upon to consider support for, or
                                management or regulation of, technological
                                applications. (Pub.L. 92-484, Sec. 2, Oct.
                                13, 1972, 86 Stat. 797.)

           626  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

    [[Page 489]]

                technology and to develop other coordinate information which
                may assist the Congress. In carrying out such function, the
                Office shall:
                                (1) identify existing or probable impacts of
                            technology or technological programs;
                                (2) where possible, ascertain cause-and-
                            effect relationships;
                                (3) identify alternative technological
                            methods of implementing specific programs;
                                (4) identify alternative programs for
                            achieving requisite goals;
                                (5) make estimates and comparisons of the
                            impacts of alternative methods and programs;
                                (6) present findings of completed analyses
                            to the appropriate legislative authorities;
                                (7) identify areas where additional research
                            or data collection is required to provide
                            adequate support for the assessments and
                            estimates described in paragraph (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.)
           627  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.

    [[Page 490]]

                (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.
                (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 subpoena 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. Subpoenas 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.)
           628  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.

    [[Page 491]]

                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 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.)
           629  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.

    [[Page 492]]

                (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 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.)
           630  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.

    [[Page 493]]

                (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.
                (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,

    [[Page 494]]

                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.)

           631  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.)
           632  Sec. 478. Utilization of services of Government
                    Accountability Office.
                (a) Authority of Government Accountability 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
                Government Accountability 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 Government Accountability Office is
                otherwise authorized to provide to the Congress.

    [[Page 495]]

                (c) Services or responsibilities performed by Government
                    Accountability 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 Government Accountability Office under
                law performs for or on behalf of the Congress.
                (d) Reimbursement for services and assistance
                    Services and assistance made available to the Office by
                the Government Accountability 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; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118
                Stat. 814.)
           633  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.)
           634  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.
           635  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.)

    [[Page 496]]

                        Chapter 16.--CONGRESSIONAL MAILING STANDARDS

           636  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 77.
                    The Select Committee on Standards and Conduct of the
                Senate shall provide guidance, assistance, advice and
                counsel, through advisory opinions or consultations, in
                connection with the mailing or contemplated mailing of
                franked mail under section 3210, 3211, 3212, 3213(2), 3218,
                or 3219, and in connection with the operation of section
                3215, of Title 39 upon the request of any Member of the
                Senate or Member-elect, surviving spouse of any of the
                foregoing, or other Senate official, entitled to send mail
                as franked mail under any of those sections. The select
                committee shall prescribe regulations governing the proper
                use of the franking privilege under those sections by such
                persons.
                (b) Complaint of franked mail violations; investigation;
                    notice and hearing; decision of select committee;
                    enforcement
                    Any complaint filed by any person with the select
                committee that a violation of any section of Title 39
                referred to in subsection (a) of this section is about to
                occur or has occurred within the immediately preceding
                period of one year, by any person referred to in such
                subsection (a), shall contain pertinent factual material and
                shall conform 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 investigation 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 jurisdic

    [[Page 497]]

                tion to entertain any civil action of any character
                concerning or related to a violation of the franking laws or
                an abuse of the franking privilege by any person listed
                under subsection (a) of this section as entitled to send
                mail as franked mail, until a complaint has been filed with
                the select committee and the committee has rendered a
                decision under subsection (b) of this section.
                (d) Administrative procedure regulations
                    The select committee shall prescribe regulations for the
                holding of investigations and hearings, the conduct of
                proceedings, and the rendering of decisions under this
                subsection providing for equitable procedures and the
                protection of individual, public, and Government interests.
                The regulations shall, insofar as practicable, contain the
                substance of the administrative procedure provisions of
                sections 551-559 and 701-706, of Title 5. These regulations
                shall govern matters under this subsection subject to
                judicial review thereof.
                (e) Property of Senate; records of select committee; voting
                    record; location of records, data, and files
                    The select committee shall keep a complete record of all
                its actions, including a record of the votes on any question
                on which a record vote is demanded. All records, data, and
                files of the select committee shall be the property of the
                Senate and shall be kept in the offices of the select
                committee or such other places as the committee may direct.
                (Dec. 18, 1973, Pub.L. 93-191, Sec. 6, 87 Stat. 744; amended
                Mar. 27, 1974, Pub.L. 93-255, Sec. 3(b), 88 Stat. 52.)

                          Chapter 17.--CONGRESSIONAL BUDGET OFFICE

           637  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.

    [[Page 498]]

                    (5) (A) The Director shall receive compensation at an
                annual rate of pay that is equal to the lower of--
                                (i) the highest annual rate of compensation
                            of any officer of the Senate; or
                                (ii) the highest annual rate of compensation
                            of any officer of the House of Representatives.
                    (B) The Deputy Director shall receive compensation at an
                annual rate of pay that is $1,000 less than the annual rate
                of pay received by the Director, as determined under
                subparagraph (A).
                (b) Personnel
                    The Director shall appoint and fix the compensation of
                such personnel as may be necessary to carry out the duties
                and functions of the Office. All personnel of the Office
                shall be appointed without regard to political affiliation
                and solely on the basis of their fitness to perform their
                duties. The Director may prescribe the duties and
                responsibilities of the personnel of the Office, and
                delegate to them authority to perform any of the duties,
                powers, and functions imposed on the Office or on the
                Director. For purposes of pay (other than pay of the
                Director and Deputy Director) and employment benefits,
                rights, and privileges, all personnel of the Office shall be
                treated as if they were employees of the House of
                Representatives.
                (c) Experts and consultants
                    In carrying out the duties and functions of the Office,
                the Director may procure the temporary (not to exceed one
                year) or intermittent services of experts or consultants or
                organizations thereof by contract as independent
                contractors, or, in the case of individual experts or
                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

    [[Page 499]]

                to obtain information, data, estimates, and statistics
                developed by the Government Accountability Office, and the
                Library of Congress, and (upon agreement with them) to
                utilize their services, facilities, and personnel with or
                without reimbursement. The Comptroller General, and the
                Librarian of Congress, are authorized to provide the Office
                with the information, data, estimates, and statistics, and
                the services, facilities, and personnel, referred to in the
                preceding sentence.
                (f) Revenue estimates
                    For the purposes of revenue legislation which is income,
                estate and gift, excise, and payroll taxes (i.e., Social
                Security), considered or enacted in any session of Congress,
                the Congressional Budget Office shall use exclusively during
                that session of Congress revenue estimates provided to it by
                the Joint Committee on Taxation. During that session of
                Congress such revenue estimates shall be transmitted by the
                Congressional Budget Office to any committee of the House of
                Representatives or the Senate requesting such estimates, and
                shall be used by such Committees in determining such
                estimates. The Budget Committees of the Senate and House
                shall determine all estimates with respect to scoring points
                of order and with respect to the execution of the purposes
                of this Act.
                (g) Authorization of appropriations
                    There are authorized to be appropriated to the Office
                for each fiscal year such sums as may be necessary to enable
                it to carry out its duties and functions. Until sums are
                first appropriated pursuant to the preceding sentence, but
                for a period not exceeding 12 months following the effective
                date of this subsection, the expenses of the Office shall be
                paid from the contingent fund of the Senate, in accordance
                with 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; Pub.L. 108-271, Sec. 8(b), July 7, 2004,
                118 Stat. 814.)
           638  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

    [[Page 500]]

                to such Committee any information which will assist it in
                the discharge of matters within its jurisdiction, including
                information described in clauses (1) and (2) of subsection
                (a) of this section and such related information as the
                Committee may request.
                (c) Assistance to other committees and members
                    (1) At the request of any other committee of the House
                of Representatives or the Senate or any joint committee of
                the Congress, the Office shall provide to such committee or
                joint committee any information compiled in carrying out
                clauses (1) and (2) of subsection (a) of this section, and,
                to the extent practicable, such additional information
                related to the foregoing as may be requested.
                    (2) At the request of any committee of the Senate or the
                House of Representatives, the Office shall, to the extent
                practicable, consult with and assist such committee in
                analyzing the budgetary or financial impact of any proposed
                legislation that may have--
                                (A) a significant budgetary impact on State,
                            local, or tribal governments;
                                (B) a significant financial impact on the
                            private sector; or
                                (C) a significant employment impact on the
                            private sector.
                    (3) At the request of any Member of the House or Senate,
                the Office shall provide to such Member any information
                compiled in carrying out clauses (1) and (2) of subsection
                (a) of this section, and, to the extent available, such
                additional information related to the foregoing as may be
                requested.
                (d) Assignment of office personnel to committees and joint
                    committees
                    At the request of the Committee on the Budget of either
                House, personnel of the Office shall be assigned, on a
                temporary basis, to assist 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

    [[Page 501]]

                257(b)(2)(C) of the Balanced Budget and Emergency Deficit
                Control Act of 1985. Such report shall also include a
                discussion of national budget priorities, including
                alternative ways of allocating new budget authority and
                budget outlays for such fiscal year among major programs or
                functional categories, taking into account how such
                alternative allocations will meet major national needs and
                affect balanced growth and development of the United States.
                    (2) The Director shall from time to time submit to the
                Committees on the Budget of the House of Representatives and
                the Senate such further reports (including reports revising
                the report required by paragraph (1)) as may be necessary or
                appropriate to provide such Committees with information,
                data, and analyses for the performance of their duties and
                functions.
                    (3) On or before January 15 of each year, the Director,
                after consultation with the appropriate committees of the
                House of Representatives and Senate, shall submit to the
                Congress a report listing (A) all programs and activities
                funded during the fiscal year ending September 30 of that
                calendar year for which authorizations for appropriations
                have not been enacted for that fiscal year, and (B) all
                programs and activities for which authorizations for
                appropriations have been enacted for the fiscal year ending
                September 30 of that calendar year, but for which no
                authorizations for appropriations have been enacted for the
                fiscal year beginning October 1 of that calendar year.
                (f) Use of computers and other techniques
                    The Director may equip the Office with up-to-date
                computer capability (upon approval of the Committee on House
                Oversight of the House of Representatives and the Committee
                on Rules and Administration of the Senate), obtain the
                services of experts and consultants in computer 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

    [[Page 502]]

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

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

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

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

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

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

                                    (iii) the effect of Federal private
                                sector mandates in the bill or joint
                                resolution on the national economy,
                                including the effect on productivity,
                                economic growth, full employment, creation
                                of productive jobs, and international
                                competitiveness of United States goods and
                                services. (Pub.L. 93-344, Title II,
                                Sec. 202(a)-(e)(1), (f), (g), July 12, 1974,
                                88 Stat. 304, 305; Pub.L. 99-177, 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.)

           639  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.

    [[Page 503]]

                (c) Exceptions
                    Subsection (a) of this section shall not apply to
                information, data, estimates, and statistics--
                                (1) which are specifically exempted from
                            disclosure by law; or
                                (2) which the Director determines will
                            disclose--

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

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

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

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

                (d) Information obtained for committees and members
                    Subsection (a) of this section shall apply to any
                information, data, estimates, and statistics obtained at the
                request of any committee, joint committee, or Member unless
                such committee, joint committee, or Member has instructed
                the Director not to make such information, data, estimates,
                or statistics available for public copying.
                (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.
           640  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.

    [[Page 504]]

           641  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.
           642  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.
           643  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.
           644  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

    [[Page 505]]

                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. (Pub.L. 106-57,
                Title I, Sec. 106, Sept. 29, 1999, 113 Stat. 418.)
           645  Sec. 610. Repayment of student loan on behalf of employee.
                    (a) The Director of the Congressional Budget Office may,
                in order to recruit or retain qualified personnel, establish
                and maintain on and after November 12, 2001, a program under
                which the Office may agree to repay (by direct payments on
                behalf of the employee) all or a portion of any student loan
                previously taken out by such employee.
                    (b) The Director may, by regulation, make applicable
                such provisions of section 5379 of Title 5, as the Director
                determines necessary to provide for such program.
                    (c) The regulations shall provide the amount paid by the
                Office may not exceed--
                                (1) $6,000 for any employee in any calendar
                            year; or
                                (2) a total of $40,000 in the case of any
                            employee.
                    (d) The Office may not reimburse an employee for any
                repayments made by such employee prior to the Office
                entering into an agreement under this section with such
                employee.
                    (e) Any amount repaid by, or recovered from, an
                individual under this section and its implementing
                regulations shall be credited to the appropriation account
                available for salaries and expenses of the Office at the
                time of repayment or recovery.
                    (f) This section shall apply to fiscal year 2002 and
                each fiscal year thereafter. (Pub.L. 107-68, Title I,
                Sec. 127, Nov. 12, 2001, 115 Stat. 577.)

                  Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

           646  Sec. 621. Congressional declaration of purpose.
                    The Congress declares that it is essential--
                                (1) to assure effective congressional
                            control over the budgetary process;
                                (2) to provide for the congressional
                            determination each year of the appropriate level
                            of Federal revenues and expenditures;
                                (3) to provide a system of impoundment
                            control;
                                (4) to establish national budget priorities;
                            and
                                (5) to provide for the furnishing of
                            information by the executive branch in a manner
                            that will assist the Congress in discharging its
                            duties. (Pub.L. 93-344, Sec. 2, July 12, 1974,
                            88 Stat. 298.)
                                        Codification
                    This section was formerly classified to section 1301 of
                Title 31 prior to the general revision and enactment of
                Title 31, Money and Finance by Pub.L. 97-258, Sec. 1, Sept.
                13, 1982, 96 Stat. 877.
           647  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.

    [[Page 506]]

                                (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.
                                (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

    [[Page 507]]

                                    (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. 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

    [[Page 508]]

                            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.)
           648  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

           649  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.
    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.)

    [[Page 509]]

           650  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;
                                (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;

    [[Page 510]]

                                (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 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

    [[Page 511]]

                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--
                                (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;

    [[Page 512]]

                                (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 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.

    [[Page 513]]

                (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.)
           651  Sec. 633. Committee allocations.
                (a) Committee spending allocations
                    (1) Allocation among committees
                                The joint explanatory statement accompanying
                            a conference report on a concurrent resolution
                            on the budget shall include an allocation,
                            consistent with the resolution recommended in
                            the conference report, of the levels for the
                            first fiscal year of the resolution, for at
                            least each of the ensuing 4 fiscal years, and a
                            total for that period of fiscal years (except in
                            the case of the Committee on Appropriations only
                            for the fiscal year of that resolution) of--

                                    (A) total new budget authority; and

                                    (B) total outlays;

                        among each committee of the House of Representatives
                        or the Senate that has jurisdiction over legislation
                        providing or creating such amounts.
                    (2) No double counting
                                In the House of Representatives, any item
                            allocated to one committee may not be allocated
                            to another committee.
                    (3) Further division of amounts
                                (A) In the Senate

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

                                (B) In the House

    [[Page 514]]

                                    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 that fiscal year, until that committee makes
                the suballocations required by subsection (b) of this
                section.

    [[Page 515]]

                (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,

                        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

    [[Page 516]]

                        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.)
           652  Sec. 634. Concurrent resolution on the budget must be
                    adopted before budget-related legislation is considered.
                (a) In general
                    Until the concurrent resolution on the budget for a
                fiscal year has been agreed to, it shall not be in order in
                the House of Representatives, with respect to the first
                fiscal year covered by that resolution, or the Senate, with
                respect to any fiscal year covered by that resolution, to

    [[Page 517]]

                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.)
           653  Sec. 635. Permissible revisions of concurrent resolutions on
                    the budget.
                    At any time after the concurrent resolution on the
                budget for a fiscal year has been agreed to pursuant to
                section 632 of this title, and before the end of such fiscal
                year, the two Houses may adopt a concurrent resolution on
                the budget which revises or reaffirms the concurrent
                resolution on the budget for such fiscal year most recently
                agreed to. (Pub.L. 93-344, Title III, Sec. 304, July 12,
                1974, 88 Stat. 310; Pub.L. 99-177, Title II, Sec. 201(b),
                Dec. 12, 1985, 99 Stat. 1047; Pub.L. 100-119, Title

    [[Page 518]]

                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.)
           654  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 519]]

                    (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 520]]

                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.L.

    [[Page 521]]

                            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.)
           655  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.)
           656  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.)
           657  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 522]]

                            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 523]]

                                (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.)
           658  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.)
           659  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 524]]

                            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 525]]

                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 526]]

                    (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.)
           660  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 527]]

                                    (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 528]]

                                (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.)

           661  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 529]]

                (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.)
           662  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 530]]

                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 531]]

                                (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.)
           663  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 532]]

                                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 533]]

                (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.)
           664  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

           665   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 534]]

                            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 535]]

           666  Sec. 652. Repealed (Pub.L. 105-33, Title X, Sec. 10116(b),
                    Aug. 5, 1997, 111 Stat. 692).
           667

                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.)

           668  Sec. 654. Study by Government Accountability Office of forms
                    of Federal financial commitment not reviewed annually by
                    Congress.
                    The Government Accountability 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; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118
                Stat. 814.)
           669  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

    [[Page 536]]

                agency for purposes of section 1105 of Title 31 and for
                purposes of this Act. (Pub.L. 93-344, Title IV, Sec. 405,
                formerly Sec. 406, as added Pub.L. 99-177, Title II,
                Sec. 214, Dec. 12, 1985, 99 Stat. 1059, renumberedSec. 405,
                Pub.L. 105-33, Title X, Sec. 10116(c)(1), Aug. 5, 1997, 111
                Stat. 692.)
           670  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

           671  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--

    [[Page 537]]

                                                    (i) estimated amounts
                                                that the State, local, and
                                                tribal governments (in the
                                                case of a Federal
                                                intergovernmental mandate)
                                                or the private sector (in
                                                the case of a Federal
                                                private sector mandate)
                                                would spend--
                                                      (I) to comply with or
                                                carry out all applicable
                                                Federal, State, local, and
                                                tribal laws and regulations
                                                in effect at the time of the
                                                adoption of the Federal
                                                mandate for the same
                                                activity as is affected by
                                                that Federal mandate; or
                                                      (II) to comply with or
                                                carry out State, local, and
                                                tribal governmental
                                                programs, or private-sector
                                                business or other activities
                                                in effect at the time of the
                                                adoption of the Federal
                                                mandate for the same
                                                activity as is affected by
                                                that mandate; or
                                                    (ii) expenditures to the
                                                extent that such
                                                expenditures will be offset
                                                by any direct savings to the
                                                State, local, and tribal
                                                governments, or by the
                                                private sector, as a result
                                                of--
                                                      (I) compliance with
                                                the Federal mandate; or
                                                      (II) other changes in
                                                Federal law or regulation
                                                that are enacted or adopted
                                                in the same bill or joint
                                                resolution or proposed or
                                                final Federal regulation and
                                                that 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
                                                govern

    [[Page 538]]

                                                ments for the net cost
                                                associated with illegal,
                                                deportable, and excludable
                                                aliens, including court-
                                                mandated expenses related to
                                                emergency health care,
                                                education or criminal
                                                justice; when such a
                                                reduction or elimination
                                                would result in increased
                                                net costs to State, local,
                                                or tribal governments in
                                                providing education or
                                                emergency health care to, or
                                                incarceration of, illegal
                                                aliens; except that this
                                                subclause shall not be in
                                                effect with respect to a
                                                State, local, or tribal
                                                government, to the extent
                                                that such government has not
                                                fully cooperated in the
                                                efforts of the Federal
                                                Government to locate,
                                                apprehend, and deport
                                                illegal aliens;

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

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

    [[Page 539]]

                                tions, corporations, and educational and
                                nonprofit institutions, but shall not
                                include State, local, or tribal governments.

                                (10) Regulation; rule

                                    The term ``regulation'' or ``rule''
                                (except with respect to a rule of either
                                House of the Congress) has the meaning of
                                ``rule'' as defined in section 601(2) of
                                Title 5.

                                (11) Small government

                                    The term ``small government'' means any
                                small governmental jurisdictions defined in
                                section 601(5) of Title 5, and any tribal
                                government.

                                (12) State

                                    The term ``State'' has the same meaning
                                as defined in section 6501(9) of Title 31.

                                (13) Tribal government

                                    The term ``tribal government'' means any
                                Indian tribe, band, nation, or other
                                organized group or community, including any
                                Alaska Native village or regional or village
                                corporation as defined in or established
                                pursuant to the Alaska Native Claims
                                Settlement Act (85 Stat. 688; 43 U.S.C. 1601
                                et seq.) which is recognized as eligible for
                                the special programs and services provided
                                by the United States to Indians because of
                                their special status as Indians. (Pub.L. 93-
                                344, Title IV, Sec. 421, as added Pub.L.
                                104-4, Title I, Sec. 101(a)(2), Mar. 22,
                                1995, 109 Stat. 50.)

           672  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.)
           673  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 accom

    [[Page 540]]

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

    [[Page 541]]

                                (3) if the bill or joint resolution would
                            make the reduction specified in section
                            658(5)(B)(i)(II) of this title, a statement of
                            how the committee specifically intends the
                            States to implement the reduction and to what
                            extent the legislation provides additional
                            flexibility, if any, to offset the reduction.
                (e) Preemption clarification and information
                    When a committee of authorization of the Senate or the
                House of Representatives reports a bill or joint resolution
                of public character, the committee report accompanying the
                bill or joint resolution shall contain, if relevant to the
                bill or joint resolution, an explicit statement on the
                extent to which the bill or joint resolution is intended to
                preempt any State, local, or tribal law, and, if so, an
                explanation of the effect of such preemption.
                (f) Publication of statement from the Director
                    (1) In general
                                Upon receiving a statement from the Director
                            under section 658c of this title, a committee of
                            the Senate or the House of Representatives shall
                            publish the statement in the committee report
                            accompanying the bill or joint resolution to
                            which the statement relates if the statement is
                            available at the time the report is printed.
                    (2) Other publication of statement of Director
                                If the statement is not published in the
                            report, or if the bill or joint resolution to
                            which the statement relates is expected to 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.)
           674  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

    [[Page 542]]

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

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

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

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

                                (3) Additional flexibility information

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

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

                                            (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 any 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

    [[Page 543]]

                                following such fiscal year, the Director
                                shall so state, specify the estimate, and
                                briefly explain the basis of the estimate.

                                (2) Estimates

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

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

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

                                (3) Estimate not feasible

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

                (c) Legislation failing below the direct costs thresholds
                    If the Director estimates that the direct costs of a
                Federal mandate will not equal or exceed the thresholds
                specified in subsections (a) and (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.
                106-141, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
           675  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

    [[Page 544]]

                                (2) any bill, joint resolution, amendment,
                            motion, or conference report that would increase
                            the direct costs of Federal intergovernmental
                            mandates by an amount that causes the thresholds
                            specified in section 658c(a)(1) of this title to
                            be exceeded, unless--

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

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

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

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

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

    [[Page 545]]

                                                    (cc) in the case that
                                                such mandate that has not
                                                yet taken effect, continue
                                                not to be effective unless
                                                Congress provides otherwise
                                                by law.
                (b) Rule of construction
                    The provisions of subsection (a)(2)(B)(iii) of this
                section shall not be construed to prohibit or otherwise
                restrict a State, local, or tribal government from
                voluntarily electing to remain subject to the original
                Federal intergovernmental mandate, complying with the
                programmatic or financial responsibilities of the original
                Federal intergovernmental mandate and providing the funding
                necessary consistent with the costs of Federal agency
                assistance, monitoring, and enforcement.
                (c) Committee on Appropriations
                    (1) Application
                                The provisions of subsection (a) of
                            section--

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

                                    (B) shall apply to--

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

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

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

                                            (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.

    [[Page 546]]

                (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.)
           676  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.)
           677  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.)
           678  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

    [[Page 547]]

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

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

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

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

           679  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.)

    [[Page 548]]

           680  Sec. 661a. Definitions.
                    For purposes of this subchapter--
                                (1) The term ``direct loan'' means a
                            disbursement of funds by the Government to a
                            non-Federal borrower under a contract that
                            requires the repayment of such funds with or
                            without interest. The term includes the purchase
                            of, or participation in, a loan made by another
                            lender and financing arrangements that defer
                            payment for more than 90 days, including the
                            sale of a government asset on credit terms. The
                            term does not include the acquisition of a
                            federally guaranteed loan in satisfaction of
                            default claims or the price support loans of the
                            Commodity Credit Corporation.
                                (2) The term ``direct loan obligation''
                            means a binding agreement by a Federal agency to
                            make a direct loan when specified conditions are
                            fulfilled by the borrower.
                                (3) The term ``loan guarantee'' means any
                            guarantee, insurance, or other pledge with
                            respect to the payment of all or a part of the
                            principal or interest on any debt obligation of
                            a non-Federal borrower to a non-Federal lender,
                            but does not include the insurance of deposits,
                            shares, or other withdrawable accounts in
                            financial institutions.
                                (4) The term ``loan guarantee commitment''
                            means a binding agreement by a Federal agency to
                            make a loan guarantee when specified conditions
                            are fulfilled by the borrower, the lender, or
                            any other party to the guarantee agreement.
                                (5)(A) The term ``cost'' means the estimated
                            long-term cost to the Government of a direct
                            loan or loan guarantee or modification thereof,
                            calculated on a net present basis, excluding
                            administrative costs and any incidental effects
                            on governmental receipts or outlays.
                                (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 cur

    [[Page 549]]

                            rent estimate of the net present value of the
                            remaining cash flows under the terms of the
                            contract, as modified.
                                (E) In estimating net present values, the
                            discount rate shall be the average interest rate
                            on marketable Treasury securities of similar
                            maturity to the cash flows of the direct loan or
                            loan guarantee for which the estimate is being
                            made.
                                (F) When funds are obligated for a direct
                            loan or loan guarantee, the estimated cost shall
                            be based on the current assumptions, adjusted to
                            incorporate the terms of the loan contract, for
                            the fiscal year in which the funds are
                            obligated.
                                (6) The term ``credit program account''
                            means the budget account into which an
                            appropriation to cover the cost of a direct loan
                            or loan guarantee program is made and from which
                            such cost is disbursed to the financing account.
                                (7) The term ``financing account'' means the
                            non-budget account or accounts associated with
                            each credit program account which holds
                            balances, receives the cost payment from the
                            credit program account, and also includes all
                            other cash flows to and from the Government
                            resulting from direct loan obligations or loan
                            guarantee commitments made on or after October
                            1, 1991.
                                (8) The term ``liquidating account'' means
                            the budget account that includes all cash flows
                            to and from the Government resulting from direct
                            loan obligations or loan guarantee commitments
                            made prior to October 1, 1991.
                    These accounts shall be shown in the budget on a cash
                basis.
                                (9) The term ``modification'' means any
                            Government action that alters the estimated cost
                            of an outstanding direct loan (or direct loan
                            obligation) or an outstanding loan guarantee (or
                            loan guarantee 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.)
           681  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.

    [[Page 550]]

                (b) Delegation
                    The Director may delegate to agencies authority to make
                estimates of costs. The delegation of authority shall be
                based upon written guidelines, regulations, or criteria
                consistent with the definitions in this subchapter.
                (c) Coordination with the Congressional Budget Office
                    In developing estimation guidelines, regulations, or
                criteria to be used by Federal agencies, the Director shall
                consult with the Director of the Congressional Budget
                Office.
                (d) Improving cost estimates
                    The Director and the Director of the Congressional
                Budget Office shall coordinate the development of more
                accurate data on historical performance of direct loan and
                loan guarantee programs. They shall annually review the
                performance of outstanding direct loans and loan guarantees
                to improve estimates of costs. The Office of Management and
                Budget and the Congressional Budget Office shall have access
                to all agency data that may facilitate the development and
                improvement of estimates of costs.
                (e) Historical credit program costs
                    The Director shall review, to the extent possible,
                historical data and develop the best possible estimates of
                adjustments that would convert aggregate historical budget
                data to credit reform accounting.
                (f) Administrative costs
                    The Director and the Director of the Congressional
                Budget Office shall each analyze and report to Congress on
                differences in long-term administrative costs for credit
                programs versus grant programs by January 31, 1992. Their
                reports shall recommend to Congress any changes, if
                necessary, in the treatment of administrative costs under
                credit reform 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.)
           682  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.

    [[Page 551]]

                (c) Exemption for mandatory programs
                    Subsections (b) and (e) of this section shall not apply
                to a direct loan or loan guarantee program that--
                                (1) constitutes an entitlement (such as the
                            guaranteed student loan program or the veterans'
                            home loan guaranty program); or
                                (2) all existing credit programs of the
                            Commodity Credit Corporation on November 5,
                            1990.
                (d) Budget accounting
                    (1) The authority to incur new direct loan obligations,
                make new loan guarantee commitments, or modify outstanding
                direct loans (or direct loan obligations) or loan guarantees
                (or loan guarantee commitments) shall constitute new budget
                authority in an amount equal to the cost of the direct loan
                or loan guarantee in the fiscal year in which definite
                authority becomes available or indefinite authority is used.
                Such budget authority shall constitute an obligation of the
                credit program account to pay to the financing account.
                    (2) The outlays resulting from new budget authority for
                the cost of direct loans or loan guarantees described in
                paragraph (1) shall be paid from the credit program account
                into the financing account and recorded in the fiscal year
                in which the direct loan or the guaranteed loan is disbursed
                or its costs altered.
                    (3) All collections and payments of the financing
                accounts shall be a means of financing.
                (e) Modifications
                    An outstanding direct loan (or direct loan obligation)
                or loan guarantee (or loan guarantee commitment) shall not
                be modified in a manner that increases its costs unless
                budget authority for the additional cost has been provided
                in advance in an appropriations Act.
                (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.)
           683  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.

    [[Page 552]]

                (b) Authorization for financing accounts
                    In order to implement the accounting required by this
                subchapter, the President is authorized to establish such
                non-budgetary accounts as may be appropriate.
                (c) Treasury transactions with the financing accounts
                    The Secretary of the Treasury shall borrow from, receive
                from, lend to, or pay to the financing accounts such amounts
                as may be appropriate. The Secretary of the Treasury may
                prescribe forms and denominations, maturities, and terms and
                conditions for the transactions described above, except that
                the rate of interest charged by the Secretary on lending to
                financing accounts (including amounts treated as lending to
                financing accounts by the Federal Financing Bank
                (hereinafter in this subsection referred to as the ``Bank'')
                pursuant to section 655(b) of this title) and the rate of
                interest paid to financing accounts on uninvested balances
                in financing accounts shall be the same as the rate
                determined pursuant to section 661a(5)(E) of this title. For
                guaranteed loans financed by the Bank and treated as direct
                loans by a Federal agency pursuant to section 655(b) of this
                title, any fee or interest surcharge (the amount by which
                the interest rate charged exceeds the rate determined
                pursuant to section 661a(5)(E) of this title) that the Bank
                charges to a private borrower pursuant to section 6(c) of
                the Federal Financing Bank Act of 1973 shall be considered a
                cash flow to the Government for the purposes of determining
                the cost of the direct loan pursuant to section 661a(5) of
                this title. All such amounts shall be credited to the
                appropriate financing account. The Bank is authorized to
                require reimbursement from a Federal agency to cover the
                administrative expenses of the Bank that are attributable to
                the direct loans financed for that agency. All such payments
                by an agency shall be considered administrative expenses
                subject to section 661c(g) of this title. This 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;

    [[Page 553]]

                                (F) payments to financing accounts when
                            required for modifications;
                                (G) administrative expenses, if--

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

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

                                (H) such other payments as are necessary for
                            the liquidation of such direct loan obligations
                            and loan guarantee commitments.
                    (2) Amounts credited to liquidating accounts in any year
                shall be available only for payments required in that year.
                Any unobligated balances in liquidating accounts at the end
                of a fiscal year shall be transferred to miscellaneous
                receipts as soon as practicable after the end of the fiscal
                year.
                    (3) If funds in liquidating accounts are insufficient to
                satisfy obligations and commitments of such accounts, there
                is hereby provided permanent, indefinite authority to make
                any payments required to be made on such obligations and
                commitments.
                (e) Authorization of appropriations for implementation
                    expenses
                    There are authorized to be appropriated to existing
                accounts such sums as may be necessary for salaries and
                expenses to carry out the responsibilities under this
                subchapter.
                (f) Reinsurance
                    Nothing in this subchapter shall be construed as
                authorizing or requiring the purchase of insurance or
                reinsurance on a direct loan or loan guarantee from private
                insurers. If any such reinsurance for a direct loan or loan
                guarantee is authorized, the cost of such insurance and 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.)
           684  Sec. 661e. Treatment of deposit insurance and agencies and
                    other insurance programs.
                (a) In 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.

    [[Page 554]]

                (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.)
           685  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.)

    [[Page 555]]

                   Subchapter IV.--Budget Agreement Enforcement Provisions

           686  Sec. 665. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695).
           687

                Sec. 665a. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695).
           688

                Sec. 665b. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695).
           689

                Sec. 665c. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695).
           690

                Sec. 665d. Repealed (Pub.L. 105-33, Title X, Sec. 10118(a),
                    Aug. 5, 1997, 111 Stat. 695).
           691

                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

                              Subchapter I.--General Provisions

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

                  Subchapter II.--Congressional Consideration of Proposed
                Recissions, Reservations, and Deferrals of Budget Authority

           693  Sec. 682. Definitions.
                    For purposes of sections 682 to 688 of this title--
                                (1) ``deferral of budget authority''
                            includes--

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

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

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

    [[Page 556]]

                            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.)

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

    [[Page 557]]

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

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

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

    [[Page 558]]

                (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.)
           696  Sec. 685. Transmission of messages; publication.
                (a) Delivery to House and Senate
                    Each special message transmitted under section 683 or
                684 of this title shall be transmitted to the House of
                Representatives and the Senate on the same day, and shall be
                delivered to the Clerk of the House of Representatives if
                the House is not in session, and to the Secretary of the
                Senate if the Senate is not in session. Each special message
                so transmitted shall be referred to the appropriate
                committee of the House of Representatives and the Senate.
                Each such message shall be printed as a document of each
                House.
                (b) Delivery to Comptroller General
                    A copy of each special message transmitted under section
                683 or 684 of this title, shall be transmitted to the
                Comptroller General on the same day it is transmitted to the
                House of Representatives and the Senate. In order to assist
                the Congress in the exercise of its functions under section
                683 or 684 of this title, the Comptroller General shall
                review each such message and inform the House of
                Representatives and the Senate as promptly as practicable
                with respect to--
                                (1) in the case of a special message
                            transmitted under section 683 of this title, the
                            facts surrounding the proposed rescission or the
                            reservation of budget authority (including the
                            probable effects thereof); and
                                (2) in the case of a special message
                            transmitted under section 684 of this title, (A)
                            the facts surrounding each proposed deferral of
                            budget authority (including the probable effects
                            thereof) and (B) whether or not (or to what
                            extent), in his judgment, such proposed deferral
                            is in accordance with existing statutory
                            authority.
                (c) Transmission of supplementary messages
                    If any information contained in a special message
                transmitted under section 683 or 684 of this title is
                subsequently revised, the President shall transmit to both
                Houses of Congress and the Comptroller General a
                supplementary message stating and explaining such revision.
                Any such supplementary message shall be delivered, referred,
                and printed as provided in subsection (a) of this section.
                The Comptroller General shall promptly notify the House of
                Representatives and the Senate of any changes in the
                information submitted by him under subsection (b) of this
                section which may be necessitated by such revision.
                (d) Printing in Federal Register
                    Any special message transmitted under section 683 or 684
                of this title, and any supplementary message transmitted
                under subsection (c) of this section, shall be printed in
                the first issue of the Federal Register published after such
                transmittal.

    [[Page 559]]

                (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.)
           697  Sec. 686. Reports by Comptroller General.
                (a) Failure to transmit special message
                    If the Comptroller General finds that the President, the
                Director of the Office of Management and Budget, the head of
                any department or agency of the United States, or any other
                officer or employee of the United States--
                                (1) is to establish a reserve or proposes to
                            defer budget authority with respect to which the
                            President is required to transmit a special
                            message under section 683 or 684 of this title;
                            or
                                (2) has ordered, permitted, or approved the
                            establishment of such a reserve or a deferral of
                            budget authority;

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

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

    [[Page 560]]

           698  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.)
           699  Sec. 688. Procedure in House of Representatives and Senate.
                (a) Referral
                    Any rescission bill introduced with respect to a special
                message or impoundment resolution introduced with respect to
                a proposed deferral of budget authority shall be referred to
                the appropriate committee of the House of Representatives or
                the Senate, as the case may be.
                (b) Discharge of committee
                    (1) If the committee to which a rescission bill or
                impoundment resolution has been referred has not reported it
                at the end of 25 calendar days of continuous session of the
                Congress after its introduction, it is in order to move
                either to discharge the committee from further consideration
                of the bill or resolution or to discharge the committee from
                further consideration of any other rescission bill with
                respect to the same special message or impoundment
                resolution with respect to the same proposed deferral, as
                the case may be, which has been referred to the committee.
                    (2) A motion to discharge may be made only by an
                individual favoring the bill or resolution, may be made only
                if supported by one-fifth of the Members of the House
                involved (a quorum being present), and is highly privileged
                in the House and privileged in the Senate (except that it
                may not be made after the committee has reported a bill or
                resolution with respect to the same special message or the
                same proposed deferral, as the case may be); and debate
                thereon shall be limited to not more than 1 hour, the time
                to be divided in the House equally between those favoring
                and those opposing the bill or resolution, and to be divided
                in the Senate equally between, and controlled by, the
                majority leader and the minority leader or their designees.
                An amendment to the motion is not in order, and it is not in
                order to move to reconsider the vote by which the motion is
                agreed to or disagreed to.

    [[Page 561]]

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

    [[Page 562]]

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

                                            NOTE

                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

    [[Page 563]]

                            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 raised under sections
                            305(b)(2), 305(c)(4), 306, 310(d)(2), 313,
                            904(c), and 904(d) of this Act.
                                (3) Temporary.--An affirmative vote of
                            three-fifths of the Members, duly chosen and
                            sworn, shall be required in the Senate to
                            sustain an appeal of the ruling of the Chair on
                            a point of order raised under sections 301(i),
                            302(c), 302(f), 310(g), 311(a), 312(b), and
                            312(c) of this Act and sections 258(a)(4)(C),
                            258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1),
                            258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the
                            Balanced Budget and Emergency Deficit Control
                            Act of 1985.
                    (e) Expiration of Certain Supermajority Voting
                Requirements.--Subsections (c)(2) and (d)(3) shall expire on
                September 30, 2002.

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

                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:

    [[Page 564]]

                    Resolved (1) That messages received pursuant to Title X
                of the Congressional Budget and Impoundment Control Act [2
                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 rescissions mechanism under Title X. The
                Appropriations and authorizing committees shall exercise
                their normal responsibilities over programs and priorities.
                    (3) If any Committee to which a bill or resolution has
                been referred recommends its passage, the Appropriations
                Committee shall report that bill or resolution together with
                its views and reports of the Budget and any appropriate
                authorizing committees to the Senate within:
                                (A) the time remaining under the Act in the
                            case of rescissions, or
                                (B) within 20 days in the case of deferrals.
                    (4) The 20 day period referred to herein means 20
                calendar days; and for the purposes of computing the 20
                days, recesses or adjournments of the Senate for more than 3
                days to a day certain shall not be counted; and for recesses
                and adjournments of more than 30 calendar days, 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.).
                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 Titles 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,

    [[Page 565]]

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

                             Constitutionality of Line Item Veto

                    The United States Supreme Court, in Clinton v. City of
                New York, 524 U.S. 811, 118 S.Ct. 2091, 141 L.Ed. 2d 393
                (1998), found that the Line Item Veto Act of 1996, Pub.L.
                104-130, April 9, 1996, 110 Stat. 1200, which is classified
                generally to Subchapter III of Chapter 17B (section 691 et
                seq.) of Title 2 was unconstitutional as a violation of the
                Presentment Clause of the United States Constitution (USCA
                Const. Art. I Sec. 7, cl. 2).
           700  Sec. Sec. 691-692. Omitted.
                                        Codification
                    Sections were omitted pursuant to section 5 of Pub.L.
                104-130.
                               Effective and Termination Dates
                    Pub.L. 104-130, Sec. 5, Apr. 9, 1996, 110 Stat. 1212,
                provided that: This Act [enacting this subchapter and
                provisions set out as a note under section 681 of this title
                and amending provisions set out as notes under section 621
                of this title] and the amendments made by it shall take
                effect and apply to measures enacted on the earlier of--
                            (1) the day after the enactment into law,
                        pursuant to Article I, section 7, of the
                        Constitution of the United States, of an Act
                        entitled ``An Act to provide for a seven-year plan
                        for deficit reduction and achieve a balanced Federal
                        budget.''; or
                            (2) January 1, 1997;

                and shall have no force or effect on or after January 1,
                2005.''

    [[Page 566]]

                          Chapter 19.--CONGRESSIONAL AWARD PROGRAM

                         Subchapter I.--Congressional Award Program

           701  Sec. 801. Establishment, etc., of Congressional Award Board.
                    There is established a board to be known as the
                Congressional Award Board (hereinafter in this subchapter
                referred to as the ``Board''), which shall be responsible
                for administering the Congressional Award Program described
                under section 802 of this title. The Board shall not be an
                agency or instrumentality of the United States, and the
                United States is not liable for any obligation or liability
                incurred by the Board. (Pub.L. 96-114, Title I, Sec. 101,
                formerly Sec. 2, Nov. 16, 1979, 93 Stat. 851; renumbered
                Sec. 101 and amended, Pub.L. 106-533, Sec. 1(b)(2), (3),
                Nov. 22, 2000, 114 Stat. 2553.)
           702  Sec. 802. Program.
                (a) Establishment, functions, and purposes; nature of awards
                    The Board shall establish and administer a program to be
                known as the Congressional Award Program, which shall be
                designed to promote initiative, achievement, and excellence
                among youths in the areas of public service, personal
                development, and physical and expedition fitness. Under the
                program medals shall be awarded to young people within the
                United States, aged fourteen through twenty-three (subject
                to such exceptions as the Board may prescribe), who have
                satisfied the standards of achievement established by the
                Board under subsection (b) of this section. Each medal shall
                consist of gold-plate over bronze, rhodium over bronze, or
                bronze and shall be struck in accordance with subsection (f)
                of this section.
                (b) Implementation requirements for Board
                    In carrying out the Congressional Award Program, the
                Board shall--
                                (1) establish the standards of achievement
                            required for young people to qualify as
                            recipients of the medals and establish such
                            procedures as may be required to verify that
                            individuals satisfy such qualifications;
                                (2) designate the recipients of the medals
                            in accordance with the standards established
                            under paragraph (1) of this subsection;
                                (3) delineate such roles as the Board
                            considers to be appropriate for the Director and
                            Regional Directors in administering the
                            Congressional Award, and set forth in the bylaws
                            of the Board the duties, salaries, and benefits
                            of the Director and Regional Directors;
                                (4) raise funds for the operation of the
                            program; and
                                (5) take such other actions as may be
                            appropriate for the administration of the
                            Congressional Award Program.
                    No salary established by the Board under paragraph (3)
                shall exceed $75,000 per annum, except that for calendar
                years after 1986, such limit shall be increased in
                proportion to increases in the Consumer Price Index.
                (c) Presentation of awards
                    The Board shall arrange for the presentation of the
                awards to the recipients and shall provide for participation
                by Members of Congress in such presentation, when
                appropriate. To the extent possible, recipients

    [[Page 567]]

                shall be provided with opportunities to exchange information
                and views with Members of Congress during the presentation
                of the awards.
                (d) Scholarships for recipients of Congressional Award Gold,
                    Silver, and Bronze Medals
                    The Board may award scholarships in such amounts as the
                Board determines to be appropriate to any recipient of the
                Congressional Award Gold, Silver, and Bronze Medals.
                (e) Omitted
                (f) Congressional Award Program medals
                    (1) Design and striking
                                The Secretary of the Treasury shall strike
                            the medals described in subsection (a) of this
                            section and awarded by the Board under this
                            chapter. Subject to subsection (a) of this
                            section, the medals shall be of such quantity,
                            design, and specifications as the Secretary of
                            the Treasury may determine, after consultation
                            with the Board.
                    (2) National medals
                                The medals struck pursuant to this chapter
                            are National medals for purposes of chapter 51
                            of Title 31.
                    (3) Authorization of appropriations
                                There are authorized to be charged against
                            the Numismatic Public Enterprise Fund such
                            amounts as may be necessary to pay for the cost
                            of the medals struck pursuant to this chapter.
                            (Pub.L. 96-114, Title I, Sec. 102, formerly
                            Sec. 3, Nov. 16, 1979, 93 Stat. 851; Pub.L. 99-
                            161, Sec. 4(a) to (c), Nov. 25, 1985, 99 Stat.
                            934; Pub.L. 100-674, Sec. 2(a), Nov. 17, 1988,
                            102 Stat. 3996; Pub.L. 101-525, Sec. 3, Nov. 6,
                            1990, 104 Stat. 2305; Pub.L. 103-329, Title VI,
                            Sec. 637, Sept. 30, 1994, 108 Stat. 2431; Pub.L.
                            106-63, Sec. 1(a), Oct. 1, 1999, 113 Stat. 510;
                            renumbered Sec. 102 and amended, Pub.L. 106-533,
                            Sec. 1(b)(2), (4), Nov. 22, 2000, 114 Stat.
                            2553.)
           703  Sec. 803. Board organization.
                (a) Membership; composition; appointment criteria;
                    derivation of appointment
                    (1) The Board shall consist of 25 members, as follows:
                                (A) Six members appointed by the majority
                            leader of the Senate, 1 of whom shall be a
                            recipient of the Congressional Award.
                                (B) Six members appointed by the minority
                            leader of the Senate, 1 of whom shall be a local
                            Congressional Award program volunteer.
                                (C) Six members appointed by the Speaker of
                            the House of Representatives, 1 of whom shall be
                            a local Congressional Award program volunteer.
                                (D) Six members appointed by the minority
                            leader of the House of Representatives, 1 of
                            whom shall be a recipient of the Congressional
                            Award.
                                (E) The Director of the Board, who shall
                            serve as a nonvoting member.
                    (2) In making appointments to the Board, the
                congressional leadership shall consider recommendations
                submitted by any interested party, including any member of
                the Board. One of the members appointed under each of
                subparagraphs (A) through (D) of paragraph (1) shall be a
                member of the Congress.

    [[Page 568]]

                    (3) Individuals appointed to the Board shall have an
                interest in one or more of the fields of concern of the
                Congressional Award Program.
                    (4) For the purpose of determining the derivation of the
                appointment of any person appointed to the Board under this
                section, if there is a change in the status of majority and
                minority between the parties of the House or the Senate,
                each person appointed under this section shall be deemed to
                have been appointed by the leadership position set out in
                subsection (a)(1) of this section of the party of the
                individual who made the initial appointment of such person.
                (b) Terms of appointed members; reappointment
                    (1) Appointed members of the Board shall continue to
                serve at the pleasure of the officer by whom they are
                appointed, and (unless reappointed under paragraph (3))
                shall serve for a term of 4 years.
                    (2) For the purpose of adjusting the terms of Board
                members to allow for staggered appointments, the following
                distribution of Board terms shall take effect at the first
                meeting of the Board occurring after November 6, 1990:
                                (A) Those members who have served 10 years
                            or more, as of the date of such meeting, shall
                            have an appointment expiring on a date 2 years
                            from October 1, 1990.
                                (B) Those members who have served for 6
                            months or less, as of the date of such meeting,
                            shall have an appointment expiring on a date 6
                            years from October 11, 1990.
                                (C) All other members shall apportion the
                            remaining Board positions between equal numbers
                            of 2 and 4 year terms (providing that if there
                            are an unequal number of remaining members,
                            there shall be a predominance of 4 year terms),
                            such apportionment to be made by lot.
                    (3)(A) Subject to the limitations in subparagraphs (B)
                and (C) of this paragraph, members of the Board may be
                reappointed, provided that no member may serve more than 2
                consecutive terms.
                    (B) Members of the Board covered under paragraph (2)(A)
                of this subsection shall not be eligible for reappointment
                to the Board. Members of the Board covered under
                subparagraphs (B) and (C) of paragraph (2) of this
                subsection may be reappointed for 1 additional consecutive 4
                year term.
                    (C) Members of the Board who serve as chairman of the
                Board shall not have the time during which they serve as
                chairman used in the computation of their period of service
                for purposes of this paragraph and paragraph (2).
                (c) Vacancies in membership
                    (1) Any vacancy in the Board shall be filled in the same
                manner in which the original appointment was made.
                    (2) Any appointed member of the Board may continue to
                serve after the expiration of his term until his successor
                has taken office.
                    (3) Vacancies in the membership of the Board shall not
                affect its power to function if there remain sufficient
                members to constitute a quorum under subsection (d) of this
                section.
                (d) Notice; quorum
                    (1) A meeting of the Board may be convened only if--

    [[Page 569]]

                                (A) notice of the meeting was provided to
                            each member in accordance with the bylaws; and
                                (B) not less than 11 members are present for
                            the meeting at the time given in the notice.
                    (2) A majority of the members present when a meeting is
                convened shall constitute a quorum for the remainder of the
                meeting.
                (e) Compensation for travel expenses of members
                    Members of the Board shall serve without pay but may be
                compensated for reasonable travel expenses incurred by them
                in the performance of their duties as members of the Board.
                (f) Meetings
                    The Board shall meet at least twice a year at the call
                of the Chairman (with at least one meeting in the District
                of Columbia) and at such other times as the Chairman may
                determine to be appropriate. The Chairman shall call a
                meeting of the Board whenever one-third of the members of
                the Board submit written requests for such a meeting.
                (g) Chairman and Vice Chairman
                    The Chairman and the Vice Chairman of the Board shall be
                elected from among the members of the Board by a majority
                vote of the Board for such terms as the Board determines.
                The Vice Chairman shall perform the duties of the Chairman
                in his absence.
                (h) Appointment, functions, etc., of committees; membership
                    (1) The Board may appoint such committees, and assign to
                the committees such functions, as may be appropriate to
                assist the Board in carrying out its duties under this
                chapter. Members of such committees may include the members
                of the Board or such other qualified individuals as the
                Board may select.
                    (2) Any employee or officer of the Federal Government
                may serve as a member of a committee created by the Board,
                but may not receive compensation for services performed for
                such a committee.
                (i) Bylaws and regulations; contents; transmittal to
                    Congress
                    The Board shall establish such bylaws and other
                regulations as may be appropriate to enable the Board to
                carry out its functions under this chapter. Such bylaws and
                other regulations shall include provisions to prevent any
                conflict of interest, or the appearance of any conflict of
                interest, in the procurement and employment actions taken by
                the Board or by any officer or employee of the Board. Such
                bylaws shall include appropriate fiscal control, funds
                accountability, and operating principles to ensure
                compliance with the provisions of section 806 of this title.
                A copy of such bylaws shall be transmitted to each House of
                Congress not later than 90 days after November 25, 1985, and
                not later than 10 days after any subsequent amendment or
                revision of such bylaws.
                (j) Removal from Board
                    Any member of the Board who fails to attend 4
                consecutive Board meetings scheduled pursuant to the bylaws
                of the Board and for which proper notice has been given
                under such bylaws, or to send a designee of such member
                (approved in advance by the Board under provisions of its
                bylaws), is, by operation of this subsection, removed, for
                cause,

    [[Page 570]]

                from the Board as of the date of the last meeting from which
                they are absent. The Chairman of the Board shall take such
                steps as are necessary to inform members who have 3 absences
                of this subsection. The Chairman shall notify the House and
                the Senate, including the appropriate committees of each
                body, whenever there is a vacancy created by the operation
                of this subsection. (Pub.L. 96-114, Title I, Sec. 103,
                formerly Sec. 4, Nov. 16, 1979, 93 Stat. 852; Pub.L. 98-33,
                Sec. 1, May 25, 1983, 97 Stat. 194; Pub.L. 99-161, Sec. 2,
                4(d), (e), Nov. 25, 1985, 99 Stat. 934, 935; Pub.L. 100-674,
                Sec. 2(b), Nov. 17, 1988, 102 Stat. 3996; Pub.L. 101-525,
                Sec. Sec. 4-6, Nov. 6, 1990, 104 Stat. 2305, 2306; Pub.L.
                106-63, Sec. 1(b), Oct. 1, 1999, 113 Stat. 510; renumbered
                Sec. 103 and amended, Pub.L. 106-533, Sec. 1(b)(2), (5),
                Nov. 22, 2000, 114 Stat. 2553, 2554; Pub.L. 109-143,
                Sec. 1(c)(1), Dec. 22, 2005, 119 Stat. 2659.)
           704  Sec. 804. Administration.
                (a) Director; status; appointment and term; removal
                    In the administration of the Congressional Award
                Program, the Board shall be assisted by a Director, who
                shall be the principal executive of the program and who
                shall supervise the affairs of the Board. The Director shall
                be appointed by a majority vote of the Board, and shall
                serve for such term as the Board may determine. The Director
                may be removed by a majority vote of the Board.
                (b) Functions of Director
                    The Director shall, in consultation with the Board--
                                (1) formulate programs to carry out the
                            policies of the Congressional Award Program;
                                (2) establish such divisions within the
                            Congressional Award Program as may be
                            appropriate; and
                                (3) employ and provide for the compensation
                            of such personnel as may be necessary to carry
                            out the Congressional Award Program, subject to
                            such policies as the Board shall prescribe under
                            its bylaws.
                (c) Requirements regarding financial operations;
                    noncompliance with requirements
                    (1) The Director shall, in consultation with the Board,
                ensure that appropriate procedures for fiscal control and
                fund accounting are established for the financial operations
                of the Congressional Award Program, and that such operations
                are administered by personnel with expertise in accounting
                and financial management. Such personnel may be retained
                under contract. In carrying out this paragraph, the Director
                shall ensure that the liabilities of the Board do not, for
                any calendar year, exceed the assets of the Board.
                    (2)(A) The Comptroller General of the United States
                shall determine, for calendar years 1993, 1994, 1995, 1996,
                1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
                2007, 2008, and 2009, whether the Director has substantially
                complied with paragraph (1). The findings made by the
                Comptroller General under the preceding sentence shall be
                included in the first report submitted under section 807(b)
                of this title after December 31, 1994.
                    (B) If the Director fails to substantially comply with
                paragraph (1), the Board shall take such actions as may be
                necessary to prepare, pursuant to section 808 of this title,
                for the orderly cessation of the

    [[Page 571]]

                activities of the Board. (Pub.L. 96-114, Title I, Sec. 104,
                formerly Sec. 5, Nov. 16, 1979, 93 Stat. 853; Pub.L. 102-
                457, Sec. 2, Oct. 23, 1992, 106 Stat. 2265; Pub.L. 104-208,
                Div. A, Title V, Sec. 5401(a), Sept. 30, 1996, 110 Stat.
                3009-511; Pub.L. 106-63, Sec. 1(c), Oct. 1, 1999, 113 Stat.
                510; renumbered Sec. 104, Pub.L. 106-533, Sec. 1(b)(2), Nov.
                22, 2000, 114 Stat. 2553; Pub.L. 109-143, Sec. 1(a), (c)(2),
                Dec. 22, 2005, 119 Stat. 2659.)
           705  Sec. 805. Regional award directors of program; appointment
                    criteria.
                    Regional award directors may be appointed by the Board,
                upon recommendation of the Director, for any State or other
                appropriate geographic area of the United States. The
                Director shall make such recommendations with respect to a
                State or geographic area only after soliciting
                recommendations regarding such appointments from public and
                private youth organizations within such State or geographic
                area. (Pub.L. 96-114, Title I, Sec. 105, formerly Sec. 6,
                Nov. 16, 1979, 93 Stat. 853; renumbered Sec. 105, Pub.L.
                106-533, Sec. 1(b)(2), Nov. 22, 2000, 114 Stat. 2553.)
           706  Sec. 806. Powers, functions, and limitations.
                (a) General operating and expenditure authority
                    Subject to such limitations as may be provided for under
                this section, the Board may take such actions and make such
                expenditures as may be necessary to carry out the
                Congressional Award Program, except that--
                                (1) the Board shall carry out its functions
                            and make expenditures with only such resources
                            as are available to the Board from sources other
                            than the Federal Government; and
                                (2) the Board shall not take any actions
                            which would disqualify the Board from treatment
                            (for tax purposes) as an organization described
                            in section 501(c)(3) of Title 26.
                (b) Mandatory functions
                    (1) The Board shall establish such functions and
                procedures as may be necessary to carry out the provisions
                of this chapter.
                    (2) The functions established by the Board under
                paragraph (1) shall include--
                                (A) communication with local Congressional
                            Award Councils concerning the Congressional
                            Award Program;
                                (B) provision, upon the request of any local
                            Congressional Award Council, of such technical
                            assistance as may be necessary to assist such
                            council with its responsibilities, including the
                            provision of medals, the preparation and
                            provision of applications, guidance on
                            disposition of applications, arrangements with
                            respect to local award ceremonies, and other
                            responsibilities of such council;
                                (C) conduct of outreach activities to
                            establish new local Congressional Award
                            Councils, particularly in inner-city areas and
                            rural areas;
                                (D) in addition to those activities
                            authorized under subparagraph (C), conduct of
                            outreach activities to encourage, where
                            appropriate, the establishment and development
                            of Statewide Congressional Award Councils;
                                (E) fundraising;
                                (F) conduct of an annual Gold Medal Awards
                            ceremony in the District of Columbia;

    [[Page 572]]

                                (G) consideration of implementation of the
                            provisions of this chapter relating to
                            scholarships; and
                                (H) carrying out of duties relating to
                            management of the national office of the
                            Congressional Award Program, including
                            supervision of office personnel and of the
                            office budget.
                (c) Statewide Congressional Award Councils; establishment,
                    purposes, duties, etc.
                    (1) In carrying out its functions with respect to
                Statewide Congressional Award Councils (hereinafter in this
                subsection referred to as Statewide Councils) under
                subsection (b) of this section, the Board shall develop
                guidelines, criteria, and standards for the formation of
                Statewide Councils. In order to create a Statewide Council,
                Members of Congress and Senators from each respective State
                are encouraged to work jointly with the Board.
                    (2) The establishment of Statewide Councils is intended
                to--
                                (A) facilitate expanded public participation
                            and involvement in the program; and
                                (B) promote greater opportunities for
                            involvement by members of the State
                            congressional delegation.
                    (3) The duties and responsibilities of each Statewide
                Council established pursuant to this section shall include,
                but not be limited to, the following:
                                (A) promoting State and local awareness of
                            the Congressional Award Program;
                                (B) review of participant records and
                            activities;
                                (C) review and verification of information
                            on, and recommendation of, candidates to the
                            national board for approval;
                                (D) planning and organization of bronze and
                            silver award ceremonies;
                                (E) assisting gold award recipients with
                            travel to and from the national gold award
                            ceremony; and
                                (F) designation of a Statewide coordinator
                            to serve as a liaison between the State and
                            local boards and the national board.
                    (4) Each Statewide Council established pursuant to this
                section is authorized to receive public monetary and in-kind
                contributions, which may be made available to local boards
                to supplement or defray operating expenses. The Board shall
                adopt appropriate financial management methods in order to
                ensure the proper accounting of these funds.
                    (5) Each Statewide Council established pursuant to this
                section shall comply with the standard charter requirements
                of the national board of directors.
                (d) Contracting authority
                    The Board may enter into and perform such contracts as
                may be appropriate to carry out its business, but the Board
                may not enter into any contract which would obligate the
                Board to expend an amount greater than the amount available
                to the Board for the purpose of such contract during the
                fiscal year in which the expenditure is made.

    [[Page 573]]

                (e) Obtaining and acceptance of non-Federal funds and
                    resources; indirect resources
                    (1) Subject to the provisions of paragraph (2), the
                Board may seek and accept funds and other resources to carry
                out its activities. The Board may not accept any funds or
                other resources which are--
                                (A) donated with a restriction on their use
                            unless such restriction merely provides that
                            such funds or other resources be used in
                            furtherance of the Congressional Award Program
                            or a specific regional or local program; and
                                (B) donated subject to the condition that
                            the identity of the donor of the funds or
                            resources shall remain anonymous. The Board may
                            permit donors to use the name of the Board or
                            the name ``Congressional Award Program'' in
                            advertising.
                    (2) Except as otherwise provided in this chapter, the
                Board may not receive any Federal funds or resources. The
                Board may benefit from in-kind and indirect resources
                provided by Offices of Members of Congress or the Congress.
                Further, the Board is not prohibited from receiving indirect
                benefits from efforts or activities undertaken in
                collaboration with entities which receive Federal funds or
                resources.
                (f) Acceptance and utilization of services of voluntary,
                    uncompensated personnel
                    The Board may accept and utilize the services of
                voluntary, uncompensated personnel.
                (g) Lease, etc., of real or personal property
                    The Board may lease (or otherwise hold), acquire, or
                dispose of real or personal property necessary for, or
                relating to, the duties of the Board.
                (h) Fiscal authority
                    The Board shall have no power--
                                (1) to issue bonds, notes, debentures, or
                            other similar obligations creating long-term
                            indebtedness;
                                (2) to issue any share of stock or to
                            declare or pay any dividends; or
                                (3) to provide for any part of the income or
                            assets of the Board to inure to the benefit of
                            any director, officer, or employee of the Board
                            except as reasonable compensation for services
                            or reimbursement for expenses.
                (i) Establishment, functions, etc., of private nonprofit
                    corporation; articles of incorporation of corporation;
                    compensation, etc., for director, officer, or employee
                    of corporation
                    (1) The Board shall provide for the establishment of a
                private nonprofit corporation for the sole purpose of
                assisting the Board to carry out the Congressional Award
                Program, and shall delegate to the corporation such duties
                as it considers appropriate.
                    (2) The articles of incorporation of the corporation
                established under this subsection shall provide that--
                                (A) the members of the Board of Directors of
                            the corporation shall be the members of the
                            Board, and the Director of the corporation shall
                            be the Director of the Board; and

    [[Page 574]]

                                (B) the extent of the authority of the
                            corporation shall be the same as that of the
                            Board.
                    (3) No director, officer, or employee of any corporation
                established under this subsection may receive compensation,
                travel expenses, or benefits from both the corporation and
                the Board. (Pub.L. 96-114, Title I, Sec. 106, formerly
                Sec. 7, Nov. 16, 1979, 93 Stat. 854; Pub.L. 99-161,
                Sec. 4(f), Nov. 25, 1985, 99 Stat. 935; Pub.L. 99-514,
                Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L. 100-674,
                Sec. 2(c), Nov. 17, 1988, 102 Stat. 3996; Pub.L. 101-525,
                Sec. 7, Nov. 6, 1990, 104 Stat. 2306; renumbered Sec. 106,
                Pub.L. 106-533, Sec. 1(b)(2), Nov. 22, 2000, 114 Stat.
                2553.)
           707  Sec. 807. Audits and evaluation.
                (a) Annual audits by Comptroller General; access to books,
                    documents, papers, and records
                    The financial records of the Board and of any
                corporation established under section 806(i) of this title
                shall be audited annually by the Comptroller General of the
                United States (hereinafter in this section referred to as
                the ``Comptroller General''). The Comptroller General, or
                any duly authorized representative of the Comptroller
                General, shall have access for the purpose of audit to any
                books, documents, papers, and records of the Board or such
                corporation (or any agent of the Board or such corporation)
                which, in the opinion of the Comptroller General, may be
                pertinent to the Congressional Award Program.
                (b) Annual report to Congress on audit results
                    The Comptroller General shall submit to appropriate
                officers, committees, and subcommittees of the Congress, by
                May 15th of each calendar year, a report on the results of
                the audit of the financial records and on any such
                additional areas as the Comptroller General determines
                deserve or require evaluation. (Pub.L. 96-114, Title I,
                Sec. 107, formerly Sec. 8, Nov. 16, 1979, 93 Stat. 855;
                Pub.L. 99-161, Sec. 4(g), Nov. 25, 1985, 99 Stat. 935;
                Pub.L. 100-674, Sec. 2(e), Nov. 17, 1988, 102 Stat. 3998;
                Pub.L. 101-525, Sec. 8, Nov. 6, 1990, 104 Stat. 2308;
                renumbered Sec. 107, Pub.L. 106-533, Sec. 1(b)(2), Nov. 22,
                2000, 114 Stat. 2553.)
           708  Sec. 808. Termination.
                    The Board shall terminate October 1, 2009. (Pub.L. 96-
                114, Title I, Sec. 108, formerly Sec. 9, Nov. 16, 1979, 93
                Stat. 855; Pub.L. 99-161, Sec. 3, Nov. 25, 1985, 99 Stat.
                934; Pub.L. 100-674, Sec. 2(d), Nov. 17, 1988, 102 Stat.
                3997; Pub.L. 101-525, Sec. 2(a), Nov. 6, 1990, 104 Stat.
                2305; Pub.L. 102-457, Sec. 3, Oct. 23, 1992, 106 Stat. 2266;
                Pub.L. 104-208, Div. A, Title V, Sec. 5401(b), Sept. 30,
                1996, 110 Stat. 3009-511; Pub.L. 106-63, Sec. 1(d), Oct. 1,
                1999, 113 Stat. 510; renumbered Sec. 108, Pub.L. 106-533,
                Sec. 1(b)(2), Nov. 22, 2000, 114 Stat. 2553; Pub.L. 109-143,
                Sec. 1(b)(1), Dec. 22, 2005, 119 Stat. 2659.)

                 Subchapter II. Congressional Recognition for Excellence in
                                       Arts Education

           709  Sec. 811. Findings.
                    Congress makes the following findings:
                                (1) Arts literacy is a fundamental purpose
                            of schooling for all students.

    [[Page 575]]

                                (2) Arts education stimulates, develops, and
                            refines many cognitive and creative skills,
                            critical thinking and nimbleness in judgment,
                            creativity and imagination, cooperative
                            decisionmaking, leadership, high-level literacy
                            and communication, and the capacity for problem-
                            posing and problem-solving.
                                (3) Arts education contributes significantly
                            to the creation of flexible, adaptable, and
                            knowledgeable workers who will be needed in the
                            21st century economy.
                                (4) Arts education improves teaching and
                            learning.
                                (5) Where parents and families, artists,
                            arts organizations, businesses, local civic and
                            cultural leaders, and institutions are actively
                            engaged in instructional programs, arts
                            education is more successful.
                                (6) Effective teachers of the arts should be
                            encouraged to continue to learn and grow in
                            mastery of their art form as well as in their
                            teaching competence.
                                (7) The 1999 study, entitled ``Gaining the
                            Arts Advantage: Lessons from School Districts
                            that Value Arts Education'', found that the
                            literacy, education, programs, learning and
                            growth described in paragraphs (1) through (6)
                            contribute to successful districtwide arts
                            education.
                                (8) Despite all of the literacy, education,
                            programs, learning and growth findings described
                            in paragraphs (1) through (6), the 1997 National
                            Assessment of Educational Progress reported that
                            students lack sufficient opportunity for
                            participatory learning in the arts.
                                (9) The Arts Education Partnership, a
                            coalition of national and State education, arts,
                            business, and civic groups, is an excellent
                            example of one organization that has
                            demonstrated its effectiveness in addressing the
                            purposes described in section 814(a) of this
                            title and the capacity and credibility to
                            administer arts education programs of national
                            significance. (Pub.L. 96-114, Title II,
                            Sec. 202, as added Pub.L. 106-533, Sec. 1(a),
                            Nov. 22, 2000, 114 Stat. 2545.)
           710  Sec. 812. Definitions.
                    In this subchapter:
                                (1) Arts Education Partnership

                                    The term ``Arts Education Partnership''
                                means a private, nonprofit coalition of
                                education, arts, business, philanthropic,
                                and government organizations that
                                demonstrates and promotes the essential role
                                of arts education in enabling all students
                                to succeed in school, life, and work, and
                                was formed in 1995.

                                (2) Board

                                    The term ``Board'' means the
                                Congressional Recognition for Excellence in
                                Arts Education Awards Board established
                                under section 813 of this title.

                                (3) Elementary school; secondary school

                                    The terms ``elementary school'' and
                                ``secondary school'' mean--

                                            (A) a public or private
                                        elementary school or secondary
                                        school (as the case may be), as
                                        defined in section 14101 of the
                                        Elementary and Secondary Education
                                        Act of 1965 (20 U.S.C. 8801); or

                                            (B) a bureau\1\ funded school as
                                        defined in section 2026 of Title 25.

                    \1\ So in original. Probably should be capitalized.

    [[Page 576]]

                                (4) State

                                    The term ``State'' means each of the
                                several States of the United States, the
                                District of Columbia, the Commonwealth of
                                Puerto Rico, Guam, American Samoa, the
                                United States Virgin Islands, the
                                Commonwealth of the Northern Mariana
                                Islands, the Republic of the Marshall
                                Islands, the Federated States of Micronesia,
                                and the Republic of Palau. (Pub.L. 96-114,
                                Title II, Sec. 203, as added Pub.L. 106-533,
                                Sec. 1(a), Nov. 22, 2000, 114 Stat. 2546.)

           711  Sec. 813. Establishment of Board.
                    There is established within the legislative branch of
                the Federal Government a Congressional Recognition for
                Excellence in Arts Education Awards Board. The Board shall
                be responsible for administering the awards program
                described in section 814 of this title. (Pub.L. 96-114,
                Title II, Sec. 204, as added Pub.L. 106-533, Sec. 1(a), Nov.
                22, 2000, 114 Slat. 2546.)
           712  Sec. 814. Board duties.
                (a) Awards program established
                    The Board shall establish and administer an awards
                program to be known as the ``Congressional Recognition for
                Excellence in Arts Education Awards Program''. The purpose
                of the program shall be to--
                                (1) celebrate the positive impact and public
                            benefits of the arts;
                                (2) encourage all elementary schools and
                            secondary schools to integrate the arts into the
                            school curriculum;
                                (3) spotlight the most compelling evidence
                            of the relationship between the arts and student
                            learning;
                                (4) demonstrate how community involvement in
                            the creation and implementation of arts policies
                            enriches the schools;
                                (5) recognize school administrators and
                            faculty who provide quality arts education to
                            students;
                                (6) acknowledge schools that provide
                            professional development opportunities for their
                            teachers;
                                (7) create opportunities for students to
                            experience the relationship between early
                            participation in the arts and developing the
                            life skills necessary for future personal and
                            professional success;
                                (8) increase, encourage, and ensure
                            comprehensive, sequential arts learning for all
                            students; and
                                (9) expand student access to arts education
                            in schools in every community.
                (b) Duties
                    (1) School awards
                                The Board shall--

                                    (A) make annual awards to elementary
                                schools and secondary schools in the States
                                in accordance with criteria established
                                under subparagraph (B), which awards--

                                            (i) shall be of such design and
                                        materials as the Board may
                                        determine, including a well-designed
                                        certificate or a work of art,
                                        designed for the awards event by an
                                        appropriate artist; and

                                            (ii) shall be reflective of the
                                        dignity of Congress;

    [[Page 577]]

                                    (B) establish criteria required for a
                                school to receive the award, and establish
                                such procedures as may be necessary to
                                verify that the school meets the criteria,
                                which criteria shall include criteria
                                requiring--

                                            (i) that the school--

                                                    (I) provides
                                                comprehensive, sequential
                                                arts learning; and
                                                    (II) integrates the arts
                                                throughout the curriculum in
                                                subjects other than the
                                                arts; and

                                            (ii) 3 of the following:

                                                    (I) that the community
                                                serving the school is
                                                actively involved in shaping
                                                and implementing the arts
                                                policies and programs of the
                                                school;
                                                    (II) that the school
                                                principal supports the
                                                policy of arts education for
                                                all students;
                                                    (III) that arts teachers
                                                in the school are encouraged
                                                to learn and grow in mastery
                                                of their art form as well as
                                                in their teaching
                                                competence;
                                                    (IV) that the school
                                                actively encourages the use
                                                of arts assessment
                                                techniques for improving
                                                student, teacher, and
                                                administrative performance;
                                                and
                                                    (V) that school leaders
                                                engage the total school
                                                community in arts activities
                                                that create a climate of
                                                sup-port for arts education;
                                                and

                                    (C) include, in the procedures necessary
                                for verification that a school meets the
                                criteria described in subparagraph (B),
                                written evidence of the specific criteria,
                                and supporting documentation, that
                                includes--

                                            (i) 3 letters of support for the
                                        school from community members, which
                                        may include a letter from--

                                                    (I) the school's Parent
                                                Teacher Association (PTA);
                                                    (II) community leaders,
                                                such as elected or appointed
                                                officials; and
                                                    (III) arts organizations
                                                or institutions in the
                                                community that partner with
                                                the school; and

                                            (ii) the completed application
                                        for the award signed by the
                                        principal or other education leader
                                        such as a school district arts
                                        coordinator, school board member, or
                                        school superintendent;

                                    (D) determine appropriate methods for
                                disseminating information about the program
                                and make application forms available to
                                schools;

                                    (E) delineate such roles as the Board
                                considers to be appropriate for the Director
                                in administering the program, and set forth
                                in the bylaws of the Board the duties,
                                salary, and benefits of the Director;

                                    (F) raise funds for the operation of the
                                program;

                                    (G) determine, and inform Congress
                                regarding, the national readiness for
                                interdisciplinary individual student awards
                                described in paragraph (2), on the basis of
                                the framework established in the 1997
                                National Assessment of Educational Progress
                                and such other criteria as the Board
                                determines appropriate; and

    [[Page 578]]

                                    (H) take such other actions as may be
                                appropriate for the administration of the
                                Congressional Recognition for Excellence in
                                Arts Education Awards Program.

                    (2) Student awards
                                (A) In general

                                    At such time as the Board determines
                                appropriate, the Board--

                                            (i) shall make annual awards to
                                        elementary school and secondary
                                        school students for individual
                                        interdisciplinary arts achievement;
                                        and

                                            (ii) establish criteria for the
                                        making of the awards.

                                (B) Award model

                                    The Board may use as a model for the
                                awards the Congressional Award Program and
                                the President's Physical Fitness Award
                                Program.

                (c) Presentation
                    The Board shall arrange for the presentation of awards
                under this section to the recipients and shall provide for
                participation by Members of Congress in such presentation,
                when appropriate.
                (d) Date of announcement
                    The Board shall determine an appropriate date or dates
                for announcement of the awards under this section, which
                date shall coincide with a National Arts Education Month or
                a similarly designated day, week or month, if such
                designation exists.
                (e) Report
                    (1) In general
                                The Board shall prepare and submit an annual
                            report to Congress not later than March 1 of
                            each year summarizing the activities of the
                            Congressional Recognition for Excellence in Arts
                            Education Awards Program during the previous
                            year and making appropriate recommendations for
                            the program. Any minority views and
                            recommendations of members of the Board shall be
                            included in such reports.
                    (2) Contents
                                The annual report shall contain the
                            following:

                                    (A) Specific information regarding the
                                methods used to raise funds for the
                                Congressional Recognition for Excellence in
                                Arts Education Awards Program and a list of
                                the sources of all money raised by the
                                Board.

                                    (B) Detailed information regarding the
                                expenditures made by the Board, including
                                the percentage of funds that are used for
                                administrative expenses.

                                    (C) A description of the programs
                                formulated by the Director under section
                                816(b)(1) of this title, including an
                                explanation of the operation of such
                                programs and a list of the sponsors of the
                                programs.

                                    (D) A detailed list of the
                                administrative expenditures made by the
                                Board, including the amounts expended for
                                salaries, travel expenses, and reimbursed
                                expenses.

    [[Page 579]]

                                    (E) A list of schools given awards under
                                the program, and the city, town, or county,
                                and State in which the school is located.

                                    (F) An evaluation of the state of arts
                                education in schools, which may include
                                anecdotal evidence of the effect of the
                                Congressional Recognition for Excellence in
                                Arts Education Awards Program on individual
                                school curriculum.

                                    (G) On the basis of the findings
                                described in section 811 of this title and
                                the purposes of the Congressional
                                Recognition for Excellence in Arts Education
                                Awards Program described in subsection (a)
                                of this section, a recommendation regarding
                                the national readiness to make individual
                                student awards under subsection (b)(2) of
                                this section. (Pub.L. 96-114, Title II,
                                Sec. 205, as added Pub.L. 106-533,
                                Sec. 1(a), Nov. 22, 2000, 114 Stat. 2546.)

           713  Sec. 815. Composition of Board; Advisory Board.
                (a) Composition
                    (1) In general
                                The Board shall consist of 9 members as
                            follows:

                                    (A) 2 Members of the Senate appointed by
                                the Majority Leader of the Senate.

                                    (B) 2 Members of the Senate appointed by
                                the Minority Leader of the Senate.

                                    (C) 2 Members of the House of
                                Representatives appointed by the Speaker of
                                the House of Representatives.

                                    (D) 2 Members of the House of
                                Representatives appointed by the Minority
                                Leader of the House of Representatives.

                                    (E) The Director of the Board, who shall
                                serve as a nonvoting member.

                    (2) Advisory Board
                                There is established an Advisory Board to
                            assist and advise the Board with respect to its
                            duties under this subchapter, that shall consist
                            of 15 members appointed--

                                    (A) in the case of the initial such
                                members of the Advisory Board, by the
                                leaders of the Senate and House of
                                Representatives making the appointments
                                under paragraph (1), from recommendations
                                received from organizations and entities
                                involved in the arts such as businesses,
                                civic and cultural organizations, and the
                                Arts Education Partnership steering
                                committee; and

                                    (B) in the case of any other such
                                members of the Advisory Board, by the Board.

                    (3) Special rule for Advisory Board
                                In making appointments to the Advisory
                            Board, the individuals and entity making the
                            appointments under paragraph (2) shall consider
                            recommendations submitted by any interested
                            party, including any member of the Board.
                    (4) Interest
                                (A) In general

                                    Members of Congress appointed to the
                                Board shall have an interest in 1 of the
                                purposes described in section 814(a) of this
                                title.

                                (B) Diversity

    [[Page 580]]

                                    The membership of the Advisory Board
                                shall represent a balance of artistic and
                                education professionals, including at least
                                1 representative who teaches in each of the
                                following disciplines:

                                            (i) Music.

                                            (ii) Theater.

                                            (iii) Visual Arts.

                                            (iv) Dance.

                (b) Terms
                    (1) Board
                                Members of the Board shall serve for terms
                            of 6 years, except that of the members first
                            appointed--

                                    (A) 1 Member of the House of
                                Representatives and 1 Member of the Senate
                                shall serve for terms of 2 years;

                                    (B) 1 Member of the House of
                                Representatives and 1 Member of the Senate
                                shall serve for terms of 4 years; and

                                    (C) 2 Members of the House of
                                Representatives and 2 Members of the Senate
                                shall serve for terms of 6 years, as
                                determined by lot when all such members have
                                been appointed.

                    (2) Advisory Board
                                Members of the Advisory Board shall serve
                            for terms of 6 years, except that of the members
                            first appointed, 3 shall serve for terms of 2
                            years, 4 shall serve for terms of 4 years, and 8
                            shall serve for terms of 6 years, as determined
                            by lot when all such members have been
                            appointed.
                (c) Vacancy
                    (1) In general
                                Any vacancy in the membership of the Board
                            or Advisory Board shall be filled in the same
                            manner in which the original appointment was
                            made.
                    (2) Term
                                Any member appointed to fill a vacancy
                            occurring before the expiration of the term for
                            which the member's predecessor was appointed
                            shall be appointed only for the remainder of
                            such term.
                    (3) Extension
                                Any appointed member of the Board or
                            Advisory Board may continue to serve after the
                            expiration of the member's term until the
                            member's successor has taken office.
                    (4) Special rule
                                Vacancies in the membership of the Board
                            shall not affect the Board's power to function
                            if there remain sufficient members of the Board
                            to constitute a quorum under subsection (d) of
                            this section.
                (d) Quorum
                    A majority of the members of the Board shall constitute
                a quorum.
                (e) Compensation
                    Members of the Board and Advisory Board shall serve
                without pay but may be compensated, from amounts in the
                trust fund, for reasonable travel expenses incurred by the
                members in the performance of their duties as members of the
                Board.

    [[Page 581]]

                (f) Meetings
                    The Board shall meet annually at the call of the
                Chairperson and at such other times as the Chairperson may
                determine to be appropriate. The Chairperson shall call a
                meeting of the Board whenever \1/3\ of the members of the
                Board submit written requests for such a meeting.
                (g) Officers
                    The Chairperson and the Vice Chairperson of the Board
                shall be elected from among the members of the Board, by a
                majority vote of the members of the Board, for such terms as
                the Board determines. The Vice Chairperson shall perform the
                duties of the Chairperson in the absence of the Chairperson.
                (h) Committees
                    (1) In general
                                The Board may appoint such committees, and
                            assign to the committees such functions, as may
                            be appropriate to assist the Board in carrying
                            out its duties under this subchapter. Members of
                            such committees may include the members of the
                            Board or the Advisory Board.
                    (2) Special rule
                                Any employee or officer of the Federal
                            Government may serve as a member of a committee
                            created by the Board, but may not receive
                            compensation for services performed for such a
                            committee.
                (i) Bylaws and other requirements
                    The Board shall establish such bylaws and other
                requirements as may be appropriate to enable the Board to
                carry out the Board's duties under this subchapter. (Pub.L.
                96-114, Title II, Sec. 206, as added Pub.L. 106-533,
                Sec. 1(a), Nov. 22, 2000, 114 Stat. 2549.)
           714  Sec. 816. Administration.
                (a) In general
                    In the administration of the Congressional Recognition
                for Excellence in Arts Education Awards Program, the Board
                shall be assisted by a Director, who shall be the principal
                executive of the program and who shall supervise the affairs
                of the Board. The Director shall be appointed by a majority
                vote of the Board.
                (b) Director's responsibilities
                    The Director shall, in consultation with the Board--
                                (1) formulate programs to carry out the
                            policies of the Congressional Recognition for
                            Excellence in Arts Education Awards Program;
                                (2) establish such divisions within the
                            Congressional Recognition for Excellence in Arts
                            Education Awards Program as may be appropriate;
                            and
                                (3) employ and provide for the compensation
                            of such personnel as may be necessary to carry
                            out the Congressional Recognition for Excellence
                            in Arts Education Awards Program, subject to
                            such policies as the Board shall prescribe under
                            its bylaws.

    [[Page 582]]

                (c) Application
                    Each school or student desiring an award under this
                subchapter shall submit an application to the Board at such
                time, in such manner and accompanied by such information as
                the Board may require. (Pub.L. 96-114, Title II, Sec. 207,
                as added Pub.L. 106-533, Sec. 1(a), Nov. 22, 2000, 114 Stat.
                2551.)
           715  Sec. 817. Limitations.
                (a) In general
                    Subject to such limitations as may be provided for under
                this section, the Board may take such actions and make such
                expenditures as may be necessary to carry out the
                Congressional Recognition for Excellence in Arts Education
                Awards Program, except that the Board shall carry out its
                functions and make expenditures with only such resources as
                are available to the Board from the Congressional
                Recognition for Excellence in Arts Education Awards Trust
                Fund under section 817c of this title.
                (b) Contracts
                    The Board may enter into such contracts as may be
                appropriate to carry out the business of the Board, but the
                Board may not enter into any contract which will obligate
                the Board to expend an amount greater than the amount
                available to the Board for the purpose of such contract
                during the fiscal year in which the expenditure is made.
                (c) Gifts
                    The Board may seek and accept, from sources other than
                the Federal Government, funds and other resources to carry
                out the Board's activities. The Board may not accept any
                funds or other resources that are--
                                (1) donated with a restriction on their use
                            unless such restriction merely provides that
                            such funds or other resources be used in
                            furtherance of the Congressional Recognition for
                            Excellence in Arts Education Awards Program; or
                                (2) donated subject to the condition that
                            the identity of the donor of the funds or
                            resources shall remain anonymous.
                (d) Volunteers
                    The Board may accept and utilize the services of
                voluntary, uncompensated personnel.
                (e) Real or personal property
                    The Board may lease (or otherwise hold), acquire, or
                dispose of real or personal property necessary for, or
                relating to, the duties of the Board.
                (f) Prohibitions
                    The Board shall have no power--
                                (1) to issue bonds, notes, debentures, or
                            other similar obligations creating long-term
                            indebtedness;
                                (2) to issue any share of stock or to
                            declare or pay any dividends; or
                                (3) to provide for any part of the income or
                            assets of the Board to inure to the benefit of
                            any director, officer, or employee of the Board
                            except as reasonable compensation for services
                            or reimburse

    [[Page 583]]

                            ment for expenses. (Pub.L. 96-114, Title II,
                            Sec. 208, as added Pub.L. 106-533, Sec. 1(a),
                            Nov. 22, 2000, 114 Stat. 2551.)
           716  Sec. 817a. Audits.
                    The financial records of the Board may be audited by the
                Comptroller General of the United States at such times as
                the Comptroller General may determine to be appropriate. The
                Comptroller General, or any duly authorized representative
                of the Comptroller General, shall have access for the
                purpose of audit to any books, documents, papers, and
                records of the Board (or any agent of the Board) which, in
                the opinion of the Comptroller General, may be pertinent to
                the Congressional Recognition for Excellence in Arts
                Education Awards Program. (Pub.L. 96-114, Title II,
                Sec. 209, as added Pub.L. 106-533, Sec. 1(a), Nov. 22, 2000,
                114 Stat. 2552.)
           717  Sec. 817b. Termination.
                    The Board shall terminate 6 years after November 22,
                2000. The Board shall set forth, in its bylaws, the
                procedures for dissolution to be followed by the Board.
                (Pub.L. 96-114, Title II, Sec. 210, as added Pub.L. 106-533,
                Sec. 1(a), Nov. 22, 2000, 114 Stat. 2552.)
           718  Sec. 817c. Trust fund.
                (a) Establishment of fund
                    There shall be established in the Treasury of the United
                States a trust fund which shall be known as the
                ``Congressional Recognition for Excellence in Arts Education
                Awards Trust Fund''. The fund shall be administered by the
                Board, and shall consist of amounts donated to the Board
                under section 817(c) of this title and amounts credited to
                the fund under subsection (d) of this section.
                (b) Investment
                    (1) In general
                                It shall be the duty of the Secretary of the
                            Treasury to invest, at the direction of the
                            Director of the Board, such portion of the fund
                            that is not, in the judgment of the Director of
                            the Board, required to meet the current needs of
                            the fund.
                    (2) Authorized investments
                                Such investments shall be in public debt
                            obligations with maturities suitable to the
                            needs of the fund, as determined by the Director
                            of the Board. Investments in public debt
                            obligations shall bear interest at rates
                            determined by the Secretary of the Treasury
                            taking into consideration the current market
                            yield on outstanding marketable obligations of
                            the United States of comparable maturity.
                (c) Authority to sell obligations
                    Any obligation acquired by the fund may be sold by the
                Secretary of the Treasury at the market price.
                (d) Proceeds from certain transactions credited to fund
                    The interest on, and the proceeds from the sale or
                redemption of, any obligations held in the fund shall be
                credited to and form a part of the fund. (Pub.L. 96-114,
                Title II, Sec. 211, as added Pub.L. 106-533, Sec. 1(a), Nov.
                22, 2000, 114 Stat. 2552.)

    [[Page 584]]

                    Chapter 19A. John Heinz Competitive Excellence Award

           719  Sec. 831. John Heinz Competitive Excellence Award.
                (a) Establishment
                    There is hereby established the John Heinz Competitive
                Excellence Award, which shall be evidenced by a national
                medal bearing the inscription ``John Heinz Competitive
                Excellence Award''. The medal, to be minted by the United
                States Mint and provided to the Congress, shall be of such
                design and bear such additional inscriptions as the
                Secretary of the Treasury may prescribe, in consultation
                with the Majority and Minority Leaders of the Senate, the
                Speaker and the Minority Leader of the House of
                Representatives, and the family of Senator John Heinz. The
                medal shall be--
                                (1) three inches in diameter; and
                                (2) made of bronze obtained from recycled
                            sources.
                (b) Award categories
                    (1) In general
                                Two separate awards may be given under this
                            section in each year. One such award may be
                            given to a qualifying individual (including
                            employees of any State or local government, or
                            the Federal Government), and 1 such award may be
                            given to a qualifying organization, institution,
                            or business.
                    (2) Limitation
                                No award shall be made under this section to
                            an entity in either category described in
                            paragraph (1) in any year if there is no
                            qualified individual, organization, institution,
                            or business recommended under subsection (c) of
                            this section for an award in such category in
                            that year.
                (c) Qualification criteria for award
                    (1) Selection panel
                                A selection panel shall be established,
                            comprised of a total of 8 persons, including--

                                    (A) 2 persons appointed by the Majority
                                Leader of the Senate;

                                    (B) 2 persons appointed by the Minority
                                Leader of the Senate;

                                    (C) 2 persons appointed by the Speaker
                                of the House of Representatives; and

                                    (D) 2 persons appointed by the Minority
                                Leader of the House of Representatives.

                    (2) Qualification
                                An individual, organization, institution, or
                            business may qualify for an award under this
                            section only if such individual, organization,
                            institution, or business--

                                    (A) is nominated to the Majority or
                                Minority Leader of the Senate or to the
                                Speaker or the Minority Leader of the House
                                of Representatives by a member of the Senate
                                or the House of Representatives;

                                    (B) permits a rigorous evaluation by the
                                Office of Technology Assessment of the way
                                in which such individual, organization,
                                institution, or business has demonstrated
                                excellence in promoting United States
                                industrial competitiveness; and

    [[Page 585]]

                                    (C) meets such other requirements as the
                                selection panel determines to be appropriate
                                to achieve the objectives of this section.

                    (3) Evaluation
                                An evaluation of each nominee shall be
                            conducted by the Office of Technology
                            Assessment. The Office of Technology Assessment
                            shall work with the selection panel to establish
                            appropriate procedures for evaluating nominees.
                    (4) Panel review
                                The selection panel shall review the Office
                            of Technology Assessment's evaluation of each
                            nominee and may, based on those evaluations,
                            recommend 1 award winner for each year for each
                            category described in subsection (b)(1) of this
                            section to the Majority and Minority Leaders of
                            the Senate and the Speaker and the Minority
                            Leader of the House of Representatives.
                (d) Presentation of award
                    (1) In general
                                The Majority and Minority Leaders of the
                            Senate and the Speaker and the Minority Leader
                            of the House of Representatives shall make the
                            award to an individual and an organization,
                            institution, or business that has demonstrated
                            excellence in promoting United States industrial
                            competitiveness in the international marketplace
                            through technological innovation, productivity
                            improvement, or improved competitive strategies.
                    (2) Ceremonies
                                The presentation of an award under this
                            section shall be made by the Majority and
                            Minority Leaders of the Senate and the Speaker
                            and the Minority Leader of the House of
                            Representatives, with such ceremonies as they
                            may deem proper.
                    (3) Publicity
                                An individual, organization, institution, or
                            business to which an award is made under this
                            section may publicize its receipt of such award
                            and use the award in its advertising, but it
                            shall be ineligible to receive another award in
                            the same category for a period of 5 years.
                (e) Publication of evaluations
                    (1) Summary of evaluations
                                The Office of Technology Assessment shall
                            ensure that all nominees receive a detailed
                            summary of any evaluation conducted of such
                            nominee under subsection (c) of this section.
                    (2) Summary of competitiveness strategy
                                The Office of Technology Assessment shall
                            also make available to all nominees and the
                            public a summary of each award winner's
                            competitiveness strategy. Proprietary
                            information shall not be included in any such
                            summary without the consent of the award winner.
                (f) Reimbursement of costs
                    The Majority and Minority Leaders of the Senate and the
                Speaker and the Minority Leader of the House of
                Representatives are authorized to seek and accept gifts from
                public and private sources to defray the

    [[Page 586]]

                cost of implementing this section. (Pub.L. 102-429, Title
                III, Sec. 301, Oct. 21, 1992, 106 Stat. 2205.)

                 Chapter 20.--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

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

           720  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 HouseConcurrent 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
                            (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
                            committees\1\ 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.
                    \1\ So in original. ``Committees'' probably should be
                    capitalized.
                                (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 Safe, Accountable, Flexible, Efficient
                            Transportation Equity Act: A Legacy for Users:

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

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

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

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

    [[Page 587]]

                                    (v) 69-8362-0-7-401 (National Driver
                                Registry).

                                    (vi) 69-8159-0-7-401 (Motor Carrier
                                Safety Operations and Programs).

                                    (vii) 06-8158-0-7-401 (Motor Carrier
                                Safety Grants).

                                (C) Mass transit category
                    The term ``mass transit category'' means the following
                budget accounts, or portions of the accounts, that are
                subject to the obligation limitations on contract authority
                provided in the Safe, Accountable, Flexible, Efficient
                Transportation Equity Act: A Legacy for Users or for which
                appropriations are provided in accordance with
                authorizations contained in that Act:

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

                                    (ii) 69-1134-0-1-401 (Capital Investment
                                Grants).

                                    (iii) 69-8191-0-7-401 (Discretionary
                                Grants).

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

                                    (v) 69-1127-0-1-401 (Interstate Transfer
                                Grants--Transit).

                                    (vi) 69-1125-0-1-401 (Job Access and
                                Reverse Commute).

                                    (vii) 69-1122-0-1-401 (Miscellaneous
                                Expired Accounts).

                                    (viii) 69-1121-0-1-401 (Research,
                                Training and Human Resources).

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

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

                                    (xi) 69-1136-0-1-401 (University
                                Transportation Research).

                                    (xii) 69-1128-0-1-401 (Washington
                                Metropolitan Area Transit Authority)

                                (D) Special rule.--(i) Any outlays in excess
                            of the discretionary spending limit set forth in
                            section 901(c) of this title for the highway or
                            mass transit category, as adjusted, for the
                            budget year shall be considered nondefense
                            category outlays or discretionary category
                            outlays.
                                (ii) If the obligation limitations for
                            accounts in the highway or mass transit category
                            provided in an appropriation Act for a fiscal
                            year exceed the obligation limitations set forth
                            in section 8103 of the Transportation Equity Act
                            for the 21st Century for that year, as adjusted,
                            the estimated outlays flowing for each outyear
                            from such excess obligations calculated pursuant
                            to clause (iii) shall be attributed to the
                            discretionary category in that outyear.
                                (iii) For purposes of clause (ii), outlays
                            from excess obligations shall be determined
                            using the average of the spendout rates for that
                            category in the baseline.
                                (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.

    [[Page 588]]

                                    (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\1\ (E)(v)-(E)(ix), with the
                            exception of Urban and Community Forestry as
                            described in1 (E)(ix), or portions
                            thereof.
                    \1\ So in original. Probably should be followed by
                    ``subparagraph''.
                                (H) The term ``Urban and Historic
                            Preservation sub-category'' mans discretionary
                            appropriations for activities in the accounts
                            described in1 (E)(ix)-(E)(xii), with
                            the exception of Forest Legacy and Smart Growth
                            Partnerships as described in1
                            (E)(ix), or portions thereof.
                                (I) The term ``Payments in Lieu of Taxes
                            sub-category'' means discretionary
                            appropriations for activities in the account
                            described in1 (E)(xiii) or portions
                            thereof.
                                (J) The term ``Federal Deferred Maintenance
                            sub-category'' means discretionary
                            appropriations for activities in the account
                            described in1 (E)(xiv) or portions
                            thereof.
                                (K) The term ``Coastal Assistance sub-
                            category'' means discretionary appropriations
                            for activities in the accounts described in\1\
                            (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.

    [[Page 589]]

                                (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.
                                (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).

    [[Page 590]]

                                (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 IX, Sec. 9013(b), July 22, 1998, 112 Stat. 865;
                Pub.L. 106-291, Title VIII, Sec. 801(c), Oct. 11, 2000, 114
                Stat. 1028; Pub.L. 108-88, Sec. 10(c), Sept. 30, 2003, 117
                Stat. 1127; Pub.L. 108-310, Sec. 10(c)(1), (2), Sept. 30,
                2004, 118 Stat. 1160; Pub.L. 109-59, Title VIII,
                Sec. 8001(b), Aug. 10, 2005, 119 Stat. 1915.)

                            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.]
           721  Sec. 901. Enforcing discretionary spending limits.
                (a) Enforcement
                    (1) Sequestration
                                Within 15 calendar days after Congress
                            adjourns to end a session and on the same day as
                            a sequestration (if any) under section 902 of
                            this title and section 903 of this title, there
                            shall be a sequestration to eliminate a budget-
                            year breach, if any, within any category.
                    (2) Eliminating a breach
                                Each non-exempt account within a category
                            shall be reduced by a dollar amount calculated
                            by multiplying the baseline level of
                            sequestrable budgetary resources in that account
                            at that time by the uniform percentage necessary
                            to eliminate a breach within that category;
                            except that the health programs set forth in
                            section 906(e) of this title shall not be
                            reduced by more than 2 percent and the uniform
                            percent applicable to all other programs under
                            this paragraph shall be increased (if necessary)
                            to a level sufficient to eliminate that breach.
                            If, within a category, the discretionary
                            spending limits for both new budget authority
                            and outlays are breached, the uniform percentage
                            shall be calculated by--

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

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

                    (3) Military personnel

    [[Page 591]]

                                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
                                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

    [[Page 592]]

                                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.

                                (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 make
                                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 current year and
                                subtract the estimated level of receipts for
                                that year.

    [[Page 593]]

                                    (cc) OMB shall add one-half of the sum
                                of the amount calculated under items (aa)
                                and (bb) to the obligation limitations set
                                forth in section 8003 of the Safe,
                                Accountable, Flexible, Efficient
                                Transportation Equity Act: A Legacy for
                                Users and, using current estimates,
                                calculate the outlay change resulting from
                                the change in obligations for the budget
                                year and the first outyear and the outlays
                                flowing therefrom through subsequent fiscal
                                years. After making the calculations under
                                the preceding sentence, OMB shall adjust the
                                amount of obligations set forth in that
                                section for the budget year and the first
                                outyear by adding one-half of the sum of the
                                amount calculated under items (aa) and (bb)
                                to each such year.

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

                                            (aa) for fiscal year 2005,
                                        $31,562,000,000;

                                            (bb) for fiscal year 2006,
                                        $33,712,000,000;

                                            (cc) for fiscal year 2007,
                                        $34,623,000,000\1\

                    \1\ So in original. Probably should be followed by a
                    semicolon.

                                            (dd) for fiscal year 2008,
                                        $35,449,000,000; and

                                            (ee) for fiscal year 2009,
                                        $36,220,000,000.

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

                                (C) In addition to the adjustment required
                            by subparagraph (B), when the President submits
                            the budget under section 1105 of Title 31 for
                            fiscal year 2007, 2008, or 2009, 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.

                                (D)(i) When OMB and CBO submit their final
                            sequester report for fiscal year 2006, that
                            report shall include an estimate of the outlays
                            for each of the categories that would result in
                            fiscal years 2007 through 2010 from obligations
                            at the levels specified in section 8003 of the
                            Safe, Accountable, Flexible, Efficient
                            Transportation Equity Act: A Legacy for Users
                            using current assumptions.
                                (ii) When the President submits the budget
                            under section 1105 of Title 31, for fiscal year
                            2007, 2008, 2009 or 2010, OMB shall adjust the
                            estimates made in clause (i) by the adjustments
                            under subparagraphs (B) and (C).
                                (E) OMB shall consult with the Committees on
                            the Budget and include a report on adjustments
                            under subparagraphs (B) and (C) in the preview
                            report.
                    (2) Sequestration reports
                                When OMB submits a sequestration report
                            under section 904(e), (f), or (g) of this title
                            for a fiscal year, OMB shall calculate, and the
                            sequestration report and subsequent budgets
                            submitted by the President under section 1105(a)
                            of Title 31, shall include adjust

    [[Page 594]]

                            ments to discretionary spending limits (and
                            those limits as adjusted) for the fiscal year
                            and each succeeding year, 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--

                                                    (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

    [[Page 595]]

                                                $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

                                                    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;

    [[Page 596]]

                                                    (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.

                (c) Discretionary spending limit
                    As used in this subchapter, the term ``discretionary
                spending limit'' means--
                                (1) with respect to fiscal year 2005--

                                    (A) for the highway category:
                                $31,277,000,000 in outlays;

                                    (B) for the mass transit category:
                                $955,792,000 in new budget authority and
                                $6,674,000,000 in outlays; and

                                    (C) for the conservation spending
                                category: $2,080,000,000, in new budget
                                authority and $2,032,000,000 in outlays;

                                (2) with respect to fiscal year 2006--

                                    (A) for the highway category:
                                $33,942,000,000 in outlays;

    [[Page 597]]

                                    (B) for the mass transit category:
                                $1,643,000,000 in new budget authority and
                                $7,359,000,000 in outlays;

                                (3) with respect to fiscal year 2007--

                                    (A) for the highway category:
                                $36,960,000,000 in outlays;

                                    (B) for the mass transit category:
                                $1,712,000,000 in new budget authority and
                                $8,120,000,000 in outlays;

                                (4) with respect to fiscal year 2008--

                                    (A) for the highway category:
                                $39,123,000,000 in outlays;

                                    (B) for the mass transit category:
                                $1,858,000,000 in new budget authority and
                                $8,742,000,000 in outlays;

                                (5) with respect to fiscal year 2009--

                                    (A) for the highway category:
                                $40,660,000,000 in outlays;

                                    (B) for the mass transit category:
                                $1,977,500,000 in new budget authority and
                                $9,180,000,000 in outlays;

                                (6) with respect to fiscal year 2005 for the
                            conservation spending category; $240,000,000 in
                            new budget authority and $2,192,000,000 in
                            outlays;
                                (7) 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;
                                (8) 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:
                                (9) 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;
                                (10) 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;
                                (11) 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;
                                (12) 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;
                                (13) 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 the 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:

    [[Page 598]]

                            $600,000,000 in new budget authority and the
                            outlays flowing therefrom;

                as adjusted in strict conformance with subsection (b) of
                this section.

                (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;
                Pub.L. 108-88, Sec. 10(a), (b), Sept. 30, 2003, 117 Stat.
                1127; Pub.L. 108-310, Sec. 10(a), (b), Sept. 30, 2004, 118
                Stat. 1160; Pub.L. 109-59, Title VIII, Sec. Sec. 8001(a),
                8002, Aug. 10, 2005, 119 Stat. 1915, 1916.)

                               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.
                               Level of Obligation Limitations
                    Pub.L. 109-59, Title VIII, Sec. 8003, Aug. 10, 2005, 119
                Stat 1917, provided that:
                                ``(a) Highway category.--For the purposes of
                            section 251(b) of the Balanced Budget and
                            Emergency Deficit Control Act of 1985 [subsec.
                            (b) of this section], the level of obligation
                            limitations for the highway category is--

                                    ``(1) for fiscal year 2005,
                                $35,164,292,000;

                                    ``(2) for fiscal year 2006,
                                $37,220,843,903;

                                    ``(3) for fiscal year 2007,
                                $39,460,710,516;

                                    ``(4) for fiscal year 2008,
                                $40,824,075,404; and

                                    ``(5) for fiscal year 2009,
                                $42,469,970,178.

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

                                    ``(1) for fiscal year 2005,
                                $7,646,336,000;

                                    ``(2) for fiscal year 2006,
                                $8,622,931,000;

                                    ``(3) for fiscal year 2007,
                                $8,974,775,000;

                                    ``(4) for fiscal year 2008,
                                $9,730,893,000; and

                                    ``(5) for fiscal year 2009,
                                $10,338,065,000.

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

           722  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.

    [[Page 599]]

           723  Sec. 902. Enforcing pay-as-you-go.
                (a) Purpose
                    The purpose of this section is to assure that any
                legislation enacted before October 1, 2002, affecting direct
                spending or receipts that increases the deficit will trigger
                an offsetting sequestration.
                (b) Sequestration
                    (1) Timing
                                Not later than 15 calendar days after the
                            date Congress adjourns to end a session and on
                            the same day as a sequestration (if any) under
                            section 901 or 903 of this title, there shall be
                            a sequestration to offset the amount of any net
                            deficit increase caused by all direct spending
                            and receipts legislation enacted before October
                            1, 2002, as calculated under paragraph (2).
                    (2) Calculation of deficit increase
                                OMB shall calculate the amount of deficit
                            increase or decrease by adding--

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

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

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

                (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 nec

    [[Page 600]]

                                essary) to a level sufficient to achieve the
                                required reduction in direct spending.

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

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

                                    (A) the CBO estimate of that
                                legislation;

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

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

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

    [[Page 601]]

                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.)

           724  Sec. 903. Enforcing deficit targets.
                (a) Sequestration
                    Within 15 calendar days after Congress adjourns to end a
                session (other than of the One Hundred First Congress) and
                on the same day as a sequestration (if any) under section
                901 of this title and section 902 of this title, but after
                any sequestration required by section 901 (enforcing
                discretionary spending limits) of this title or section 902
                (enforcing pay-as-you-go) of this title, there shall be a
                sequestration to eliminate the excess deficit (if any
                remains) if it exceeds the margin.
                (b) Excess deficit; margin
                    The excess deficit is, if greater than zero, the
                estimated deficit for the budget year, minus--
                                (1) the maximum deficit amount for that
                            year;
                                (2) the amounts for that year designated as
                            emergency direct spending or receipts
                            legislation under section 902(e) of this title;
                            and
                                (3) for any fiscal year in which there is
                            not a full adjustment for technical and economic
                            reestimates, the deposit insurance 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:

    [[Page 602]]

                                (1) First

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

                                (2) Second

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

                                (3) Third

                                    (A) If additional reductions in non-
                                defense accounts are required to be made,
                                each remaining non-exempt, non-defense
                                account shall be reduced by the uniform
                                percentage necessary to make the reductions
                                in non-defense outlays required by
                                subsection (c) of this section, except
                                that--

                                            (i) the medicare program
                                        specified in section 906(d) of this
                                        title shall not be reduced by more
                                        than 2 percent in total including
                                        any reduction of less than 2 percent
                                        made under section 902 of this title
                                        or, if it has been reduced by 2
                                        percent or more under section 902 of
                                        this title, it may not be further
                                        reduced under this section; and

                                            (ii) the health programs set
                                        forth in section 906(e) of this
                                        title shall not be reduced by more
                                        than 2 percent in total (including
                                        any reduction made under section 901
                                        of this title),

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

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

    [[Page 603]]

                                by that appropriation when the enacted
                                amount is less than the baseline for that
                                account.

                (g) Adjustments to maximum deficit amounts
                    (1) Adjustments
                                (A) When the President submits the budget
                            for fiscal year 1992, the maximum deficit
                            amounts for fiscal years 1992, 1993, 1994, and
                            1995 shall be adjusted to reflect up-to-date
                            reestimates of economic and technical
                            assumptions and any changes in concepts or
                            definitions. When the President submits the
                            budget for fiscal year 1993, the maximum deficit
                            amounts for fiscal years 1993, 1994, and 1995
                            shall be further adjusted to reflect up-to-date
                            reestimates of economic and technical
                            assumptions and any changes in concepts or
                            definitions.
                                (B) When submitting the budget for fiscal
                            year 1994, the President may choose to adjust
                            the maximum deficit amounts for fiscal years
                            1994 and 1995 to reflect up-to-date reestimates
                            of economic and technical assumptions. If the
                            President chooses to adjust the maximum deficit
                            amount when submitting the fiscal year 1994
                            budget, the President may choose to invoke the
                            same adjustment procedure when submitting the
                            budget for fiscal year 1995. In each case, the
                            President must choose between making no
                            adjustment or the full adjustment described in
                            paragraph (2). If the President chooses to make
                            that full adjustment, then those procedures for
                            adjusting discretionary spending limits
                            described in sections 901(b)(1)(C) and
                            901(b)(2)(E) of this title, otherwise applicable
                            through fiscal year 1993 or 1994 (as the case
                            may be), shall be deemed to apply for fiscal
                            year 1994 (and 1995 if applicable).
                                (C) When the budget for fiscal year 1994 or
                            1995 is submitted and the sequestration reports
                            for those years under section 904 of this title
                            are made (as applicable), if the President does
                            not choose to make the adjustments set forth in
                            subparagraph (B), the 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

    [[Page 604]]

                                direct spending accounts) shall be
                                calculated for each fiscal year by adding--

                                            (i) the estimates of direct
                                        spending and receipts legislation
                                        transmitted under section 902(d) of
                                        this title applicable to each such
                                        fiscal year; and

                                            (ii) the estimated amount of
                                        savings in direct spending programs
                                        applicable to each such fiscal year
                                        resulting from the prior year's
                                        sequestration under this section or
                                        section 902 of this title of direct
                                        spending, if any, as contained in
                                        OMB's final sequestration report for
                                        that year.

                                    (C) The amount calculated under
                                subparagraph (B) shall be subtracted from
                                the amount calculated under subparagraph
                                (A).

                                    (D) The maximum deficit amount set forth
                                in section 665 of this title shall be
                                subtracted from the amount calculated under
                                subparagraph (C).

                                    (E) The amount calculated under
                                subparagraph (D) shall be the amount of the
                                adjustment required by paragraph (1).

                (h) Treatment of deposit insurance
                    (1) Initial estimates
                                The initial estimates of the net costs of
                            federal deposit insurance for fiscal year 1994
                            and fiscal year 1995 (assuming full funding of,
                            and continuation of, the deposit insurance
                            guarantee commitment in effect on the date of
                            the submission of the budget for fiscal year
                            1993) shall be set forth in that budget.
                    (2) Reestimates
                                For fiscal year 1994 and fiscal year 1995,
                            the amount of the reestimate of deposit
                            insurance costs shall be calculated by
                            subtracting the amount set forth under paragraph
                            (1) for that year from the current estimate of
                            deposit insurance costs (but assuming full
                            funding of, and continuation of, the deposit
                            insurance guarantee commitment in effect on the
                            date of submission of the budget for 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.)
           725  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.
    ------------------------------------------------------------------------

    [[Page 605]]

                (b) Submission and availability of reports
                    Each report required by this section shall be submitted,
                in the case of CBO, to the House of Representatives, the
                Senate and OMB and, in the case of OMB, to the House of
                Representatives, the Senate, and the President on the day it
                is issued. On the following day a notice of the report shall
                be printed in the Federal Register.
                (c) Sequestration preview reports
                    (1) Reporting requirement
                                On the dates specified in subsection (a) of
                            this section, OMB and CBO shall issue a preview
                            report regarding discretionary, pay-as-you-go,
                            and deficit sequestration based on laws enacted
                            through those dates.
                    (2) Discretionary sequestration report
                                The preview reports shall set forth
                            estimates for the current year and each
                            subsequent year through 2002 of the applicable
                            discretionary spending limits for each category
                            and an explanation of any adjustments in such
                            limits under section 901 of this title.
                    (3) Pay-as-you-go sequestration reports
                                The preview reports shall set forth, for the
                            current year and the budget year, estimates for
                            each of the following:

                                    (A) The amount of net deficit increase
                                or decrease, if any, calculated under
                                subsection 902(b) of this title.

                                    (B) A list identifying each law enacted
                                and sequestration implemented after November
                                5, 1990 included in the calculation of the
                                amount of deficit increase or decrease and
                                specifying the budgetary effect of each such
                                law.

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

                    (4) Deficit sequestration reports
                                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

    [[Page 606]]

                            and the Senate that he will adjust the maximum
                            deficit amount under the option under section
                            903(g)(1)(B) of this title.
                    (5) Explanation of differences
                                The OMB reports shall explain the
                            differences between OMB and CBO estimates for
                            each item set forth in this subsection.
                (d) Notification regarding military personnel
                    On or before the date specified in subsection (a) of
                this section, the President shall notify the Congress of the
                manner in which he intends to exercise flexibility with
                respect to military personnel accounts under section 905(f)
                of this title.
                (e) Sequestration update reports
                    On the dates specified in subsection (a) of this
                section, OMB and CBO shall issue a sequestration updated
                report, reflecting laws enacted through those dates,
                containing all of the information required in the
                sequestration preview reports.
                (f) Final sequestration reports
                    (1) Reporting requirement
                                On the dates specified in subsection (a) of
                            this section, OMB and CBO shall issue a final
                            sequestration report, updated to reflect laws
                            enacted through those dates.
                    (2) Discretionary sequestration reports
                                The final reports shall set forth estimates
                            for each of the following:

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

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

                                    (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

    [[Page 607]]

                            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 should be followed by
                    ``subparagraph''.
                (h) GAO compliance report
                    Upon request of the Committee on the Budget of the House
                of Representatives or the Senate, the Comptroller General
                shall submit to the Congress and the President a report on--
                                (1) the extent to which each order issued by
                            the President under this section complies with
                            all of the requirements contained in this
                            subchapter, either certifying that the order
                            fully and accurately complies with such
                            requirements or indicating the respects in which
                            it does not; and
                                (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

    [[Page 608]]

                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.)
           726  Sec. 905. Exempt programs and activities.
                (a) Social security benefits and tier I railroad retirement
                    benefits
                    Benefits payable under the old-age, survivors, and
                disability insurance program established under Title II of
                the Social Security Act [42 U.S.C. 401 et seq.], and
                benefits payable under section 231b(a), 231b(f)(3), 231c(a),
                or 231c(f) of Title 45, shall be exempt from reduction under
                any order issued under this subchapter.
                (b) Veterans programs
                    The following programs shall be exempt from reduction
                under any order issued under this subchapter:
                                National Service Life Insurance Fund (36-
                            8132-0-7-701);
                                Service-Disabled Veterans Insurance Fund
                            (36-4012-0-3-701);
                                Veterans Special Life Insurance Fund (36-
                            8455-0-8-701);
                                Veterans Reopened Insurance Fund (36-4010-0-
                            3-701);
                                United States Government Life Insurance Fund
                            (36-8150-0-7-701);
                                Veterans Insurance and Indemnities (36-0120-
                            0-1-701);
                                Special Therapeutic and Rehabilitation
                            Activities (36-4048-0-3-703);
                                Canteen Service Revolving Fund (36-4014-0-3-
                            705);
                                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

    [[Page 609]]

                                Direct Loan Program Account (36-1024-0-1-
                            704).
                (c) Net interest
                    No reduction of payments for net interest (all of major
                functional category 900) shall be made under any order
                issued under this subchapter.
                (d) Earned Income tax credit
                    Payments to individuals made pursuant to section 32 of
                Title 26 shall be exempt from reduction under any order
                issued under this subchapter.
                (e) Non-defense unobligated balances
                    Unobligated balances of budget authority carried over
                from prior fiscal years, except balances in the defense
                category, shall be exempt from reduction under any order
                issued under this subchapter.
                (f) Optional exemption of military personnel
                    (1) In general
                                The President may, with respect to any
                            military personnel account, exempt that account
                            from sequestration or provide for a lower
                            uniform percentage reduction than would
                            otherwise apply.
                    (2) Limitation
                                The President may not use the authority
                            provided by paragraph (1) unless the President
                            notifies the Congress of the manner in which
                            such authority will be exercised on or before
                            the date specified in section 904(a) of this
                            title for the budget year.
                (g) Other programs and activities
                    (1)(A) the following budget accounts and activities
                shall be exempt from reduction under any order issued under
                this subchapter:
                                Activities resulting from private donations,
                            bequests, or voluntary contributions to the
                            Government;
                                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);

    [[Page 610]]

                                Comptroller of the Currency, Assessment
                            funds (20-8413-0-8-373);
                                Dual benefits payments account (60-0111-0-1-
                            601);
                                Exchange stabilization fund (20-4444-0-3-
                            155);
                                Farm Credit Administration, Limitation on
                            Administrative Expenses (78-4131-0-3-351);
                                Farm Credit System Financial Assistance
                            Corporation, interest payment (20-1850-0-1-908);
                                Farm Credit System Financial Assistance
                            Corporation, interest payments (20-1850-0-1-
                            351);
                                Federal Deposit Insurance Corporation, Bank
                            Insurance Fund (51-4064-0-3-373);
                                Federal Deposit Insurance Corporation, FSLIC
                            Resolution Fund (51-4065-0-3-373);
                                Federal Deposit Insurance Corporation,
                            Savings Association Insurance Fund (51-4066-0-3-
                            373);
                                Federal Housing Finance Board (95-4039-0-3-
                            371);
                                Federal payment to the railroad retirement
                            accounts (60-0113-0-1-601);
                                Foreign military sales trust fund (11-8242-
                            0-7-155);
                                Health professions graduate student loan
                            insurance fund program account (75-0340-0-1-
                            552);
                                Higher education facilities loans (91-0240-
                            01-502);
                                Internal Revenue Collections for Puerto Rico
                            (20-5737-0-2-806);
                                Intragovernmental funds, including those
                            from which the outlays are derived primarily
                            from resources paid in from other government
                            accounts, except to the extent such funds are
                            augmented by direct appropriations for the
                            fiscal year during which an order is in effect;
                                Panama Canal Commission, Panama Canal
                            Revolving Fund (95-4061-0-3-403);
                                Medical facilities guarantee and loan fund,
                            Federal interest subsidies for medical
                            facilities (75-9931-0-3-550);
                                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;

    [[Page 611]]

                                Payments to the United States territories,
                            fiscal assistance (14-0418-0-1-806);
                                Payments to widows and heirs of deceased
                            Members of Congress (00-0215-0-1-801);
                                Postal service fund (18-4020-0-3-372);
                                Resolution Trust Corporation Revolving Fund
                            (22-4055-0-3-373);
                                Salaries of Article III judges;
                                Soldiers and Airmen's Home, payment of
                            claims (84-8930-0-7-705);
                                Southeastern Power Administration,
                            Operations and maintenance (89-0302-0-1-271);
                                Southwestern Power Administration,
                            Operations and maintenance (89-0303-0-1-271);
                                Tennessee Valley Authority Fund, except non-
                            power programs and activities (64-4110-0-3-999);
                                Thrift Savings Fund;
                                United States Enrichment Corporation (95-
                            4054-0-3-271);
                                Vaccine Injury Compensation (75-0320-0-1-
                            551);
                                Vaccine Injury Compensation Program Trust
                            Fund (20-8175-0-7-551);
                                United States Enrichment Corporation;
                                Washington Metropolitan Area Transit
                            Authority, interest payments (46-0300-0-1-401);
                                Western Area Power Administration,
                            Construction, rehabilitation, operations, and
                            maintenance (89-5068-0-2-271); and
                                Western Area Power Administration, Colorado
                            River basins power marketing fund (89-4452-0-3-
                            271).
                    (B) The following Federal retirement and disability
                accounts and activities shall be exempt from reduction under
                any order issued under this subchapter:
                                Black Lung Disability Trust Fund (20-8144-0-
                            7-601);
                                Central Intelligence Agency retirement and
                            disability system fund (56-3400-0-1-054);
                                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

    [[Page 612]]

                                Tax Court judges survivors annuity fund (23-
                            8115-0-7-602);
                    (2) Prior legal obligations of the Government in the
                following budget accounts and activities shall be exempt
                from any order issued under this subchapter:
                                Biomass energy development (20-0114-0-1-
                            271);
                                United States Treasury check forgery
                            insurance fund (20-4109-0-3-803);
                                Credit liquidating accounts;
                                Employees life insurance fund (24-8424-0-8-
                            602);
                                Energy security reserve (Synthetic Fuels
                            Corporation) (20-0112-0-1-271);
                                Federal Aviation Administration, Aviation
                            insurance revolving fund (69-4120-0-3-402);
                                Federal Crop Insurance Corporation fund (12-
                            4085-0-3-351);
                                Federal Emergency Management Agency,
                            National flood insurance fund (58-4236-0-3-453);
                                Federal Emergency Management Agency,
                            National insurance development fund (58-4235-0-
                            3-451);
                                Geothermal resources development fund (89-
                            0206-0-1-271);
                                Homeowners assistance fund, Defense (97-
                            4090-0-3-051);
                                International Trade Administration,
                            Operations and administration (13-1250-0-1-376);
                                Low-rent public housing, Loans and other
                            expenses (86-4098-0-3-604);
                                Maritime Administration, War-risk insurance
                            revolving fund (69-4302-0-3-403);
                                Overseas Private Investment Corporation (71-
                            4030-0-3-151);
                                Pension Benefit Guaranty Corporation fund
                            (16-4204-0-3-601);
                                Rail service assistance (69-0122-0-1-401);
                                Department of Veterans Affairs, Servicemen's
                            group life insurance fund (36-4009-0-3-701).
                (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--

    [[Page 613]]

                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).
           727  Sec. 906. General and special sequestration rules.
                (a) Automatic spending increases
                    Automatic spending increases are increases in outlays
                due to changes in indexes in the following programs:
                                (1) Special milk program; and
                                (2) Vocational rehabilitation basic State
                            grants.

                In those programs all amounts other than the automatic
                spending increases shall be exempt from reduction under any
                order issued under this subchapter.

                (b) Student loans
                    For all student loans under part B or D of Title IV of
                the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.,
                1087a et seq.] made during the period when a sequestration
                order under section 904 of this title is in effect as
                required by section 902 or 903 of this title, origination
                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

    [[Page 614]]

                Social Security Act which has the effect of changing the
                fiscal year in which expenditures under such part are made.
                (d) Special rules for Medicare program
                    (1) Calculation of reduction in individual payment
                amounts
                                To achieve the total percentage reduction in
                            those programs required by sections 902 and 903
                            of this title, and notwithstanding section 710
                            of the Social Security Act [42 U.S.C. 911], OMB
                            shall determine, and the applicable Presidential
                            order under section 904 of this title shall
                            implement, the percentage reduction that shall
                            apply to payments under the health insurance
                            programs under Title XVIII of the Social
                            Security Act [42 U.S.C. 1395 et seq.] for
                            services furnished after the order is issued,
                            such that the reduction made in payments under
                            that order shall achieve the required total
                            percentage reduction in those payments for that
                            fiscal year as determined on a 12-month basis.
                    (2) Timing of application of reductions
                                (A) In general

                                    Except as provided in subparagraph (B),
                                if a reduction is made under paragraph (1)
                                in payment amounts pursuant to a
                                sequestration order, the reduction shall be
                                applied to payment for services furnished
                                during the effective period of the order.
                                For purposes of the previous sentence, in
                                the case of inpatient services furnished for
                                an individual, the services shall be
                                considered to be furnished on the date of
                                the individual's discharge from the
                                inpatient facility.

                                (B) Payment on the basis of cost reporting
                            periods

                                    In the case in which payment for
                                services of a provider of services is made
                                under Title XVIII of the Social Security Act
                                [42 U.S.C. 1395 et seq.] on a basis relating
                                to the reasonable cost incurred for the
                                services during a cost reporting period of
                                the provider, if a reduction is made under
                                paragraph (1) 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.

    [[Page 615]]

                            1395mm(a)(4)], the Secretary of Health and Human
                            Services shall not take into account any
                            reductions in payment amounts which have been or
                            may be affected under this subchapter.
                (e) Community and migrant health centers, Indian health
                    services and facilities, and veterans' medical care
                    (1) The maximum permissible reduction in budget
                authority for any account listed in paragraph (2) for any
                fiscal year, pursuant to an order issued under section 904
                of this title, shall be 2 percent.
                    (2) The accounts referred to in paragraph (1) are as
                follows:
                                (A) Community health centers (75-0350-0-1-
                            550).
                                (B) Migrant health centers (75-0350-0-1-
                            550).
                                (C) Indian health facilities (75-0391-0-1-
                            551).
                                (D) Indian health services (75-0390-0-1-
                            551).
                                (E) Veterans' medical care (36-0160-0-1-
                            703).

                For purposes of the preceding provisions of this paragraph,
                programs are identified by the designated budget account
                identification code numbers set forth in the Budget of the
                United States Government--Appendix.

                (f) Treatment of child support enforcement program
                    Notwithstanding any change in the display of budget
                accounts, any order issued by the President under section
                904 of this title shall accomplish the full amount of any
                required reduction in expenditures under sections 455 and
                458 of the Social Security Act (42 U.S.C. 655, 658) by
                reducing the Federal matching rate for State administrative
                costs under such program, as specified (for the fiscal year
                involved) in section 455(a) of such Act, to the extent
                necessary to reduce such expenditures by that amount.
                (g) Federal pay
                    (1) In general
                                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,

    [[Page 616]]

                                            (ii) allowances provided members
                                        of the uniformed services under
                                        sections 403a and 405 of such title,
                                        and

                                            (iii) cadet pay and midshipman
                                        pay under section 203(c) of such
                                        title.

                                    (C) The term ``uniformed services''
                                shall have the meaning given that term in
                                section 101(3) of Title 37.

                (h) Treatment of Federal administrative expenses
                    (1) Notwithstanding any other provision of this title,
                administrative expenses incurred by the departments and
                agencies, including independent agencies, of the Federal
                Government in connection with any program, project,
                activity, or account shall be subject to reduction pursuant
                to an order issued under section 904 of this title, without
                regard to any exemption, exception, limitation, or special
                rule which is otherwise applicable with respect to such
                program, project, activity, or account under this
                subchapter.
                    (2) Notwithstanding any other provision of law,
                administrative expenses of any program, project, activity,
                or account which is self-supporting and does not receive
                appropriations shall be subject to reduction under a
                sequester order, unless specifically exempted in this part.
                    (3) Payments made by the Federal Government to reimburse
                or match administrative costs incurred by a State or
                political subdivision under or in connection with any
                program, project, activity, or account shall not be
                considered administrative expenses of the Federal Government
                for purposes of this section, and shall be subject to
                reduction or sequestration under this subchapter to the
                extent (and only to the extent) that other payments made by
                the Federal Government under or in connection with that
                program, project, activity, or account are subject to such
                reduction or sequestration; except that Federal payments
                made to a State as reimbursement of administrative costs
                incurred by such State under or in connection with the
                unemployment compensation programs specified in subsection
                (h)(1) of this section shall be subject to reduction or
                sequestration under this subchapter notwithstanding the
                exemption otherwise granted to such programs under that
                subsection.
                    (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)]),

    [[Page 617]]

                                (B) any advance made to a State from the
                            Federal unemployment account (established by
                            section 904(g) of such Act [42 U.S.C. 1104(g)])
                            under Title XII of such Act [42 U.S.C. 1321 et
                            seq.] and any advance appropriated to the
                            Federal unemployment account pursuant to section
                            1203 of such Act [42 U.S.C. 1323], and
                                (C) any payment made from the Federal
                            Employees Compensation Account (as established
                            under section 909 of such Act [42 U.S.C. 1109])
                            for the purpose of carrying out chapter 85 of
                            Title 5 and funds appropriated or transferred to
                            or otherwise deposited in such Account,

                shall not be subject to reduction.

                    (2)(A) A State may reduce each weekly benefit payment
                made under the Federal-State Extended Unemployment
                Compensation Act of 1970 for any week of unemployment
                occurring during any period with respect to which payments
                are reduced under an order issued under section 904 of this
                title by a percentage not to exceed the percentage by which
                the Federal payment to the State under section 204 of such
                Act is to be reduced for such week as a result of such
                order.
                    (B) A reduction by a State in accordance with
                subparagraph (A) shall not be considered as a failure to
                fulfill the requirements of section 3304(a)(11) of Title 26.
                (j) Commodity Credit Corporation
                    (1) Powers and authorities of the Commodity Credit
                Corporation
                                This title shall not restrict the Commodity
                            Credit Corporation in the discharge of its
                            authority and responsibility as a corporation to
                            buy and sell commodities in world trade, to use
                            the proceeds as a revolving fund to meet other
                            obligations and otherwise operate as a
                            corporation, the purpose of which it was
                            created.
                    (2) Reduction in payments made under contracts
                                (A) Loan eligibility under any contract
                            entered into with a person by the Commodity
                            Credit Corporation prior to the time an order
                            has been issued under section 904 of this title
                            shall not be reduced by an order subsequently
                            issued. Subject to subparagraph (B), after an
                            order is issued under such section for a fiscal
                            year, any cash 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.

    [[Page 618]]

                    (4) Uniform percentage rate of reduction and other
                limitations
                                All reductions described in paragraph (2)
                            which are required to be made in connection with
                            an order issued under section 904 of this title
                            with respect to a fiscal year shall be made so
                            as to ensure that outlays for each program,
                            project, activity, or account involved are
                            reduced by a percentage rate that is uniform for
                            all such programs, projects, activities, and
                            accounts, and may not be made so as to achieve a
                            percentage rate of reduction in any such item
                            exceeding the rate specified in the order.
                    (5) Dairy program
                                Notwithstanding any other provision of this
                            subsection, as the sole means of achieving any
                            reduction in outlays under the milk price
                            support program, the Secretary of Agriculture
                            shall provide for a reduction to be made in the
                            price received by producers for all milk
                            produced in the United States and marketed by
                            producers for commercial use. That price
                            reduction (measured in cents per hundred weight
                            of milk marketed) shall occur under section
                            201(d)(2)(A) of the Agricultural Act of 1949 (7
                            U.S.C. 1446(d)(2)(A)), shall begin on the day
                            any sequestration order is issued under section
                            904 of this title, and shall not exceed the
                            aggregate amount of the reduction in outlays
                            under the milk price support program that
                            otherwise would have been achieved by reducing
                            payments for the purchase of milk or the
                            products of milk under this subsection during
                            the applicable fiscal year.
                    (6) Certain authority not to be limited
                                Nothing in this joint resolution shall limit
                            or reduce, in any way, any appropriation that
                            provides the Commodity Credit Corporation with
                            budget authority to cover the Corporation's net
                            realized losses.
                (k) Effects of sequestration
                    The effects of sequestration shall be as follows:
                                (1) Budgetary resources sequestered from any
                            account shall be permanently cancelled, except
                            as provided in paragraph (5).
                                (2) Except as otherwise provided, the same
                            percentage sequestration shall apply to all
                            programs, projects, and activities within a
                            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

    [[Page 619]]

                            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.)
           728  Sec. 907. The baseline.
                (a) In general
                    For any budget year, the baseline refers to a projection
                of current-year levels of new budget authority, outlays,
                revenues, and the surplus or deficit into the budget year
                and the outyears based on laws enacted through the
                applicable date.
                (b) Direct spending and receipts
                    For the budget year and each outyear, the baseline shall
                be calculated using the following assumptions:
                                (1) In general

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

                                (2) Exceptions

                                    (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.

    [[Page 620]]

                                    (C) Excise taxes dedicated to a trust
                                fund, if expiring, are assumed to be
                                extended at current rates.

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

                                (3) Hospital Insurance Trust Fund

                                    Notwithstanding any other provision of
                                law, the receipts and disbursements of the
                                Hospital Insurance Trust Fund shall be
                                included in all calculations required by
                                this Act.

                (c) Discretionary appropriations
                    For the budget year and each outyear, the baseline shall
                be calculated using the following assumptions regarding all
                amounts other than those covered by subsection (b) of this
                section:
                                (1) Inflation of current-year appropriations

                                    Budgetary resources other than
                                unobligated balances shall be at the level
                                provided for the budget year in full-year
                                appropriation Acts. If for any account a
                                full-year appropriation has not yet been
                                enacted, budgetary resources other than
                                obligated balances shall be at the level
                                available in the current year, adjusted
                                sequentially and cumulatively for expiring
                                housing contracts as specified in paragraph
                                (2), for social insurance administrative
                                expenses as specified in paragraph (3), to
                                offset pay absorption and for pay
                                annualization as specified in paragraph (4),
                                for inflation as specified in paragraph (5),
                                and to account for changes required by law
                                in the level of agency payments for
                                personnel benefits other than pay.

                                (2) Expiring housing contracts

                                    New budget authority to renew expiring
                                multiyear subsidized housing contracts shall
                                be adjusted to reflect the difference in the
                                number of such contracts that are scheduled
                                to expire in that fiscal year and the number
                                expiring in the current year, 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

    [[Page 621]]

                                inflator used in paragraph (1) to adjust all
                                other budgetary resources shall be the
                                percent by which the average of the
                                estimated gross domestic product chain-type
                                index for that fiscal year differs from the
                                average of such estimated index for the
                                current year.

                                (6) Current-year appropriations

                                    If, for any account, a continuing
                                appropriation is in effect for less than the
                                entire current year, then the current-year
                                amount shall be assumed to equal the amount
                                that would be available if that continuing
                                appropriation covered the entire fiscal
                                year. If law permits the transfer of budget
                                authority among budget accounts in the
                                current year, the current-year level for an
                                account shall reflect transfers accomplished
                                by the submission of, or assumed for the
                                current year in, the President's original
                                budget for the budget year.

                (d) Up-to-date concepts
                    In deriving the balance for any budget year or outyear,
                current-year amount shall be calculated using the concepts
                and definitions that are required for the budget year.
                (e) Asset sales
                    Amounts realized from the sale of an asset shall not be
                included in estimates under section 901, 902, or 903 of this
                title if that sale would result in a financial cost to the
                Federal Government as determined pursuant to scorekeeping
                guidelines.
                    (Pub.L. 99-177, Title II, Sec. 257, Dec. 12, 1985, 99
                Stat. 1092; Pub.L. 100-119, Title I, Sec. 102(b) (4)-(8),
                104(c)(2), 106(b), Sept. 29, 1987; 101 Stat. 773, 774, 777,
                780; Pub.L. 101-508, Title XIII, Sec. 13101(b), (e) Nov. 5,
                1990, 104 Stat. 1388-589, 1388-591, 1388-593; Pub.L. 105-33,
                Title X, Sec. 10209(a), Aug. 5, 1997, 111 Stat. 710.)
           729  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.

    [[Page 622]]

           730  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.
           731  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.
           732  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.
                    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.
           733  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

           734  Sec. 921. Transferred.

           735  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

    [[Page 623]]

                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.
                (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
                            spend

    [[Page 624]]

                            ing 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.
                (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.)
           736  Sec. 933. PAYGO estimates and PAYGO scorecards
                (a) PAYGO estimates
                    (1) Required designation in PAYGO Acts
                                (A) House of Representatives
                                To establish the budgetary effects of a
                            PAYGO Act consistent with the determination made
                            by the Chairman of the House Budget Committee, a
                            PAYGO Act originated in or amended by the House
                            of Representatives may include the following
                            statement: ``The budgetary effects of this Act,
                            for the purpose of complying with the Statutory
                            Pay-As-You-Go-Act of 2010, shall be determined
                            by reference to the latest statement titled
                            `Budgetary Effects of PAYGO Legislation' for
                            this Act, submitted for printing in the
                            Congressional Record by the Chairman of the
                            House Budget Committee, provided that such
                            statement has been submitted prior to the vote
                            on passage.''
                                (B) Senate
                                To establish the budgetary effects of a
                            PAYGO Act consistent with the determination made
                            by the Chairman of the Senate Budget Committee,
                            a PAYGO Act originated in or amended by the
                            Senate shall include the following statement:
                            ``The budgetary effects of this

    [[Page 625]]

                            Act, for the purpose of complying with the
                            Statutory Pay-As-You-Go-Act of 2010, shall be
                            determined by reference to the latest statement
                            titled `Budgetary Effects of PAYGO Legislation'
                            for this Act, submitted for printing in the
                            Congressional Record by the Chairman of the
                            Senate Budget Committee, provided that such
                            statement has been submitted prior to the vote
                            on passage.''
                                (C) Conference reports and amendments
                            between the Houses
                                To establish the budgetary effects of the
                            conference report on a PAYGO Act, or an
                            amendment to an amendment between Houses on a
                            PAYGO Act, which if estimated shall be estimated
                            jointly by the Chairmen of the House and Senate
                            Budget Committees, the conference report or
                            amendment between the Houses shall include the
                            following statement: ``The budgetary effects of
                            this Act, for the purpose of complying with the
                            Statutory Pay-As-You-Go-Act of 2010, shall be
                            determined by reference to the latest statement
                            titled `Budgetary Effects of PAYGO Legislation'
                            for this Act, jointly submitted for printing in
                            the Congressional Record by the Chairmen of the
                            House and Senate Budget Committees, provided
                            that such statement has been submitted prior to
                            the vote on passage in the House acting first on
                            this conference report or amendment between the
                            Houses.
                    (2) Determination of budgetary effects of PAYGO Acts
                                (A) Original legislation

                                    (i) Statement and estimate

                                    Prior to a vote on passage of a PAYGO
                                Act originated or amended by one House, the
                                Chairman of the Budget Committee of that
                                House may submit for printing in the
                                Congressional Record a statement titled
                                ``Budgetary Effects of PAYGO Legislation''
                                which shall include an estimate of the
                                budgetary effects of that Act, if available
                                prior to passage of the Act by that House
                                and shall submit, if applicable, an
                                identification of any current policy
                                adjustments made pursuant to section 936 of
                                this title. The timely submission of such a
                                statement, in conjunction with the
                                appropriate designation made pursuant to
                                paragraph (1)(A) or (1)(B), as applicable,
                                shall establish the budgetary effects of the
                                PAYGO Act for the purposes of this Act.

                                    (ii) Effect

                                    The latest statement submitted by the
                                Chairman of the Budget Committee of that
                                House prior to passage shall supersede any
                                prior statements submitted in the
                                Congressional Record and shall be valid only
                                if the PAYGO Act is not further amended by
                                either House.

                                    (iii) Failure to submit estimate

                    If--

                                            (I) the estimate required by
                                        clause (i) has not been submitted
                                        prior to passage by that House;

                                            (II) such estimate has been
                                        submitted but is no longer valid due
                                        to a subsequent amendment to the
                                        PAYGO Act; or

                                            (III) the designation required
                                        pursuant to this subsection has not
                                        been made;

                                            the budgetary effects of the
                                        PAYGO Act shall be determined under
                                        subsection (d)(3), provided that
                                        this clause

    [[Page 626]]

                                        shall not apply if a valid
                                        designation is subsequently included
                                        in that PAYGO Act pursuant to
                                        paragraph (1)(C) and a statement is
                                        submitted pursuant to subparagraph
                                        (B).

                                (B) Conference reports and amendments
                            between Houses

                                    (i) In general

                    Prior to the adoption of a report of a committee of
                conference on a PAYGO Act in either House, or disposition of
                an amendment to an amendment between Houses on a PAYGO Act,
                the Chairmen of the Budget Committees of the House and
                Senate may jointly submit for printing in the Congressional
                Record a statement titled ``Budgetary Effects of PAYGO
                Legislation'' which shall include an estimate of the
                budgetary effects of that Act if available prior to passage
                of the Act by the House acting first on the legislation and
                shall submit, if applicable, an identification of any
                current policy adjustments made pursuant to section 936 of
                this title. The timely submission of such a statement, in
                conjunction with the appropriate designation made pursuant
                to paragraph (1)(C), shall establish the budgetary effects
                of the PAYGO Act for the purposes of this Act.

                                    (ii) Failure to submit estimate

                    If such estimate has not been submitted prior to the
                adoption of a report of a committee of conference by either
                House, or if the designation required pursuant to this
                subsection has not been made, the budgetary effects of the
                PAYGO Act shall be determined under subsection (d)(3).
                    (3) Procedure in the Senate
                    In the Senate, upon submission of a statement titled
                ``Budgetary Effects of PAYGO Legislation'' by the Chairman
                of the Senate Budget Committee for printing in the
                Congressional Record, the Legislative Clerk shall read the
                statement.
                    (4) Jurisdiction of the Budget Committees
                    For the purposes of enforcing section 637 of this title,
                a designation made pursuant to paragraph (1)(A), (1)(B), or
                (1)(C), that includes only the language specifically
                prescribed therein, shall not be considered a matter within
                the jurisdiction of either the Senate or House Committees on
                the Budget.
                (b) Omitted
                (c) Current policy adjustments for certain legislation
                    (1) In general
                    For any provision of legislation that meets the criteria
                in subsection (c), (d), (e) or (f) of section 936 of this
                title, the Chairs of the Committees on the Budget of the
                House and Senate, as applicable, shall request that CBO
                adjust the estimate of budgetary effects of that legislation
                pursuant to paragraph (2) for the purposes of this chapter.
                A single piece of legislation may contain provisions that
                meet criteria in more than one of the subsections referred
                to in the preceding sentence. CBO shall adjust estimates for
                legislation designated under subsection (a) and estimated
                under subsection (b). OMB shall adjust estimates for
                legislation estimated under subsection (d)(3).
                    (2) Adjustments
                                (A) Estimates

    [[Page 627]]

                    CBO or OMB, as applicable, shall exclude from the
                estimate of budgetary effects any budgetary effects of a
                provision that meets the criteria in subsection (c), (d),
                (e) or (f) of section 936 of this title, to the extent that
                those budgetary effects, when combined with all other
                excluded budgetary effects of any other previously
                designated provisions of enacted legislation under the same
                subsection of section 936 of this title, do not exceed the
                maximum applicable current policy adjustment defined under
                the applicable subsection of section 936 of this title for
                the applicable 10-year period.
                                (B) Baseline
                    Any estimate made pursuant to subparagraph (A) shall be
                prepared using baseline estimates supplied by the
                Congressional Budget Office, consistent with section 907 of
                this title. CBO estimates of legislation adjusted for
                current policy shall include a separate presentation of
                costs excluded from the calculation of budgetary effects for
                the legislation, as well as an updated total of all excluded
                costs of provisions within subsection (c), (d), or (e) of
                section 936 of this title, as applicable, and in the case of
                paragraph (1) of section 936(f) of this title, within any of
                the subparagraphs (A) through (L) of such paragraph, as
                applicable.
                    (3) Limitation on availability of excess savings
                    (A) Prohibition on use of excess saving for ineligible
                policies
                    To the extent the adjustment for current policy of any
                provision estimated under this subsection exceeds the
                estimated budgetary effects of that provision, these excess
                savings shall not be available to offset the costs of any
                provisions not otherwise eligible for a current policy
                adjustment under section 936 of this title, and shall not be
                counted on the PAYGO scorecards established pursuant to
                subsections (d)(4) and (d)(5).
                    (B) Prohibition on use of excess savings across budget
                areas
                    For provisions eligible for a current policy adjustment
                under subsections (c) through (f) of section 936 of this
                title, to the extent the adjustment for current policy of
                any provision exceeds the estimated budgetary effects of
                that same provision, the excess savings shall be available
                only to offset the costs of other provisions that qualify
                for a current policy adjustment in that same subsection.
                Each paragraph in section 936(f)(1) of this title shall be
                considered a separate subsection for purposes of this
                section.
                    (4) Further guidance on estimating budgetary effects
                    Estimates of budgetary effects under this subsection
                shall be consistent with the guidance provided at section
                936(h) of this title.
                    (5) Inclusion of statement
                    For PAYGO legislation adjusted pursuant to section 936
                of this title, the Chairman of the House or Senate Budget
                Committee, as applicable, shall include in any statement
                titled ``Budgetary Effects of PAYGO Legislation'', submitted
                for that legislation pursuant to this section, an
                explanation of the current policy designation and
                adjustments.
                (d) OMB PAYGO scorecards
                    (1) In general
                    OMB shall maintain and make publicly available a
                continuously updated document containing two PAYGO
                scorecards displaying the budgetary effects of PAYGO
                legislation as determined under section 639 of this title,
                applying the look-back requirement in subsection (e) and the
                averaging requirement in subsection (f), and a separate
                addendum

    [[Page 628]]

                displaying the estimates of the costs of provisions
                designated in statute as emergency requirements.
                    (2) Estimates in legislation
                                Except as provided in paragraph (3), in
                            making the calculations for the PAYGO
                            scorecards, OMB shall use the budgetary effects
                            included by reference in the applicable
                            legislation pursuant to subsection (a).
                    (3) OMB PAYGO estimates
                                If a PAYGO Act does not contain a valid
                            reference to its budgetary effects consistent
                            with subsection (a), OMB shall estimate the
                            budgetary effects of that legislation upon its
                            enactment. The OMB estimate shall be based on
                            the approaches to scorekeeping set forth in
                            section 639 of this title, as amended by this
                            chapter, and subsection (g)(4), and 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.
                    (4) 5-year scorecard
                                The first scorecard shall display the
                            budgetary effects of PAYGO legislation in each
                            year over the 5-year period beginning in the
                            budget year.
                    (5) 10-year scorecard
                                The second scorecard shall display the
                            budgetary effects of PAYGO legislation in each
                            year over the 10-year period beginning in the
                            budget year.
                    (6) Community Living Assistance Services and Supports
                Act
                                Neither scorecard maintained by OMB pursuant
                            to this subsection shall include net savings
                            from any provisions of legislation titled
                            ``Community Living Assistance Services and
                            Supports Act'', which establishes a Federal
                            insurance program for long-term care, if such
                            legislation is enacted into law, or amended,
                            subsequent to February 12, 2010.
                (e) Look-back to capture current-year effects
                    For purposes of this section, OMB shall treat the
                budgetary effects of PAYGO legislation enacted during a
                session of Congress that occur during the current year as
                though they occurred in the budget year.
                (f) Averaging used to measure compliance over 5-year and 10-
                    year periods
                    OMB shall cumulate the budgetary effects of a PAYGO Act
                over the budget year (which includes any look-back effects
                under subsection (e)) and--
                                (1) for purposes of the 5-year scorecard
                            referred to in subsection (d)(4), the four
                            subsequent outyears, divide that cumulative
                            total by five, and enter the quotient in the
                            budget-year column and in each subsequent column
                            of the 5-year PAYGO scorecard; and
                                (2) for purposes of the 10-year scorecard
                            referred to in subsection (d)(5), the nine
                            subsequent outyears, divide that cumulative
                            total by ten, and enter the quotient in the
                            budget-year column and in each subsequent column
                            of the 10-year PAYGO scorecard.
                (g) Emergency legislation
                    (1) Designation in statute

    [[Page 629]]

                                If a provision of direct spending or revenue
                            legislation in a PAYGO Act is enacted as an
                            emergency requirement that the Congress so
                            designates in statute pursuant to this section,
                            the amounts of new budget authority, outlays,
                            and revenue in all fiscal years resulting from
                            that provision shall be treated as an emergency
                            requirement for the purposes of this Act.
                    (2) Designation in the House of Representatives
                                If a PAYGO Act includes a provision
                            expressly designated as an emergency for the
                            purposes of this chapter, the Chair shall put
                            the question of consideration with respect
                            thereto.
                    (3) Point of order in the Senate
                                (A) In general
                                When the Senate is considering a PAYGO Act,
                            if a point of order is made by a Senator against
                            an emergency designation in that measure, that
                            provision making such a designation shall be
                            stricken from the measure and may not be offered
                            as an amendment from the floor.
                                (B) Supermajority waiver and appeals

                                    (i) Waiver

                                    Subparagraph (A) may be waived or
                                suspended in the Senate only by an
                                affirmative vote of three-fifths of the
                                Members, duly chosen and sworn.

                                    (ii) Appeals

                                    Appeals in the Senate from the decisions
                                of the Chair relating to any provision of
                                this subsection shall be limited to 1 hour,
                                to be equally divided between, and
                                controlled by, the appellant and the manager
                                of the bill or joint resolution, as the case
                                may be. An affirmative vote of three-fifths
                                of the Members of the Senate, duly chosen
                                and sworn, shall be required to sustain an
                                appeal of the ruling of the Chair on a point
                                of order raised under this subsection.

                                (C) Definition of an emergency designation
                                For purposes of subparagraph (A), a
                            provision shall be considered an emergency
                            designation if it designates any item as an
                            emergency requirement pursuant to this
                            subsection.
                                (D) Form of the point of order
                    A point of order under subparagraph (A) may be raised by
                a Senator as provided in section 644(e) of this title.
                                (E) Conference reports
                                When the Senate is considering a conference
                            report on, or an amendment between the Houses in
                            relation to, a PAYGO Act, upon a point of order
                            being made by any Senator pursuant to this
                            section, and such point of order being
                            sustained, such material contained in such
                            conference report shall be deemed stricken, and
                            the Senate shall proceed 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. In any case in which such point of
                            order is sustained against a conference report
                            (or Senate amendment derived from

    [[Page 630]]

                            such conference report by operation of this
                            subsection), no further amendment shall be in
                            order.
                                (4) Effect of designation on scoring
                                If a provision is designated as an emergency
                            requirement under this Act, CBO or OMB, as
                            applicable, shall not include the budgetary
                            effects of such a provision in its estimate of
                            the budgetary effects of that PAYGO legislation.
                            (Pub.L. 111-139, Title I, Sec.  4, Feb. 12,
                            2010, 124 Stat. 9.)
           737  Sec. 939. Limitation on changes to the Social Security Act.
                (a) Limitation on changes to the 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 bill or resolution pursuant to any expedited
                procedure to consider the recommendations of a Task Force
                for Responsible Fiscal Action or other commission that
                contains recommendations with respect to the old-age,
                survivors, and disability insurance program established
                under title II of the Social Security Act, or the taxes
                received under subchapter A of chapter 9; the taxes imposed
                by subchapter E of chapter 1; and the taxes collected under
                section 86 of part II of subchapter B of chapter 1 of the
                Internal Revenue Code.
                (b) Waiver
                    This section may be waived or suspended in the Senate
                only by the affirmative vote of three-fifths of the Members,
                duly chosen and sworn.
                (c) Appeals
                    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 this section. (Pub.L. 111-139,
                Title I, Sec.  13, Feb. 12, 2010, 124 Stat. 29.)

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

           738  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 asa
                            public servant, including service in the United
                            States Senate fora 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.

    [[Page 631]]

                                (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.)
           739  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.)
           740  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

    [[Page 632]]

                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.)
           741  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 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

    [[Page 633]]

                amount of funds to be allocated for such programs. (Pub.L.
                100-458, Title I, Sec. 115, Oct. 1, 1988, 102 Stat. 2173.)
           742  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) At the request of
                the Center, it shall be the duty of the Secretary of the
                Treasury to invest in full the amounts appropriated to the
                fund. Such investments must be made only in interest-bearing
                obligations of the United States issued directly to the
                fund.
                    (2) The purposes for which obligations of the United
                States may be issued under chapter 31 of Title 31 are hereby
                extended to authorize the issuance at par of special
                obligations directly 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 where such
                average is not a multiple of one-eighth of 1 per centum, the
                rate of interest of such special obligations shall be the
                multiple of one-eighth of 1 per centum next lower than such
                average rate. All requests of the Center to the Secretary of
                the Treasury provided for in this section shall be binding
                upon the Secretary.
                    (c) Authority to Sell Obligations.--At the request of
                the Center, the Secretary of the Treasury shall redeem any
                obligation issued directly to the fund. Obligations issued
                to the fund under subsection (b)(2) of this section shall be
                redeemed at par plus accrued interest. Any other obligations
                issued directly to the fund shall be redeemed at the market
                price.
                    (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; Pub.L. 108-7, Div. J, Title I, Sec. 125, Feb.
                20, 2003, 117 Stat. 439.)
           743  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 Government
                Accountability Office under such rules and regulations as
                may be prescribed by the Comptroller General of the United
                States. Representatives of the Government Accountability
                Office shall have access to all books, accounts, records,
                reports, and files and all other papers, things, or property
                belonging to or in use

    [[Page 634]]

                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; Pub.L. 108-271,
                Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           744  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.
                    (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.)
           745  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 re

    [[Page 635]]

                            freshments 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.)
                Cross Reference
                    Authority of the Library of Congress to provide
                financial services, see section 142j of Title 2, United
                States Code (Senate Manual Section 521).
           746  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.)
           747  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 22A.--CENTER FOR RUSSIAN LEADERSHIP DEVELOPMENT

           748  Sec. 1151. Open World Leadership Center.
                (a) Establishment
                    (1) In general
                                There is established in the legislative
                            branch of the Government a center to be known as
                            the ``Open World Leadership Center\1\ (the
                            ``Center'').
                    \1\ So in original. Probably should be followed by
                    closing quotation marks.
                    (2) Board of Trustees
                                The Center shall be subject to the
                            supervision and direction of a Board of Trustees
                            (the ``Board'') which shall be composed of 11
                            members as follows:

                                    (A) Two Members of the House of
                                Representatives appointed by the Speaker of
                                the House of Representatives, one of whom
                                shall be designated by the Majority Leader
                                of the House of Representatives and one of
                                whom shall be designated by the Minority
                                Leader of the House of Representatives.

                                    (B) Two Senators appointed by the
                                President pro tempore of the Senate, one of
                                whom shall be designated by the Majority
                                Leader of the Senate and one of whom shall
                                be designated by the Minority Leader of the
                                Senate.

    [[Page 636]]

                                    (C) The Librarian of Congress.

                                    (D) Four private individuals with
                                interests in improving relations between the
                                United States and eligible foreign states,
                                designated by the Librarian of Congress.

                                    (E) The chair of the Subcommittee on the
                                Legislative Branch of the Committee on
                                Appropriations of the House of
                                Representatives and the chair of the
                                Subcommittee on Legislative Branch of the
                                Committee on Appropriations of the Senate.

                                    Each member appointed under this
                                paragraph shall serve for a term of 3 years.
                                Any vacancy shall be filled in the same
                                manner as the original appointment and the
                                individual so appointed shall serve for the
                                remainder of the term. Members of the Board
                                shall serve without pay, but shall be
                                entitled to reimbursement for travel,
                                subsistence, and other necessary expenses
                                incurred in the performance of their duties.

                (b) Purpose and authority of the Center
                    (1) Purpose
                                The purpose of the Center is to establish,
                            in accordance with the provisions of paragraph
                            (2), a program to enable emerging political
                            leaders of eligible foreign states at all levels
                            of government to gain significant, firsthand
                            exposure to the American free market economic
                            system and the operation of American democratic
                            institutions through visits to governments and
                            communities at comparable levels in the United
                            States and to establish and administer a program
                            to enable cultural leaders of Russia to gain
                            significant, firsthand exposure to the operation
                            of American cultural institutions.
                    (2) Grant program
                                Subject to the provisions of paragraphs (3)
                            and (4), the Center shall establish a program
                            under which the Center annually awards grants to
                            government or community organizations in the
                            United States that seek to establish programs
                            under which those organizations will host
                            nationals of eligible foreign states who are
                            emerging political leaders at any level of
                            government.
                    (3) Restrictions
                                (A) Duration

                                    The period of stay in the United States
                                for any individual supported with grant
                                funds under the program shall not exceed 30
                                days.

                                (B) Limitation

                                    The number of individuals supported with
                                grant funds under the program shall not
                                exceed 3,500 in any fiscal year.

                                (C) Use of funds

                                    Grant funds under the program shall be
                                used to pay--

                                            (i) the costs and expenses
                                        incurred by each program participant
                                        in traveling between an eligible
                                        foreign state and the United States
                                        and in traveling within the United
                                        States;

                                            (ii) the costs of providing
                                        lodging in the United States to each
                                        program participant, whether in
                                        public accommodations or in private
                                        homes; and

                                            (iii) such additional
                                        administrative expenses incurred by
                                        organizations in carrying out the
                                        program as the Center may prescribe.

                    (4) Application

    [[Page 637]]

                                (A) In general

                                    Each organization in the United States
                                desiring a grant under this section shall
                                submit an application to the Center at such
                                time, in such manner, and accompanied by
                                such information as the Center may
                                reasonably require.

                                (B) Contents

                                    Each application submitted pursuant to
                                subparagraph (A) shall--

                                            (i) describe the activities for
                                        which assistance under this section
                                        is sought;

                                            (ii) include the number of
                                        program participants to be
                                        supported;

                                            (iii) describe the
                                        qualifications of the individuals
                                        who will be participating in the
                                        program; and

                                            (iv) provide such additional
                                        assurances as the Center determines
                                        to be essential to ensure compliance
                                        with the requirements of this
                                        section.

                (c) Establishment of Fund
                    (1) In general
                                There is established in the Treasury of the
                            United States a trust fund to be known as the
                            ``Open World Leadership Center Trust Fund'' (the
                            ``Fund'') which shall consist of amounts which
                            may be appropriated, credited, or transferred to
                            it under this section.
                    (2) Donations
                                Any money or other property donated,
                            bequeathed, or devised to the Center under the
                            authority of this section shall be credited to
                            the Fund.
                    (3) Fund management
                                (A) In general

                                    The provisions of subsections (b), (c),
                                and (d) of section 1105 of this title, and
                                the provisions of section 1106(b) of this
                                title, shall apply to the Fund.

                                (B) Expenditures

                                    The Secretary of the Treasury is
                                authorized to pay to the Center from amounts
                                in the Fund such sums as the Board
                                determines are necessary and appropriate to
                                enable the Center to carry out the
                                provisions of this section.

                (d) Executive Director
                    On behalf of the Board, the Librarian of Congress shall
                appoint an Executive Director who shall be the chief
                executive officer of the Center and who shall carry out the
                functions of the Center subject to the supervision and
                direction of the Board of Trustees. The Executive Director
                of the Center shall be compensated at the annual rate
                specified by the Board, but in no event shall such rate
                exceed level III of the Executive Schedule under section
                5314 of Title 5.
                (e) Administrative provisions
                    (1) In general
                                The provisions of section 1108 of this title
                            shall apply to the Center.
                    (2) Support provided by Library of Congress

    [[Page 638]]

                                The Library of Congress may disburse funds
                            appropriated to the Center, compute and disburse
                            the basic pay for all personnel of the Center,
                            provide administrative, legal, financial
                            management, and other appropriate services to
                            the Center, and collect from the Fund the full
                            costs of providing services under this
                            paragraph, as provided under an agreement for
                            services ordered under sections 1535 and 1536 of
                            Title 31.
                (f) Authorization of appropriations
                    There are authorized to be appropriated such sums as may
                be necessary to carry out this section.
                (g) Transfer of funds
                    Any amounts appropriated for use in the program
                established under section 3011 of the 1999 Emergency
                Supplemental Appropriations Act (Public Law 106-31; 113
                Stat. 93) shall be transferred to the Fund and shall remain
                available without fiscal year limitation.
                (h) Effective dates
                    (1) In general
                                This section shall take effect on December
                            21, 2000.
                    (2) Transfer
                                Subsection (g) of this section shall only
                            apply to amounts which remain unexpended on and
                            after the date the Board certifies to the
                            Librarian of Congress that grants are ready to
                            be made under the program established under this
                            section.
                (j) \2\ Eligible foreign state defined
                    \2\ So in original. No subsec. (i) has been enacted.
                    In this section, the term ``eligible foreign state''
                means--
                                (1) any country specified in section 5801 of
                            Title 22;
                                (2) Estonia, Latvia, and Lithuania; and
                                (3) any other country that is designated by
                            the Board, except that the Board shall notify
                            the Committees on Appropriations of the Senate
                            and the House of Representatives of the
                            designation at least 90 days before the
                            designation is to take effect. (Pub.L. 106-554,
                            Sec. 1(a)(2) [Title III, Sec. 313], Dec. 21,
                            2000, 114 Stat. 2763, 2763A-120; Pub.L. 108-7,
                            Div. H, Title I, Sec. 1401(a), Feb. 20, 2003,
                            117 Stat. 382; Pub.L. 108-447, Div. G, Title I,
                            Sec. Sec. 1501, 1502, Dec. 8, 2004, 118 Stat.
                            3192; Pub.L. 109-13, Div. A, Title III,
                            Sec. 3402(b), May 11, 2005, 119 Stat. 272;
                            Pub.L. 109-289, Div. B, Title II,
                            Sec. 20703(d)(6), as added Pub.L. 110-5, Sec. 2,
                            Feb. 15, 2007, 121 Stat. 39; Pub.L.111-68,
                            Div.A, Title I, Sec.  1601(a), (b), Oct. 1,
                            2009, 123 Stat. 2041.)

                           Chapter 22B.--HUNGER FELLOWSHIP PROGRAM

           749  Sec. 1161. Hunger Fellowship Program.
                (a) Short title; findings
                    (1) Short title
                                This section may be cited as the
                            ``Congressional Hunger Fellows Act of 2002''.
                    (2) Findings

    [[Page 639]]

                                The Congress finds as follows:

                                    (A) There is a critical need for
                                compassionate individuals who are committed
                                to assisting people who suffer from hunger
                                as well as a need for such individuals to
                                initiate and administer solutions to the
                                hunger problem.

                                    (B) Bill Emerson, the distinguished late
                                Representative from the 8th District of
                                Missouri, demonstrated his commitment to
                                solving the problem of hunger in a
                                bipartisan manner, his commitment to public
                                service, and his great affection for the
                                institution and the ideals of the United
                                States Congress.

                                    (C) George T. (Mickey) Leland, the
                                distinguished late Representative from the
                                18th District of Texas, demonstrated his
                                compassion for those in need, his high
                                regard for public service, and his lively
                                exercise of political talents.

                                    (D) The special concern that Mr. Emerson
                                and Mr. Leland demonstrated during their
                                lives for the hungry and poor was an
                                inspiration for others to work toward the
                                goals of equality and justice for all.

                                    (E) These two outstanding leaders
                                maintained a special bond of friendship
                                regardless of political affiliation and
                                worked together to encourage future leaders
                                to recognize and provide service to others,
                                and therefore it is especially appropriate
                                to honor the memory of Mr. Emerson and Mr.
                                Leland by creating a fellowship program to
                                develop and train the future leaders of the
                                United States to pursue careers in
                                humanitarian service.

                (b) Establishment
                    There is established as an independent entity of the
                legislative branch of the United States Government the
                Congressional Hunger Fellows Program (hereinafter in this
                section referred to as the ``Program'').
                (c) Board of Trustees
                    (1) In general
                                The Program shall be subject to the
                            supervision and direction of a Board of
                            Trustees.
                    (2) Members of the Board of Trustees
                                (A) Appointment

                                    The Board shall be composed of 6 voting
                                members appointed under clause (i) and one
                                nonvoting ex officio member designated in
                                clause (ii) as follows:

                                    (i) Voting members

                                            (I) The Speaker of the House of
                                        Representatives shall appoint two
                                        members.

                                            (II) The minority leader of the
                                        House of Representatives shall
                                        appoint one member.

                                            (III) The majority leader of the
                                        Senate shall appoint two members.

                                            (IV) The minority leader of the
                                        Senate shall appoint one member.

    [[Page 640]]

                                    (ii) Nonvoting member

                                            The Executive Director of the
                                        program shall serve as a nonvoting
                                        ex officio member of the Board.

                                (B) Terms

                                    Members of the Board shall serve a term
                                of 4 years.

                                (C) Vacancy

                                    (i) Authority of Board

                                            A vacancy in the membership of
                                        the Board does not affect the power
                                        of the remaining members to carry
                                        out this section.

                                    (ii) Appointment of successors

                                            A vacancy in the membership of
                                        the Board shall be filled in the
                                        same manner in which the original
                                        appointment was made.

                                    (iii) Incomplete term

                                            If a member of the Board does
                                        not serve the full term applicable
                                        to the member, the individual
                                        appointed to fill the resulting
                                        vacancy shall be appointed for the
                                        remainder of the term of the
                                        predecessor of the individual.

                                (D) Chairperson

                                    As the first order of business of the
                                first meeting of the Board, the members
                                shall elect a Chairperson.

                                (E) Compensation

                                    (i) In general

                                            Subject to clause (ii), members
                                        of the Board may not receive
                                        compensation for service on the
                                        Board.

                                    (ii) Travel

                                            Members of the Board may be
                                        reimbursed for travel, subsistence,
                                        and other necessary expenses
                                        incurred in carrying out the duties
                                        of the program.

                    (3) Duties
                                (A) Bylaws

                                    (i) Establishment

                                            The Board shall establish such
                                        bylaws and other regulations as may
                                        be appropriate to enable the Board
                                        to carry out this section, including
                                        the duties described in this
                                        paragraph.

                                    (ii) Contents

                                            Such bylaws and other
                                        regulations shall include
                                        provisions--

                                                    (I) for appropriate
                                                fiscal control, funds
                                                accountability, and
                                                operating principles;
                                                    (II) to prevent any
                                                conflict of interest, or the
                                                appearance of any conflict
                                                of interest, in the
                                                procurement and employment
                                                actions taken by the Board
                                                or by any officer or
                                                employee of the Board and in
                                                the selection and placement
                                                of individuals in the
                                                fellowships developed under
                                                the program;
                                                    (III) for the resolution
                                                of a tie vote of the members
                                                of the Board; and
                                                    (IV) for authorization
                                                of travel for members of the
                                                Board.

                                    (iii) Transmittal to Congress

    [[Page 641]]

                                            Not later than 90 days after the
                                        date of the first meeting of the
                                        Board, the Chairperson of the Board
                                        shall transmit to the appropriate
                                        congressional committees a copy of
                                        such bylaws.

                                (B) Budget

                                    For each fiscal year the program is in
                                operation, the Board shall determine a
                                budget for the program for that fiscal year.
                                All spending by the program shall be
                                pursuant to such budget unless a change is
                                approved by the Board.

                                (C) Process for selection and placement of
                            fellows

                                    The Board shall review and approve the
                                process established by the Executive
                                Director for the selection and placement of
                                individuals in the fellowships developed
                                under the program.

                                (D) Allocation of funds to fellowships

                                    The Board of Trustees shall determine
                                the priority of the programs to be carried
                                out under this section and the amount of
                                funds to be allocated for the Emerson and
                                Leland fellowships.

                (d) Purposes; authority of program
                    (1) Purposes
                                The purposes of the program are--

                                    (A) to encourage future leaders of the
                                United States to pursue careers in
                                humanitarian service, to recognize the needs
                                of people who are hungry and poor, and to
                                provide assistance and compassion for those
                                in need;

                                    (B) to increase awareness of the
                                importance of public service; and

                                    (C) to provide training and development
                                opportunities for such leaders through
                                placement in programs operated by
                                appropriate organizations or entities.

                    (2) Authority
                                The program is authorized to develop such
                            fellowships to carry out the purposes of this
                            section, including the fellowships described in
                            paragraph (3).
                    (3) Fellowships
                                (A) In general

                                    The program shall establish and carry
                                out the Bill Emerson Hunger Fellowship and
                                the Mickey Leland Hunger Fellowship.

                                (B) Curriculum

                                    (i) In general

                                            The fellowships established
                                        under subparagraph (A) shall provide
                                        experience and training to develop
                                        the skills and understanding
                                        necessary to improve the
                                        humanitarian conditions and the
                                        lives of individuals who suffer from
                                        hunger, including--

                                                    (I) training in direct
                                                service to the hungry in
                                                conjunction with community-
                                                based organizations through
                                                a program of field
                                                placement; and
                                                    (II) experience in
                                                policy development through
                                                placement in a governmental
                                                entity or nonprofit
                                                organization.

                                    (ii) Focus of Bill Emerson Hunger
                                Fellowship

                                            The Bill Emerson Hunger
                                        Fellowship shall address hunger and
                                        other humanitarian needs in the
                                        United States.

    [[Page 642]]

                                    (iii) Focus of Mickey Leland Hunger
                                Fellowship

                                            The Mickey Leland Hunger
                                        Fellowship shall address
                                        international hunger and other
                                        humanitarian needs.

                                    (iv) Workplan

                                            To carry out clause (i) and to
                                        assist in the evaluation of the
                                        fellowships under paragraph (4), the
                                        program shall, for each fellow,
                                        approve a work plan that identifies
                                        the target objectives for the fellow
                                        in the fellowship, including
                                        specific duties and responsibilities
                                        related to those objectives.

                                (C) Period of fellowship

                                    (i) Emerson Fellow

                                            A Bill Emerson Hunger Fellowship
                                        awarded under this paragraph shall
                                        be for no more than 1 year.

                                    (ii) Leland Fellow

                                            A Mickey Leland Hunger
                                        Fellowship awarded under this
                                        paragraph shall be for no more than
                                        2 years. Not less than 1 year of the
                                        fellowship shall be dedicated to
                                        fulfilling the requirement of
                                        subparagraph (B)(i)(I).

                                (D) Selection of fellows

                                    (i) In general

                                            A fellowship shall be awarded
                                        pursuant to a nationwide competition
                                        established by the program.

                                    (ii) Qualification

                                            A successful applicant shall be
                                        an individual who has demonstrated--

                                                    (I) an intent to pursue
                                                a career in humanitarian
                                                service and outstanding
                                                potential for such a career;
                                                    (II) leadership
                                                potential or actual
                                                leadership experience;
                                                    (III) diverse life
                                                experience;
                                                    (IV) proficient writing
                                                and speaking skills;
                                                    (V) an ability to live
                                                in poor or diverse
                                                communities; and
                                                    (VI) such other
                                                attributes as determined to
                                                be appropriate by the Board.

                                    (iii) Amount of award

                                            (I) In general

                                                    Each individual awarded
                                                a fellowship under this
                                                paragraph shall receive a
                                                living allowance and,
                                                subject to subclause (II),
                                                an end-of-service award as
                                                determined by the program.

                                            (II) Requirement for successful
                                        completion of fellowship

                                                    Each individual awarded
                                                a fellowship under this
                                                paragraph shall be entitled
                                                to receive an end-of-service
                                                award at an appropriate rate
                                                for each month of
                                                satisfactory service as
                                                determined by the Executive
                                                Director.

                                    (iv) Recognition of fellowship award

                                            (I) Emerson Fellow

                                                    An individual awarded a
                                                fellowship from the Bill
                                                Emerson Hunger Fellowship
                                                shall be known as an
                                                ``Emerson Fellow''.

    [[Page 643]]

                                            (II) Leland Fellow

                                                    An individual awarded a
                                                fellowship from the Mickey
                                                Leland Hunger Fellowship
                                                shall be known as a ``Leland
                                                Fellow''.

                    (4) Evaluation
                                The program shall conduct periodic
                            evaluations of the Bill Emerson and Mickey
                            Leland Hunger Fellowships. Such evaluations
                            shall include the following:

                                    (A) An assessment of the successful
                                completion of the work plan of the fellow.

                                    (B) An assessment of the impact of the
                                fellowship on the fellows.

                                    (C) An assessment of the accomplishment
                                of the purposes of the program.

                                    (D) An assessment of the impact of the
                                fellow on the community.

                (e) Trust Fund
                    (1) Establishment
                                There is established the Congressional
                            Hunger Fellows Trust Fund (hereinafter in this
                            section referred to as the ``Fund'') in the
                            Treasury of the United States, consisting of
                            amounts appropriated to the Fund under
                            subsection (i), amounts credited to it under
                            paragraph (3), and amounts received under
                            subsection (g)(3)(A) of this section.
                    (2) Investment of funds
                                The Secretary of the Treasury shall invest
                            the full amount of the Fund. 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 Secretary in
                            consultation with the Board, has a maturity
                            suitable for the Fund.
                    (3) Return on investment
                                Except as provided in subsection (f)(2) of
                            this section, the Secretary of the Treasury
                            shall credit to the Fund the interest on, and
                            the proceeds from the sale or redemption of,
                            obligations held in the Fund.
                (f) Expenditures; audits
                    (1) In general
                                The Secretary of the Treasury shall transfer
                            to the program from the amounts described in
                            subsection (e)(3) of this section and subsection
                            (g)(3)(A) of this section such sums as the Board
                            determines are necessary to enable the program
                            to carry out the provisions of this section.
                    (2) Limitation
                                The Secretary may not transfer to the
                            program the amounts appropriated to the Fund
                            under subsection (i) of this section.
                    (3) Use of funds
                                Funds transferred to the program under
                            paragraph (1) shall be used for the following
                            purposes:

                                    (A) Stipends for fellows

                                            To provide for a living
                                        allowance for the fellows.

                                    (B) Travel of fellows

    [[Page 644]]

                                            To defray the costs of
                                        transportation of the fellows to the
                                        fellowship placement sites.

                                    (C) Insurance

                                            To defray the costs of
                                        appropriate insurance of the
                                        fellows, the program, and the Board.

                                    (D) Training of fellows

                                            To defray the costs of
                                        preservice and midservice education
                                        and training of fellows.

                                    (E) Support staff

                                            Staff described in subsection
                                        (g) of this section.

                                    (F) Awards

                                            End-of-service awards under
                                        subsection (d)(3)(D)(iii)(II) of
                                        this section.

                                    (G) Additional approved uses

                                            For such other purposes that the
                                        Board determines appropriate to
                                        carry out the program.

                    (4) Audit by GAO
                                (A) In general

                                    The Comptroller General of the United
                                States may conduct an audit of the accounts
                                of the program.

                                (B) Books

                                    The program shall make available to the
                                Comptroller General all books, accounts,
                                financial records (including records of
                                salaries of the Executive Director and other
                                personnel), reports, files, and all other
                                papers, things, or property belonging to or
                                in use by the program and necessary to
                                facilitate such audit.

                                (C) Report to Congress

                                    The Comptroller General shall submit a
                                copy of the results of each such audit to
                                the appropriate congressional committees.

                (g) Staff; powers of program
                    (1) Executive Director
                                (A) In general

                                    The Board shall appoint an Executive
                                Director of the program who shall administer
                                the program. The Executive Director shall
                                carry out such other functions consistent
                                with the provisions of this section as the
                                Board shall prescribe.

                                (B) Restriction

                                    The Executive Director may not serve as
                                Chairperson of the Board.

                                (C) Compensation

                                    The Executive Director shall be paid at
                                a rate not to exceed the rate of basic pay
                                payable for level V of the Executive
                                Schedule under section 5316 of Title 5.

                    (2) Staff
                                (A) In general

                                    With the approval of a majority of the
                                Board, the Executive Director may appoint
                                and fix the pay of additional personnel as
                                the Executive Director considers necessary
                                and appropriate to carry out the functions
                                of the provisions of this section.

                                (B) Compensation

                                    An individual appointed under
                                subparagraph (A) shall be paid at a rate not
                                to exceed the rate of basic pay payable for
                                level GS-15 of the General Schedule.

    [[Page 645]]

                    (3) Powers
                                In order to carry out the provisions of this
                            section, the program may perform the following
                            functions:

                                    (A) Gifts

                                            The program may solicit, accept,
                                        use, and dispose of gifts, bequests,
                                        or devises of services or property,
                                        both real and personal, for the
                                        purpose of aiding or facilitating
                                        the work of the program. Gifts,
                                        bequests, or devises of money and
                                        proceeds from sales of other
                                        property received as gifts,
                                        bequests, or devises shall be
                                        deposited in the Fund and shall be
                                        available for disbursement upon
                                        order of the Board.

                                    (B) Experts and consultants

                                            The program may procure
                                        temporary and intermittent services
                                        under section 3109 of Title 5, but
                                        at rates for individuals not to
                                        exceed the daily equivalent of the
                                        maximum annual rate of basic pay
                                        payable for GS-15 of the General
                                        Schedule.

                                    (C) Contract authority

                                            The program may contract, with
                                        the approval of a majority of the
                                        members of the Board, with and
                                        compensate Government and private
                                        agencies or persons without regard
                                        to section 5 of Title 41.

                                    (D) Other necessary expenditures

                                            The program shall make such
                                        other expenditures which the program
                                        considers necessary to carry out the
                                        provisions of this section, but
                                        excluding project development.

                (h) Report
                    Not later than December 31 of each year, the Board shall
                submit to the appropriate congressional committees a report
                on the activities of the program carried out during the
                previous fiscal year, and shall include the following:
                                (1) An analysis of the evaluations conducted
                            under subsection (d)(4) of this section
                            (relating to evaluations of the Emerson and
                            Leland fellowships and accomplishment of the
                            program purposes) during that fiscal year.
                                (2) A statement of the total amount of funds
                            attributable to gifts received by the program in
                            that fiscal year (as authorized under subsection
                            (g)(3)(A) of this section), and the total amount
                            of such funds that were expended to carry out
                            the program that fiscal year.
                (i) Authorization of appropriations
                    There are authorized to be appropriated $18,000,000 to
                carry out the provisions of this section.
                (j) Definition
                    In this section, the term ``appropriate congressional
                committees'' means--
                                (1) the Committee on Agriculture and the
                            Committee on International Relations of the
                            House of Representatives; and
                                (2) the Committee on Agriculture, Nutrition,
                            and Forestry and the Committee on Foreign
                            Relations of the Senate. (Pub.L. 107-171, Title
                            IV, Sec. 4404, May 13, 2002, 116 Stat. 335;
                            Pub.L. 110-161, Div. H, Title I, Sec. 1502(c),
                            Dec. 26, 2007, 121 Stat. 2250.)

    [[Page 646]]

                          Chapter 24.--CONGRESSIONAL ACCOUNTABILITY

                                   Subchapter I.--General

           750  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 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;

    [[Page 647]]

                                            (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.)

           751  Sec. 1302. Application of laws.
                (a) Laws made applicable
                    The following laws shall apply, as prescribed by this
                chapter, to the legislative branch of the Federal
                Government:
                                (1) The Fair Labor Standards Act of 1938 (29
                            U.S.C. 201 et seq.).
                                (2) Title VII of the Civil Rights Act of
                            1964 (42 U.S.C. 2000e et seq.).
                                (3) The Americans with Disabilities Act of
                            1990 (42 U.S.C. 12101 et seq.)
                                (4) The Age Discrimination in Employment Act
                            of 1967 (29 U.S.C. 621 et seq.).
                                (5) The Family and Medical Leave Act of 1993
                            (29 U.S.C. 2611 et seq.).
                                (6) The Occupational Safety and Health Act
                            of 1970 (29 U.S.C. 651 et seq.).
                                (7) Chapter 71 (relating to Federal service
                            labor-management relations) of Title 5.
                                (8) The Employee Polygraph Protection Act of
                            1988 (29 U.S.C. 2001 et seq.).
                                (9) The Worker Adjustment and Retraining
                            Notification Act (29 U.S.C. 2101 et seq.).
                                (10) The Rehabilitation Act of 1973 (29
                            U.S.C. 701 et seq.).
                                (11) Chapter 43 (relating to veterans'
                            employment and reemployment) of Title 38.
                (b) Laws which may be made applicable
                    (1) In general
                                The Board shall review provisions of Federal
                            law (including regulations) relating to (A) the
                            terms and conditions of employment (including
                            hiring, promotion, demotion, termination,
                            salary, wages, overtime compensation, benefits,
                            work assignments or reassignments, grievance and
                            disciplinary procedures, protection from
                            discrimination in personnel actions,
                            occupational health and safety,

    [[Page 648]]

                            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
                                provision 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.)

                     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

           752  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).

    [[Page 649]]

                (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

                                            (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.)
           753  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

    [[Page 650]]

                                    (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) Government Accountability Office and Library of
                Congress
                                Subsection (c) of this section shall be
                            effective 1 year after transmission to the
                            Congress of the study under section 1371 of this
                            title. (Pub.L. 104-1, Title II, Sec. 202, Jan.
                            23, 1995, 109 Stat. 9; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           754  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.

    [[Page 651]]

                (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.
                (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.)
           755  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 Government Accountability Office and the

    [[Page 652]]

                            Library of Congress and the term ``employing
                            office'' shall include the Government
                            Accountability 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) Government Accountability Office and Library of
                Congress
                                This section shall be effective with respect
                            to the Government Accountability Office and the
                            Library of Congress 1 year after transmission to
                            the Congress of the study under section 1371 of
                            this title. (Pub.L. 104-1, Title II, Sec. 204,
                            Jan. 23, 1995, 109 Stat. 10; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           756  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 Government Accountability Office and the
                            Library of Congress and the term ``employing
                            office'' shall include the Government
                            Accountability Office and the Library of
                            Congress.

    [[Page 653]]

                (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) Government Accountability Office and Library of
                Congress
                                This section shall be effective with respect
                            to the Government Accountability 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; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           757  Sec. 1316. Rights and protections relating to veterans'
                    employment and reemployment.
                (a) Employment and reemployment rights of members of the
                    uniformed services
                    (1) In general
                                It shall be unlawful for an employing office
                            to--

                                    (A) discriminate, within the meaning of
                                subsections (a) and (b) of section 4311 of
                                Title 38, against an eligible employee;

                                    (B) deny to an eligible employee
                                reemployment rights within the meaning of
                                sections 4312 and 4313 of Title 38; or

                                    (C) deny to an eligible employee
                                benefits within the meaning of sections
                                4316, 4317, and 4318 of Title 38.

                    (2) Definitions
                                For purposes of this section--

                                    (A) the term ``eligible employee'' means
                                a covered employee performing service in the
                                uniformed services, within the meaning of
                                section 4303(13) of Title 38, whose service
                                has not been terminated upon occurrence of
                                any of the events enumerated in section 4304
                                of Title 38,

                                    (B) the term ``covered employee''
                                includes employees of the Government
                                Accountability Office and the Library of
                                Congress, and--

    [[Page 654]]

                                    (C) the term ``employing office''
                                includes the Government Accountability
                                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) Government Accountability Office and Library of
                Congress
                                This section shall be effective with respect
                            to the Government Accountability 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; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           758  Sec. 1316a. Legislative branch appointments.
                (1) Definitions
                    For the purpose of this section, the terms ``covered
                employee'' and ``Board'' shall each have the meaning given
                such term by section 101 of the Congressional Accountability
                Act of 1995 (2 U.S.C. 1301).
                (2) Rights and protections
                    The rights and protections established under section
                2108, sections 3309 through 3312, and subchapter I of
                chapter 35 [5 U.S.C.A. Sec. 3501 et seq.], of Title 5 shall
                apply to covered employees.
                (3) Remedies
                    (A) In general
                                The remedy for a violation of paragraph (2)
                            shall be such remedy as would be appropriate if
                            awarded under applicable provisions of Title 5,
                            in the case of a violation of the relevant
                            corresponding provision (referred to in
                            paragraph (2)) of such title.
                    (B) Procedure
                                The procedure for consideration of alleged
                            violations of paragraph (2) shall be the same as
                            apply under section 1401 of this title (and the
                            provisions of law referred to therein) in the
                            case of an alleged violation of part A of
                            subchapter II of this chapter.

    [[Page 655]]

                (4) Regulations to implement section
                    (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
                            protections 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 appointment 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
                            Senior 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.)
           759  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.)

    [[Page 656]]

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

           760  Sec. 1331. Rights and protections under the Americans With
                    Disabilities Act of 1990 relating to public services and
                    accommodations; procedures for remedy of violations.
                (a) Entities subject to this section
                    The requirements of this section shall apply to--
                                (1) each office of the Senate, including
                            each office of a Senator and each committee;
                                (2) each office of the House of
                            Representatives, including each office of a
                            Member of the House of Representatives and each
                            committee;
                                (3) each joint committee of the Congress;
                                (4) the Capitol Guide Service;
                                (5) the Capitol Police;
                                (6) the Congressional Budget Office;
                                (7) the Office of the Architect of the
                            Capitol (including the Senate Restaurants and
                            the Botanic Garden);
                                (8) the Office of the Attending Physician;
                                (9) the Office of Compliance; and
                                (10) the Office of Technology Assessment.
                (b) Discrimination in public services and accommodations
                    (1) Rights and protections
                                The rights and protections against
                            discrimination in the provision of public
                            services and accommodations established by
                            sections 201 through 230, 302, 303, and 309 of
                            the Americans With Disabilities Act of 1990 (42
                            U.S.C. 12131-12150, 12182, 12183, and 12189)
                            shall apply to the entities listed in subsection
                            (a) of this section.
                    (2) Definitions
                                For purposes of the application of Title II
                            of the Americans With Disabilities Act of 1990
                            (42 U.S.C. 12131 et seq.) under this section,
                            the term ``public entity'' means any entity
                            listed in subsection (a) of this section that
                            provides public services, programs, or
                            activities.
                (c) Remedy
                                The remedy for a violation of subsection (b)
                            of this section shall be such remedy as would be
                            appropriate if awarded under section 203 or
                            308(a) of the Americans With Disabilities Act of
                            1990 (42 U.S.C. 12133, 12188(a)), except that,
                            with respect to any claim of employment
                            discrimination asserted by any covered employee,
                            the exclusive remedy shall be under section 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.

    [[Page 657]]

                    (2) Mediation
                                If, upon investigation under paragraph (1),
                            the General Counsel believes that a violation of
                            subsection (b) of this section may have occurred
                            and that mediation may be helpful in resolving
                            the dispute, the General Counsel may request,
                            but not participate in, mediation under
                            subsections (b) through (d) of section 1403 of
                            this title between the charging individual and
                            any entity responsible for correcting the
                            alleged violation.
                    (3) Complaint, hearing, Board review
                                If mediation under paragraph (2) has not
                            succeeded in resolving the dispute, and if the
                            General Counsel believes that a violation of
                            subsection (b) of this section may have
                            occurred, the General Counsel may file with the
                            Office a complaint against any entity
                            responsible for correcting the violation. The
                            complaint shall be submitted to a hearing
                            officer for decision pursuant to subsections (b)
                            through (h) of section 1405 of this title and
                            any person who has filed a charge under
                            paragraph (1) may intervene as of right, with
                            the full rights of a party. The decision of the
                            hearing officer shall be subject to review by
                            the Board pursuant to section 1406 of this
                            title.
                    (4) Judicial review
                                A charging individual who has intervened
                            under paragraph (3) or any respondent to the
                            complaint, if aggrieved by a final decision of
                            the Board under paragraph (3), may file a
                            petition for review in the United States Court
                            of Appeals for the Federal Circuit, pursuant to
                            section 1407 of this title.
                    (5) Compliance date
                                If new appropriated funds are necessary to
                            comply with an order requiring correction of a
                            violation of subsection (b) of this section,
                            compliance shall take place as soon as possible,
                            but no later than the fiscal year following the
                            end of the fiscal year in which the order
                            requiring correction becomes final and not
                            subject to further review.
                (e) Regulations to implement section
                    (1) In general
                                The Board shall, pursuant to section 1384 of
                            this title, issue regulations to implement this
                            section.
                    (2) Agency regulations
                                The regulations issued under paragraph (1)
                            shall be the same as substantive regulations
                            promulgated by the Attorney General and the
                            Secretary of Transportation to implement the
                            statutory provisions referred to in subsection
                            (b) of this section except to the extent that
                            the Board may determine, for good cause shown
                            and stated together with the regulation, that a
                            modification of such regulations would be more
                            effective for the implementation of the rights
                            and protections under this section.
                    (3) Entity responsible for correction
                                The regulations issued under paragraph (1)
                            shall include a method of identifying, for
                            purposes of this section and for categories of
                            violations of subsection (b) of this section,
                            the entity responsible for correction of a
                            particular violation.

    [[Page 658]]

                (f) Periodic inspections; report to Congress; initial study
                    (1) Periodic inspections
                                On a regular basis, and at least once each
                            Congress, the General Counsel shall inspect the
                            facilities of the entities listed in subsection
                            (a) of this section to ensure compliance with
                            subsection (b) of this section.
                    (2) Report
                                On the basis of each periodic inspection,
                            the General Counsel shall, at least once every
                            Congress, prepare and submit a report--

                                    (A) to the Speaker of the House of
                                Representatives, the President pro tempore
                                of the Senate, and the Office of the
                                Architect of the Capitol, or other entity
                                responsible, for correcting the violation of
                                this section uncovered by such inspection,
                                and

                                    (B) containing the results of the
                                periodic inspection, describing any steps
                                necessary to correct any violation of this
                                section, assessing any limitations in
                                accessibility to and usability by
                                individuals with disabilities associated
                                with each violation, and the estimated cost
                                and time needed for abatement.

                    (3) Initial period for study and corrective action
                                The period from January 23, 1995 until
                            December 31, 1996, shall be available to the
                            Office of the Architect of the Capitol and other
                            entities subject to this section to identify any
                            violations of subsection (b) of this section, to
                            determine the costs of compliance, and to take
                            any necessary corrective action to abate any
                            violations. The Office shall assist the Office
                            of the Architect of the Capitol and other
                            entities listed in subsection (a) of this
                            section by arranging for inspections and other
                            technical assistance at their request. Prior to
                            July 1, 1996, the General Counsel shall conduct
                            a thorough inspection under paragraph (1) and
                            shall submit the report under paragraph (2) for
                            the One Hundred Fourth Congress.
                    (4) Detailed personnel
                                The Attorney General, the Secretary of
                            Transportation, and the Architectural and
                            Transportation Barriers Compliance Board may, on
                            request of the Executive Director, detail to the
                            Office such personnel as may be necessary to
                            advise and assist the Office in carrying out its
                            duties under this section.
                (g) Omitted. (Codified at 42 U.S.C. 12209)
                (h) Effective date
                    (1) In general
                                Subsections (b), (c), and (d) of this
                            section shall be effective on January 1, 1997.
                    (2) Government Accountability 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; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)

    [[Page 659]]

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

           761  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 Government Accountability
                                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 Government Accountability
                                Office and the Library of Congress.

                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be an order to correct the violation,
                including such order as would be appropriate if issued under
                section 13(a) of the Occupational Safety and Health Act of
                1970 (29 U.S.C. 662(a)).
                (c) Procedures
                    (1) Requests for inspections
                                Upon written request of any employing office
                            or covered employee, the General Counsel shall
                            exercise the authorities granted to the
                            Secretary of Labor by subsections (a), (d), (e),
                            and (f) of section 8 of the Occupational Safety
                            and Health Act of 1970 (29 U.S.C. 657 (a), (d),
                            (e), and (f) to inspect and investigate places
                            of employment under the jurisdiction of
                            employing offices.
                    (2) Citations, notices, and notifications
                                For purposes of this section, the General
                            Counsel shall exercise the authorities granted
                            to the Secretary of Labor in sections 9 and 10
                            of the Occupational Safety and Health Act of
                            1970 (29 U.S.C. 658 and 659), to issue--

                                    (A) a citation or notice to any
                                employing office responsible for correcting
                                a violation of subsection (a) of this
                                section; or

                                    (B) a notification to any employing
                                office that the General Counsel believes has
                                failed to correct a violation for which a
                                citation has been issued within the period
                                permitted for its correction.

                    (3) Hearings and review
                                If after issuing a citation or notification,
                            the General Counsel determines that a violation
                            has not been corrected, the General

    [[Page 660]]

                            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.
                    (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

    [[Page 661]]

                            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 Government Accountability
                            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.
                (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) Government Accountability Office and Library of
                Congress
                                This section shall be effective with respect
                            to the Government Accountability 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; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)

    [[Page 662]]

                             Part D.--Labor-Management Relations

           762  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 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

    [[Page 663]]

                            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
                                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

    [[Page 664]]

                                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 Reporters of Debate,
                                Official Reporters to Committees, Printing
                                Services, and Legislative Information;

                                    (E) the Office of the Legislative
                                Counsel of the Senate, the Office of the
                                Senate Legal Counsel, the Office of the
                                Legislative Counsel of the House of
                                Representatives, the Office of the General
                                Counsel of the House of Representatives, the
                                Office of the Parliamentarian of the House
                                of Representatives, and the Office of the
                                Law Revision Counsel;

                                    (F) the offices of any caucus or party
                                organization;

                                    (G) the Congressional Budget Office, the
                                Office of Technology Assessment, and the
                                Office of Compliance; and

                                    (H) such other offices that perform
                                comparable functions which are identified
                                under regulations of the Board.

    [[Page 665]]

                (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

           763  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.
                    (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

    [[Page 666]]

                                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

           764  Sec. 1371. Study and recommendations regarding Government
                    Accountability 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 Government Accountability
                                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.
                                (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 Government Accountability 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.).

    [[Page 667]]

                                (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; Pub.L. 108-271,
                            Sec. 8(b), July 7, 2004, 118 Stat. 814.)

                            Subchapter III.--Office of Compliance

           765  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 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

    [[Page 668]]

                                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 (other than the Office),
                                or may have held such a position (other than
                                the position of an officer or employee of
                                the General Accounting Office Personnel
                                Appeals Board,\1\ 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.

                    \1\ The General Accounting Office is now the Government
                    Accountability Office.
                    (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 may be reappointed, but no
                            individual may serve as a member for more than 2
                            terms.
                    (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--

                                    (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

    [[Page 669]]

                                    (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--
                                (A) Rate of compensation for each day.--Each
                            member of the Board shall be compensated, for
                            each day (including travel time) during which
                            such member is engaged in the performance of the
                            duties of the Board, at a rate equal to the
                            daily equivalent of the lesser 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) Authority to prorate.--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 670]]

                (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; Pub.L.
                108-349, Sec. 1(a), Oct. 21, 2004, 118 Stat. 1389; Pub.L.
                110-161, Div. H, Title I, Sec. 1101(a), Dec. 26, 2007, 121
                Stat. 2236; Pub.L. 110-164, Sec. 1, Dec. 26, 2007, 121 Stat.
                2459.)
           766  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
                                (A) Authority to fix compensation

                                    The Chair may fix the compensation of
                                the Executive Director.

                                (B) Limitation

                                    The rate of pay for the Executive
                                Director may not exceed the lesser 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.

                    (3) Term
                                The term of office of the Executive Director
                            shall be not more than 2 terms of 5 years,
                            except that the first Executive Director shall
                            have a single term of 7 years.

    [[Page 671]]

                    (4) Duties
                                The Executive Director shall serve as the
                            chief operating officer of the Office. Except as
                            otherwise specified in this chapter, the
                            Executive Director shall carry out all of the
                            responsibilities of the Office under this
                            chapter.
                (b) Deputy Executive Directors
                    (1) In general
                                The Chair, subject to the approval of the
                            Board, shall appoint and may remove a Deputy
                            Executive Director for the Senate and a Deputy
                            Executive Director for the House of
                            Representatives. Selection and appointment of a
                            Deputy Executive Director shall be without
                            regard to political affiliation and solely on
                            the basis of fitness to perform the duties of
                            the office. The disqualifications in section
                            1381(d)(2) of this title shall apply to the
                            appointment of a Deputy Executive Director.
                    (2) Term
                                The term of office of a Deputy Executive
                            Director shall be not more than 2 terms of 5
                            years, except that the first Deputy Executive
                            Directors shall have a single term of 6 years.
                    (3) Compensation
                                (A) Authority to fix compensation.--The
                            Chair may fix the compensation of the Deputy
                            Executive Directors.
                                (B) The rate of pay for a Deputy Executive
                            Director may not exceed 96 percent of the lesser
                            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.

                    (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
                                (A) Authority to fix compensation

                                    The Chair may fix the compensation of
                                the General Counsel.

                                (B) Limitation

    [[Page 672]]

                                    The rate of pay for the General Counsel
                                may not exceed the lesser 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.

                    (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 to
                            enable the General Counsel to perform the
                            General Counsel's duties.
                    (5) Term
                                The term of office of the General Counsel
                            shall be not more than 2 terms 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
                Government Accountability Office Personnel Appeals Board.

    [[Page 673]]

                (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;
                Pub.L. 110-161, Div. H, Title I, Sec. 1101, Dec. 26, 2007,
                121 Stat. 2236-37; Pub.L. 110-164, Sec. 2, Dec. 26, 2007,
                121 Stat. 2459.)
           767  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 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.)
           768  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;

    [[Page 674]]

                                            (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 recommendations of the
                                Deputy Director for the House of
                                Representatives in regard to regulations
                                under subsection (a)(2)(B)(ii) of this
                                section, and the recommendations of the
                                Executive Director for regulations under
                                subsection (a)(2)(B)(iii) of this section.

                                (2) Comment

                                    Before adopting regulations, the Board
                                shall provide a comment period of at least
                                30 days after publication of a general
                                notice of proposed rulemaking.

                                (3) Adoption

                                    After considering comments, the Board
                                shall adopt regulations and shall transmit
                                notice of such action together with a copy
                                of such regulations to the Speaker of the
                                House of Representatives and the President
                                pro tempore of the Senate for publication in
                                the Congressional Record on the first day on
                                which both Houses are in session following
                                such transmittal.

                                (4) Recommendation as to method of approval

                                    The Board shall include a recommendation
                                in the general notice of proposed rulemaking
                                and in the regulations as to whether the
                                regulations should be approved by resolution
                                of the Senate, by resolution of the House of
                                Representatives, by concurrent resolution,
                                or by joint resolution.

                (c) Approval of regulations
                    (1) In general
                                Regulations referred to in paragraph
                            (2)(B)(i) of subsection (a) of this section may
                            be approved by the Senate by resolution or by
                            the Congress by concurrent resolution or by
                            joint resolution. Regulations referred to in
                            paragraph (2)(B)(ii) of subsection (a) of this
                            section may be approved by the House of
                            Representatives by resolution or by the Congress
                            by concurrent resolution or by joint resolution.
                            Regulations referred to in paragraph (2)(B)(iii)
                            may be approved by Congress by concurrent
                            resolution or by joint resolution.
                    (2) Referral

    [[Page 675]]

                                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 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

    [[Page 676]]

                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.)
           769  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

    [[Page 677]]

                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.)
           770  Sec. 1386. Disposition of surplus or obsolete personal
                    property.
                    The Executive Director may, within the limits of
                available appropriations, dispose of surplus or obsolete
                personal property by interagency transfer, donation, or
                discarding. (Pub.L. 104-1, Title III, Sec.  306, as added
                Pub.L. 111-68, Div. A, Title I, Sec.  1101(a), Oct. 1, 2009,
                123 Stat. 2031.)

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

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

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

                                    (B) a civil action in a district court
                                of the United States as provided in section
                                1408 of this title.

                                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.)
           772  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.

    [[Page 678]]

                (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.)
           773  Sec. 1403. Mediation.
                (a) Initiation
                    Not later than 15 days after receipt by the employee of
                notice of the end of the counseling period under section
                1402 of this title, but prior to and as a condition of
                making an election under section 1404 of this title, the
                covered employee who alleged a violation of a law shall file
                a request for mediation with the Office.
                (b) Process
                    Mediation under this section--
                                (1) may include the Office, the covered
                            employee, the employing office, and one or more
                            individuals appointed by the Executive Director
                            after considering recommendations by
                            organizations composed primarily of individuals
                            experienced in adjudicating or arbitrating
                            personnel matters, and
                                (2) shall involve meetings with the parties
                            separately or jointly for the purpose of
                            resolving the dispute between the covered
                            employee and the employing office.
                (c) Mediation period
                    The mediation period shall be 30 days beginning on the
                date the request for mediation is received. The mediation
                period may be extended for additional periods at the joint
                request of the covered employee and the employing office.
                The Office shall notify in writing the covered employee and
                the employing office when the mediation period has ended.
                (d) Independence of mediation process
                    No individual, who is appointed by the Executive
                Director to mediate, may conduct or aid in a hearing
                conducted under section 1405 of this title with respect to
                the same matter or shall be subject to subpoena 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.)
           774  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.)
           775  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--

    [[Page 679]]

                                (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

                                    (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 correspond

    [[Page 680]]

                            ence, books, papers, documents, and other
                            records. The attendance of witnesses and the
                            production of records may be required from any
                            place within the United States. Subpoenas shall
                            be served in the manner provided under rule
                            45(b) of the Federal Rules of Civil Procedure.
                    (2) Objections
                                If a person refuses, on the basis of
                            relevance, privilege, or other objection, to
                            testify in response to a question or to produce
                            records in connection with a proceeding before a
                            hearing officer, the hearing officer shall rule
                            on the objection. At the request of the witness
                            or any party, the hearing officer shall (or on
                            the hearing officer's own initiative, the
                            hearing officer may) refer the ruling to the
                            Board for review.
                    (3) Enforcement
                                (A) In general

                                    If a person fails to comply with a
                                subpoena, the Board may authorize the
                                General Counsel to apply, in the name of the
                                Office, to an appropriate United States
                                district court for an order requiring that
                                person to appear before the hearing officer
                                to give testimony or produce records. The
                                application may be made within the judicial
                                district where the hearing is conducted or
                                where that person is found, resides, or
                                transacts business. Any failure to obey a
                                lawful order of the district court issued
                                pursuant to this section may be held by such
                                court to be a civil contempt thereof.

                                (B) Service of process

                                    Process in an action or contempt
                                proceeding pursuant to subparagraph (A) may
                                be served in any judicial district in which
                                the person refusing or failing to comply, or
                                threatening to refuse or not to comply,
                                resides, transacts business, or may be
                                found, and subpoenas for witnesses who are
                                required to attend such proceedings may run
                                into any other district.

                (g) Decision
                    The hearing officer shall issue a written decision as
                expeditiously as possible, but in no case more than 90 days
                after the conclusion of the hearing. The written decision
                shall be transmitted by the Office to the parties. The
                decision shall state the issues raised in the complaint,
                describe the evidence in the record, contain findings of
                fact and 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.)

    [[Page 681]]

           776  Sec. 1406. Appeal to the Board.
                (a) In general
                    Any party aggrieved by the decision of a hearing officer
                under section 1405(g) of this title may file a petition for
                review by the Board not later than 30 days after entry of
                the decision in the records of the Office.
                (b) Parties' opportunity to submit argument
                    The parties to the hearing upon which the decision of
                the hearing officer was made shall have a reasonable
                opportunity to be heard, through written submission and, in
                the discretion of the Board, through oral argument.
                (c) Standard of review
                    The Board shall set aside a decision of a hearing
                officer if the Board determines that the decision was--
                                (1) arbitrary, capricious, an abuse of
                            discretion, or otherwise not consistent with
                            law;
                                (2) not made consistent with required
                            procedures; or
                                (3) unsupported by substantial evidence.
                (d) Record
                    In making determinations under subsection (c) of this
                section, the Board shall review the whole record, or those
                parts of it cited by a party, and due account shall be taken
                of the rule of prejudicial error.
                (e) Decision
                    The Board shall issue a written decision setting forth
                the reasons for its decision. The decision may affirm,
                reverse, or remand to the hearing officer for further
                proceedings. A decision that does not require further
                proceedings before a hearing officer shall be entered in the
                records of the Office as a final decision. (Pub.L. 104-1,
                Title IV, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)
           777  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 undersection 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

    [[Page 682]]

                                The United States Court of Appeals for the
                            Federal Circuit shall have jurisdiction over any
                            petition of the General Counsel, filed in the
                            name of the Office and at the direction of the
                            Board, to enforce a final decision under section
                            1405(g) or 1406(e) of this title with respect to
                            a violation of part A, B, C, or D of subchapter
                            II of this title.
                (b) Procedures
                    (1) Respondents
                                (A) In any proceeding commenced by a
                            petition filed under subsection (a)(1) (A) or
                            (B) of this section, or filed by a party other
                            than the General Counsel under subsection (a)(1)
                            (C) or (D) of this section, the Office shall be
                            named respondent and any party before the Board
                            may be named respondent by filing a notice of
                            election with the court within 30 days after
                            service of the petition.
                                (B) In any proceeding commenced by a
                            petition filed by the General Counsel under
                            subsection (a)(1) (C) or (D) of this section,
                            the prevailing party in the final decision
                            entered under section 1406(e) of this title
                            shall be named respondent, and any other party
                            before the Board may be named respondent by
                            filing a notice of election with the court
                            within 30 days after service of the petition.
                                (C) In any proceeding commenced by a
                            petition filed under subsection (a)(2) of this
                            section, the party under section 1405 or 1406 of
                            this title that the General Counsel determines
                            has failed to comply with a final decision under
                            section 1405(g) or 1406(e) of this title shall
                            be named respondent.
                    (2) Intervention
                                Any party that participated in the
                            proceedings before the Board under section 1406
                            of this title and that was not made respondent
                            under paragraph (1) may intervene as of right.
                (c) Law applicable
                    Chapter 158 of Title 28, shall apply to judicial review
                under paragraph (1) of subsection (a) of this section,
                except that--
                                (1) with respect to section 2344 of Title
                            28, service of a petition in any proceeding in
                            which the Office is a respondent shall be on the
                            General Counsel rather than on the Attorney
                            General;
                                (2) the provisions of section 2348 of Title
                            28, on the authority of the Attorney General,
                            shall not apply;
                                (3) the petition for review shall be filed
                            not later than 90 days after the entry in the
                            Office of a final decision under section 1406(e)
                            of this title; and
                                (4) the Office shall be an ``agency'' as
                            that term is used in chapter 158 of Title 28.
                (d) Standard of review
                    To the extent necessary for decision in a proceeding
                commenced under subsection (a)(1) of this section and when
                presented, the court shall 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

    [[Page 683]]

                                (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.)
           778  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.
                (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

    [[Page 684]]

                                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.)

           779  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.)
           780  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.)
           781  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.)
           782  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.)

    [[Page 685]]

           783  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.)
           784  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.)
           785  Sec. 1415. Payments.
                (a) Awards and settlements
                    Except as provided in subsection (c), only funds which
                are appropriated to an account of the Office in the Treasury
                of the United States for the payment of awards and
                settlements may be used for the payment of awards and
                settlements under this Act. There are authorized to be
                appropriated for such account such sums as may be necessary
                to pay such awards and settlements. Funds in the account are
                not available for awards and settlements involving the
                Government Accountability 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; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           786  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.

    [[Page 686]]

                (c) Hearings and deliberations
                    Except as provided in subsections (d), (e), and (f) of
                this title, all proceedings and deliberations of hearing
                officers and the Board, including any related records, shall
                be confidential. This subsection shall not apply to
                proceedings under section 1341 of this title, but shall
                apply to the deliberations of hearing officers and the Board
                under that section.
                (d) Release of records for judicial action
                    The records of hearing officers and the Board may be
                made public if required for the purpose of judicial review
                under section 1407 of this title.
                (e) Access by committees of Congress
                    At the discretion of the Executive Director, the
                Executive Director may provide to the Committee on Standards
                of Official Conduct of the House of Representatives and the
                Select Committee on Ethics of the Senate access to the
                records of the hearings and decisions of the hearing
                officers and the Board, including all written and oral
                testimony in the possession of the Office. The Executive
                Director shall not provide such access until the Executive
                Director has consulted with the individual filing the
                complaint at issue, and until a final decision has been
                entered under section 1405(g) or 1406(e) of this title.
                (f) Final decisions
                    A final decision entered under section 1405(g) or
                1406(e) of this title shall be made public if it is in favor
                of the complaining covered employee, or in favor of the
                charging party under section 1331 of this title, or if the
                decision reverses a decision of a hearing officer which had
                been in favor of the covered employee or charging party. The
                Board may make public any other decision at its discretion.
                (Pub.L. 104-1, Title IV, Sec. 416, Jan. 23, 1995, 109 Stat.
                38.)

                           Subchapter V.--Miscellaneous Provisions

           787  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.)
           788  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

    [[Page 687]]

                                (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.)
           789  Sec. 1433. Nondiscrimination rules of the House and Senate.
                    The Select Committee on Ethics of the Senate and the
                Committee on Standards of Official Conduct of the House of
                Representatives retain full power, in accordance with the
                authority provided to them by the Senate and the House, with
                respect to the discipline of Members, officers, and
                employees for violating rules of the Senate and the House on
                nondiscrimination in employment. (Pub.L. 104-1, Title V,
                Sec. 503, Jan. 23, 1995, 109 Stat. 40.)
           790  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.);

    [[Page 688]]

                                (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.)
           791  Sec. 1435. Savings provisions.
                (a) Transition provisions for employees of the House of
                    Representatives and of the Senate
                    (1) Claims arising before effective date
                                If, as of the date on which section 1311 of
                            this title takes effect, an employee of the
                            Senate or the House of Representatives has or
                            could have requested counseling under section
                            305 of the Government Employees Rights Act of
                            1991 (2 U.S.C. 1205) or Rule LI of the House of
                            Representatives, including counseling for
                            alleged violations of family and medical leave
                            rights under subchapter V of chapter 28 of Title
                            29, the employee may complete, or initiate and
                            complete, all procedures under chapter 23 of
                            this title and Rule LI, and the provisions of
                            that chapter and Rule shall remain in effect
                            with respect to, and provide the exclusive
                            procedures for, those claims until the
                            completion of all such procedures.
                    (2) Claims arising between effective date and opening of
                office
                                If a claim by an employee of the Senate or
                            House of Representatives arises under section
                            1311 or 1312 of this title after January 23,
                            1995, but before the opening of the Office for
                            receipt of requests for counseling or mediation
                            under sections 1402 and 1403 of this title, the
                            provisions of chapter 23 of this title and Rule
                            LI of the House of Representatives relating to
                            counseling and mediation shall remain in effect,
                            and the employee may complete under that Act or
                            Rule the requirements for counseling and
                            mediation under sections 1402 and 1403 of this
                            title. If, after counseling and mediation is
                            completed, the Office has not yet opened for the
                            filing of a timely complaint under section 1405
                            of this title, the employee may elect--

                                    (A) to file a complaint under section
                                307 of the Government Employees Rights Act
                                of 1991 (2 U.S.C. 1207) or Rule LI of the
                                House of Representatives, and thereafter
                                proceed exclusively under that Act or Rule,
                                the provisions of which shall remain in
                                effect until the completion of all
                                proceedings in relation to the complaint, or

                                    (B) to commence a civil action under
                                section 1408 of this title.

                    (3) Section 1207a of this title
                                With respect to payments of awards and
                            settlements relating to Senate employees under
                            paragraph (1) of this subsection, section 1207a
                            of this title remains in effect.

    [[Page 689]]

                (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\1\
                                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

                    \1\ The General Accounting Office is now the Government
                    Accountability Office.

                                    (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.)
           792  Sec. 1436. Repealed (Pub.L. 106-57, Title III, Sec. 313,
                    Sept. 29, 1999, 113 Stat. 428).
           793

                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.)
           794  Sec. 1438. Severability.
                    If any provision of this chapter or the application of
                such provision to any person or circumstance is held to be
                invalid, the remainder of this chapter and the application
                of the provisions of the remainder

    [[Page 690]]

                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

           795  Sec. 1501. Purposes.
                    The purposes of this chapter are--
                                (1) to strengthen the partnership between
                            the Federal Government and State, local, and
                            tribal governments;
                                (2) to end the imposition, in the absence of
                            full consideration by Congress, of Federal
                            mandates on State, local, and tribal governments
                            without adequate Federal funding, in a manner
                            that may displace other essential State, local,
                            and tribal governmental priorities;
                                (3) to assist Congress in its consideration
                            of proposed legislation establishing or revising
                            Federal programs containing Federal mandates
                            affecting State, local, and tribal governments,
                            and the private sector by--

                                    (A) providing for the development of
                                information about the nature and size of
                                mandates in proposed legislation; and

                                    (B) establishing a mechanism to bring
                                such information to the attention of the
                                Senate and the House of Representatives
                                before the Senate and the House of
                                Representatives vote on proposed
                                legislation;

                                (4) to promote informed and deliberate
                            decisions by Congress on the appropriateness of
                            Federal mandates in any particular instance;
                                (5) to require that Congress consider
                            whether to provide funding to assist State,
                            local, and tribal governments in complying with
                            Federal mandates, to require analyses of the
                            impact of private sector mandates, and through
                            the dissemination of that information provide
                            informed and deliberate decisions by Congress
                            and Federal agencies and retain competitive
                            balance between the public and private sectors;
                                (6) to establish a point-of-order vote on
                            the consideration in the Senate and House of
                            Representatives of legislation containing
                            significant Federal intergovernmental mandates
                            without providing adequate funding to comply
                            with such mandates;
                                (7) to assist Federal agencies in their
                            consideration of proposed regulations affecting
                            State, local, and tribal governments, by--

                                    (A) requiring that Federal agencies
                                develop a process to enable the elected and
                                other officials of State, local, and tribal
                                governments to provide input when Federal
                                agencies are developing regulations; and

                                    (B) requiring that Federal agencies
                                prepare and consider estimates of the
                                budgetary impact of regulations containing
                                Federal mandates upon State, local, and
                                tribal governments and the private sector
                                before adopting such regulations, and
                                ensuring that small governments are given
                                special consideration in that process; and

                                (8) to begin consideration of the effect of
                            previously imposed Federal mandates, including
                            the impact on State, local, and tribal
                            governments of Federal court interpretations of
                            Federal statutes and regulations that impose
                            Federal intergovernmental mandates. (Pub.L. 104-
                            4, Sec. 2, Mar. 22, 1995, 109 Stat. 48.)

    [[Page 691]]

           796  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.)
           797  Sec. 1503. Exclusions.
                    This chapter shall not apply to any provision in a bill,
                joint resolution, amendment, motion, or conference report
                before Congress and any provision in a proposed or final
                Federal regulation that--
                                (1) enforces constitutional rights of
                            individuals;
                                (2) establishes or enforces any statutory
                            rights that prohibit discrimination on the basis
                            of race, color, religion, sex, national origin,
                            age, handicap, or disability;
                                (3) requires compliance with accounting and
                            auditing procedures with respect to grants or
                            other money or property provided by the Federal
                            Government;
                                (4) provide for emergency assistance or
                            relief at the request of any State, local, or
                            tribal government or any official of a State,
                            local, or tribal government;
                                (5) is necessary for the national security
                            or the ratification or implementation of
                            international treaty obligations;
                                (6) the President designates as emergency
                            legislation and that the Congress so designates
                            in statute; or
                                (7) relates to the old-age, survivors, and
                            disability insurance program under subchapter II
                            of chapter 7 of Title 42 (including taxes
                            imposed by sections 3101(a) and 3111(a) of Title
                            26 (relating to old-age, survivors, and
                            disability insurance)). (Pub.L. 104-4, Sec. 4,
                            Mar. 22, 1995, 109 Stat. 49.)
           798  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

           799  Sec. 1511. Cost of regulations.
                (a) Sense of the Congress
                    It is the sense of the Congress that Federal agencies
                should review and evaluate planned regulations to ensure
                that the cost estimates provided by the Congressional Budget
                Office will be carefully considered as regulations are
                promulgated.
                (b) Statement of cost
                    At the request of a committee chairman or ranking
                minority member, the Director shall, to the extent
                practicable, prepare a comparison between--
                                (1) an estimate by the relevant agency,
                            prepared under section 1532 of this title, of
                            the costs of regulations implementing an Act
                            containing a Federal mandate; and

    [[Page 692]]

                                (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.''
           800  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.)
           801  Sec. 1513. Impact on local governments.
                (a) Findings
                    The Senate finds that--
                                (1) the Congress should be concerned about
                            shifting costs from Federal to State and local
                            authorities and should be equally concerned
                            about the growing tendency of States to shift
                            costs to local governments;
                                (2) cost shifting from States to local
                            governments has, in many instances, forced local
                            governments to raise property taxes or curtail
                            sometimes essential services; and
                                (3) increases in local property taxes and
                            cuts in essential services threaten the ability
                            of many citizens to attain and maintain the
                            American dream of owning a home in a safe,
                            secure community.
                (b) Sense of the Senate
                    It is the sense of the Senate that--
                                (1) the Federal Government should not shift
                            certain costs to the State, and States should
                            end the practice of shifting costs to local
                            governments, which forces many local governments
                            to increase property taxes;
                                (2) States should end the imposition, in the
                            absence of full consideration by their
                            legislatures, of State issued mandates on local
                            governments without adequate State funding, in a
                            manner that may displace other essential
                            government priorities; and
                                (3) one primary objective of this chapter
                            and other efforts to change the relationship
                            among Federal, State, and local govern

    [[Page 693]]

                            ments should be to reduce taxes and spending at
                            all levels and to end the practice of shifting
                            costs from one level of government to another
                            with little or no benefit to taxpayers. (Pub.L.
                            104-4, Title I, Sec. 106, Mar. 22, 1995, 109
                            Stat. 63.)
           802  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.)
           803  Sec. 1515. Exercise of rulemaking powers.
                    The provisions of sections 658 to 658g and 1514 of this
                title are enacted by Congress--
                                (1) as an exercise of the rulemaking power
                            of the Senate and the House of Representatives,
                            respectively, and as such they shall be
                            considered as part of the rules of such House,
                            respectively, and such rules shall supersede
                            other rules only to the extent that they are
                            inconsistent therewith; and
                                (2) with full recognition of the
                            constitutional right of either House to change
                            such rules (so far as relating to such House) at
                            any time, in the same manner, and to the same
                            extent as in the case of any other rule of each
                            House. (Pub.L. 104-4, Title I, Sec. 108, Mar.
                            22, 1995, 109 Stat. 63.)
           804  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

           805  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.)
           806  Sec. 1532. Statements to accompany significant regulatory
                    actions.
                (a) In general
                    Unless otherwise prohibited by law, before promulgating
                any general notice of proposed rulemaking that is likely to
                result in promulgation of any rule that includes any Federal
                mandate that may result in the expenditure by State, local,
                and tribal governments, in the aggregate, or by the private
                sector, of $100,000,000 or more (adjusted annually for
                inflation) in any 1 year, and before promulgating any final
                rule for which a general notice of proposed rulemaking was
                published, the agency shall prepare a written statement
                containing--

    [[Page 694]]

                                (1) an identification of the provision of
                            Federal law under which the rule is being
                            promulgated;
                                (2) a qualitative and quantitative
                            assessment of the anticipated costs and benefits
                            of the Federal mandate, including the costs and
                            benefits to State, local, and tribal governments
                            or the private sector, as well as the effect of
                            the Federal mandate of health, safety, and the
                            natural environment and such an assessment shall
                            include--

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

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

                                (3) estimates by the agency, if and to the
                            extent that the agency determines that accurate
                            estimates are reasonably feasible, of--

                                    (A) the future compliance costs of the
                                Federal mandate; and

                                    (B) any disproportionate budgetary
                                effects of the Federal mandate upon any
                                particular regions of the nation or
                                particular State, local, or tribal
                                governments, urban or rural or other types
                                of communities, or particular segments of
                                the private sector;

                                (4) estimates by the agency of the effect on
                            the national economy, such as the effect on
                            productivity, economic growth, full employment,
                            creation of productive jobs, and international
                            competitiveness of United States goods and
                            services, if and to the extent that the agency
                            in its sole discretion determines that accurate
                            estimates are reasonably feasible and that such
                            effect is relevant and material; and
                                (5)(A) a description of the extent of the
                            agency's prior consultation with elected
                            representatives (under section 1534 of this
                            title) of the affected State, local, and tribal
                            governments;
                                (B) a summary of the comments and concerns
                            that were presented by State, local, or tribal
                            governments either orally or in writing to the
                            agency; and
                                (C) a summary of the agency's evaluation of
                            those comments and concerns.
                (b) Promulgation
                    In promulgating a general notice of proposed rulemaking
                or a final rule for which a statement under subsection (a)
                of this section is required, the agency shall include in the
                promulgation a summary of the information contained in the
                statement.
                (c) Preparation in conjunction with other statement
                    Any agency may prepare any statement required under
                subsection (a) of this section in conjunction with or as
                part of any other statement or analysis, provided that the
                statement or analysis satisfies the provisions of subsection
                (a) of this section. (Pub.L. 104-4, Title II, Sec. 202, Mar.
                22, 1995, 109 Stat. 64.)

                                   2 u.s.c.--the congress

                        generalandpermanentlawsrelatingtothesenate

           807  Sec. 1533. Small government agency plan.
                (a) Effects on small governments
                    Before establishing any regulatory requirements that
                might significantly or uniquely affect small governments,
                agencies shall have developed a plan under which the agency
                shall--

    [[Page 695]]

                                (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.)
           808  Sec. 1534. State, local, and tribal government input.
                (a) In general
                    Each agency shall, to the extent permitted in law,
                develop an effective process to permit elected officers of
                State, local, and tribal governments (or their designated
                employees with authority to act on their behalf) to provide
                meaningful and timely input in the development of regulatory
                proposals containing significant Federal intergovernmental
                mandates.
                (b) Meetings between State, local, tribal and Federal
                    officers
                    The Federal Advisory Committee Act (5 U.S.C. App.) shall
                not apply to actions in support of intergovernmental
                communications where--
                                (1) meetings are held exclusively between
                            Federal officials and elected officers of State,
                            local, and tribal governments (or their
                            designated employees with authority to act on
                            their behalf) acting in their official
                            capacities; and
                                (2) such meetings are solely for the
                            purposes of exchanging views, information, or
                            advice relating to the management or
                            implementation of Federal programs established
                            pursuant to public law that explicitly or
                            inherently share intergovernmental
                            responsibilities or administration.
                (c) Implementing guidelines
                    No later than 6 months after March 22, 1995, the
                President shall issue guidelines and instructions to Federal
                agencies for appropriate implementation of subsections (a)
                and (b) of this section consistent with applicable laws and
                regulations. (Pub.L. 104-4, Title II, Sec. 204, Mar. 22,
                1995, 109 Stat. 65.)
           809  Sec. 1535. Least burdensome option or explanation required.
                (a) In general
                    Except as provided in subsection (b) of this section,
                before promulgating any rule for which a written statement
                is required under section 1532 of this title, the agency
                shall identify and consider a reasonable number of
                regulatory alternatives and from those alternatives select
                the least costly, most cost-effective or least burdensome
                alternative that achieves the objectives of the rule, for--
                                (1) State, local, and tribal governments, in
                            the case of a rule containing a Federal
                            intergovernmental mandate; and
                                (2) the private sector, in the case of a
                            rule containing a Federal private sector
                            mandate.

    [[Page 696]]

                (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.)
           810  Sec. 1536. Assistance to the Congressional Budget Office.
                    The Director of the Office of Management and Budget
                shall--
                                (1) collect from agencies the statements
                            prepared under section 1532 of this title; and
                                (2) periodically forward copies of such
                            statements to the Director of the Congressional
                            Budget Office on a reasonably timely basis after
                            promulgation of the general notice of proposed
                            rulemaking or of the final rule for which the
                            statement was prepared. (Pub.L. 104-4, Title II,
                            Sec. 206, Mar. 22, 1995, 109 Stat. 66.)
           811  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.)
           812  Sec. 1538. Annual statements to Congress on agency
                    compliance.
                    No later than 1 year after March 22, 1995, and annually
                thereafter, the Director of the Office of Management and
                Budget shall submit to the Congress, including the Committee
                on Governmental Affairs of the Senate and the Committee on
                Government Reform and Oversight of the House of
                Representatives, a written report detailing compliance by
                each agency during the preceding reporting period with the
                requirements of this subchapter. (Pub.L. 104-4, Title II,
                Sec. 208, Mar. 22, 1995, 109 Stat. 67.)

    [[Page 697]]

                         Subchapter III.--Review of Federal Mandates

           813  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.)
           814  Sec. 1552. Report on Federal mandates by Advisory Commission
                    on Intergovernmental Relations.
                (a) In general
                    The Advisory Commission on Intergovernmental Relations
                shall in accordance with this section--
                                (1) investigate and review the role of
                            Federal mandates in intergovernmental relations
                            and their impact on State, local, tribal, and
                            Federal government objectives and
                            responsibilities, and their impact on the
                            competitive balance between State, local, and
                            tribal governments, and the private sector and
                            consider views of and the impact on working men
                            and women on those same matters;
                                (2) investigate and review the role of
                            unfunded State mandates imposed on local
                            governments;
                                (3) make recommendations to the President
                            and the Congress regarding--

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

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

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

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

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

    [[Page 698]]

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

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

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

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

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

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

                (b) Criteria
                    (1) In general
                                The Commission shall establish criteria for
                            making recommendations under subsection (a) of
                            this section.
                    (2) Issuance of proposed criteria
                                The Commission shall issue proposed criteria
                            under this subsection no later than 60 days
                            after March 22, 1995, and thereafter provide a
                            period of 30 days for submission by the public
                            of comments on the proposed criteria.
                    (3) Final criteria
                                No later than 45 days after the date of
                            issuance of proposed criteria, the Commission
                            shall--

                                    (A) consider comments on the proposed
                                criteria received under paragraph (2);

                                    (B) adopt and incorporate in final
                                criteria any recommendations submitted in
                                those comments that the Commission
                                determines will aid the Commission in
                                carrying out its duties under this section;
                                and

                                    (C) issue final criteria under this
                                subsection.

                (c) Preliminary report
                    (1) In general
                                No later than 9 months after March 22, 1995,
                            the Commission shall--

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

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

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

                    (2) Public hearings

    [[Page 699]]

                                The Commission shall hold public hearings on
                            the preliminary recommendations contained in the
                            preliminary report of the Commission under this
                            subsection.
                (d) Final report
                    No later than 3 months after the date of the publication
                of the preliminary report under subsection (c) of this
                section, the Commission shall submit to the Congress,
                including the Committee on Government Reform and Oversight
                of the House of Representatives, the Committee on
                Governmental Affairs of the Senate, the Committee on the
                Budget of the Senate, and the Committee on the Budget of the
                House of Representatives, and to the President a final
                report on the findings, conclusions, and recommendations of
                the Commission under this section.
                (e) Priority to mandates that are subject of judicial
                    proceedings
                    In carrying out this section, the Advisory Commission
                shall give the highest priority to immediately
                investigating, reviewing, and making recommendations
                regarding Federal mandates that are the subject of judicial
                proceedings between the United States and a State, local, or
                tribal government.
                (f) Definition
                    For purposes of this section the term ``State mandate''
                means any provision in a State statute or regulation that
                imposes an enforceable duty on local governments, the
                private sector, or individuals, including a condition of
                State assistance or a duty arising from participation in a
                voluntary State program. (Pub.L. 104-4, Title III, Sec. 302,
                Mar. 22, 1995, 109 Stat. 67.)
           815  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 appropriations,
                contract with and compensate government and private persons
                (including agencies) for property and services used to carry
                out its duties under this subchapter. (Pub.L. 104-4, Title
                III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)

    [[Page 700]]

           816  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.)
           817  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.)
           818  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.)

                               Subchapter IV.--Judicial Review

           819  Sec. 1571. Judicial review.
                (a) Agency statements on significant regulatory actions
                    (1) In general
                                Compliance or noncompliance by any agency
                            with the provisions of sections 1532 and 1533(a)
                            (1) and (2) of this title shall be subject to
                            judicial review only in accordance with this
                            section.
                    (2) Limited review of agency compliance or noncompliance
                                (A) Agency compliance or noncompliance with
                            the provisions of sections 1532 and 1533(a) (1)
                            and (2) of this title shall be subject to
                            judicial review only under section 706(1) of
                            title 5, and only as provided under subparagraph
                            (B).
                                (B) If an agency fails to prepare the
                            written statement (including the preparation of
                            the estimates, analyses, statements, or
                            descriptions) under section 1532 of this title
                            or the written plan under section 1533(a) (1)
                            and (2) of this title, a court may compel the
                            agency to prepare such written statement.
                    (3) Review of agency rules
                                In any judicial review under any other
                            Federal law of an agency rule for which a
                            written statement or plan is required under
                            sections 1532 and 1533(a) (1) and (2) of this
                            title, the inadequacy or failure to prepare such
                            statement (including the inadequacy or failure
                            to prepare any estimate, analysis, statement or
                            description) or written plan shall not be used
                            as a basis for staying, enjoining, invalidating
                            or otherwise affecting such agency rule.

    [[Page 701]]

                    (4) Certain information as part of record
                                Any information generated under sections
                            1532 and 1533(a) (1) and (2) of this title that
                            is part of the rulemaking record for judicial
                            review under the provisions of any other Federal
                            law may be considered as part of the record for
                            judicial review conducted under such other
                            provisions of Federal law.
                    (5) Application of other Federal law
                                For any petition under paragraph (2) the
                            provisions of such other Federal law shall
                            control all other matters, such as exhaustion of
                            administrative remedies, the time for and manner
                            of seeking review and venue, except that if such
                            other Federal law does not provide a limitation
                            on the time for filing a petition for judicial
                            review that is less than 180 days, such
                            limitation shall be 180 days after a final rule
                            is promulgated by the appropriate agency.
                    (6) Effective date
                                This subsection shall take effect on October
                            1, 1995, and shall apply only to any agency rule
                            for which a general notice of proposed
                            rulemaking is promulgated on or after such date.
                (b) Judicial review and rule of construction
                    Except as provided in subsection (a) of this section--
                                (1) any estimate, analysis, statement,
                            description or report prepared under this
                            chapter, and any compliance or noncompliance
                            with the provisions of this chapter, and any
                            determination concerning the applicability of
                            the provisions of this chapter shall not be
                            subject to judicial review; and
                                (2) no provision of this chapter shall be
                            construed to create any right or benefit,
                            substantive or procedural, enforceable by any
                            person in any administrative or judicial action.
                            (Pub.L. 104-4, Title IV, Sec. 401, Mar. 22,
                            1995, 109 Stat. 70.)

                       Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES

           820  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.)
           821  Sec. 1602. Definitions.
                    As used in this chapter:
                                (1) Agency

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

    [[Page 702]]

                                (2) Client

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

                                (3) Covered executive branch official

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

                                            (A) the President;

                                            (B) the Vice President;

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

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

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

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

                                (4) Covered legislative branch official

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

                                            (A) a Member of Congress;

                                            (B) an elected officer of either
                                        House of Congress;

                                            (C) any employee of, or any
                                        other individual functioning in the
                                        capacity of an employee of--

                                                    (i) a Member of
                                                Congress;
                                                    (ii) a committee of
                                                either House of Congress;
                                                    (iii) the leadership
                                                staff of the House of
                                                Representatives or the
                                                leadership staff of the
                                                Senate;
                                                    (iv) a joint committee
                                                of Congress; and
                                                    (v) a working group or
                                                caucus organized to provide
                                                legislative services or
                                                other assistance to Members
                                                of Congress; and

                                            (D) any other legislative branch
                                        employee serving in a position
                                        described under section 109(13) of
                                        the Ethics in Government Act of 1978
                                        (5 U.S.C. App.).

                                (5) Employee

                                    The term ``employee'' means any
                                individual who is an officer, employee,
                                partner, director, or proprietor of a person
                                or entity, but does not include--

                                            (A) independent contractors; or

                                            (B) volunteers who receive no
                                        financial or other compensation from
                                        the person or entity for their
                                        services.

                                (6) Foreign entity

    [[Page 703]]

                                    The term ``foreign entity'' means a
                                foreign principal (as defined in section
                                1(b) of the Foreign Agents Registration Act
                                of 1938 (22 U.S.C. 611(b)).

                                (7) Lobbying activities

                                    The term ``lobbying activities'' means
                                lobbying contacts and efforts in support of
                                such contacts, including preparation and
                                planning activities, research and other
                                background work that is intended, at the
                                time it is performed, for use in contacts,
                                and coordination with the lobbying
                                activities of others.

                                (8) Lobbying contact

                                    (A) Definition

                                            The term ``lobbying contact''
                                        means any oral or written
                                        communication (including an
                                        electronic communication) to a
                                        covered executive branch official or
                                        a covered legislative branch
                                        official that is made on behalf of a
                                        client with regard to--

                                                    (i) the formulation,
                                                modification, or adoption of
                                                Federal legislation
                                                (including legislative
                                                proposals);
                                                    (ii) the formulation,
                                                modification, or adoption of
                                                a Federal rule, regulation,
                                                Executive order, or any
                                                other program, policy, or
                                                position of the United
                                                States Government;
                                                    (iii) the administration
                                                or execution of a Federal
                                                program or policy (including
                                                the negotiation, award, or
                                                administration of a Federal
                                                contract, grant, loan,
                                                permit, or license); or
                                                    (iv) the nomination or
                                                confirmation of a person for
                                                a position subject to
                                                confirmation by the Senate.

                                    (B) Exceptions

                                            The term ``lobbying contact''
                                        does not include a communication
                                        that is--

                                                    (i) made by a public
                                                official acting in the
                                                public official's official
                                                capacity;
                                                    (ii) made by a
                                                representative of a media
                                                organization if the purpose
                                                of the communication is
                                                gathering and disseminating
                                                news and information to the
                                                public;
                                                    (iii) made in a speech,
                                                article, publication or
                                                other material that is
                                                distributed and made
                                                available to the public, or
                                                through radio, television,
                                                cable television, or other
                                                medium of mass
                                                communication;
                                                    (iv) made on behalf of a
                                                government of a foreign
                                                country or a foreign
                                                political party and
                                                disclosed under the Foreign
                                                Agents Registration Act of
                                                1938 (22 U.S.C. 611 et
                                                seq.);
                                                    (v) a request for a
                                                meeting, a request for the
                                                status of an action, or any
                                                other similar administrative
                                                request, if the request does
                                                not include an attempt to
                                                influence a covered
                                                executive branch official or
                                                a covered legislative branch
                                                official;
                                                    (vi) made in the course
                                                of participation in an
                                                advisory committee subject
                                                to the Federal Advisory
                                                Committee Act;
                                                    (vii) testimony given
                                                before a committee,
                                                subcommittee, or task force
                                                of the Congress, or
                                                submitted

    [[Page 704]]

                                                for inclusion in the public
                                                record of a hearing
                                                conducted by such committee,
                                                subcommittee, or task force;
                                                    (viii) information
                                                provided in writing in
                                                response to an oral or
                                                written request by a covered
                                                executive branch official or
                                                a covered legislative branch
                                                official for specific
                                                information;
                                                    (ix) required by
                                                subpoena, civil
                                                investigative demand, or
                                                otherwise compelled by
                                                statute, regulation, or
                                                other action of the Congress
                                                or an agency, including any
                                                communication compelled by a
                                                Federal contract, grant,
                                                loan, permit, or license;
                                                    (x) made in response to
                                                a notice in the Federal
                                                Register, Commerce Business
                                                Daily, or other similar
                                                publication soliciting
                                                communications from the
                                                public and directed to the
                                                agency official specifically
                                                designated in the notice to
                                                receive such communications;
                                                    (xi) not possible to
                                                report without disclosing
                                                information, the
                                                unauthorized disclosure of
                                                which is prohibited by law;
                                                    (xii) made to an
                                                official in an agency with
                                                regard to--
                                                      (I) a judicial
                                                proceeding or a criminal or
                                                civil law enforcement
                                                inquiry, investigation, or
                                                proceeding; or
                                                      (II) a filing or
                                                proceeding that the
                                                Government is specifically
                                                required by statute or
                                                regulation to maintain or
                                                conduct on a confidential
                                                basis, if that agency is
                                                charged with responsibility
                                                for such proceeding,
                                                inquiry, investigation, or
                                                filing
                                                    (xiii) made in
                                                compliance with written
                                                agency procedures regarding
                                                an adjudication conducted by
                                                the agency under section 554
                                                of title 5, or substantially
                                                similar provisions;
                                                    (xiv) a written comment
                                                filed in the course of a
                                                public proceeding or any
                                                other communication that is
                                                made on the record in a
                                                public proceeding;
                                                    (xv) a petition for
                                                agency action made in
                                                writing and required to be a
                                                matter of public record
                                                pursuant to established
                                                agency procedures;
                                                    (xvi) made on behalf of
                                                an individual with regard to
                                                that individual's benefits,
                                                employment, or other
                                                personal matters involving
                                                only that individual, except
                                                that this clause does not
                                                apply to any communication
                                                with--
                                                      (I) a covered
                                                executive branch official,
                                                or
                                                      (II) a covered
                                                legislative branch official
                                                (other than the individual's
                                                elected Members of Congress
                                                or employees who work under
                                                such Members' direct
                                                supervision), with respect
                                                to the formulation,
                                                modification, or adoption of
                                                private legislation for the
                                                relief of that individual;
                                                    (xvii) a disclosure by
                                                an individual that is
                                                protected under the
                                                amendments made by the
                                                Whistleblower Protection Act
                                                of 1989 [5 U.S.C. 1201 et
                                                seq.], under the Inspector
                                                General Act of 1978 [12
                                                U.S.C. 1811 et seq.], or
                                                under another provision of
                                                law;

    [[Page 705]]

                                                    (xviii) made by--
                                                      (I) a church, its
                                                integrated auxiliary, or a
                                                convention or association of
                                                churches that is exempt from
                                                filing a Federal income tax
                                                return under paragraph
                                                2(A)(i) of section 6033(a)
                                                of the Internal Revenue Code
                                                of 1986 [26 U.S.C. 6033(a)],
                                                or
                                                      (II) a religious order
                                                that is exempt from filing a
                                                Federal income tax return
                                                under paragraph (2)(A)(iii)
                                                of such section 6033(a); and
                                                    (xix) between--
                                                      (I) officials of a
                                                self-regulatory organization
                                                (as defined in section
                                                3(a)(26) of the Securities
                                                Exchange Act [15 U.S.C.
                                                78c(a)(26)]) that is
                                                registered with or
                                                established by the
                                                Securities and Exchange
                                                Commission as required by
                                                that Act or a similar
                                                organization that is
                                                designated by or registered
                                                with the Commodities Future
                                                Trading Commission as
                                                provided under the Commodity
                                                Exchange Act [7 U.S.C. 1 et
                                                seq.]; and
                                                      (II) the Securities
                                                and Exchange Commission or
                                                the Commodities Futures
                                                Trading Commission,
                                                respectively; relating to
                                                the regulatory
                                                responsibilities of such
                                                organization under that Act.

                                (9) Lobbying firm

                                    The term ``lobbying firm'' means a
                                person or entity that has 1 or more
                                employees who are lobbyists on behalf of a
                                client other than that person or entity. The
                                term also includes a self-employed
                                individual who is a lobbyist.

                                (10) Lobbyist

                                    The term ``lobbyist'' means any
                                individual who is employed or retained by a
                                client for financial or other compensation
                                for services that include more than one
                                lobbying contact, other than an individual
                                whose lobbying activities constitute less
                                than 20 percent of the time engaged in the
                                services provided by such individual to that
                                client over a 3-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--

    [[Page 706]]

                                            (A) a Federal, State, or local
                                        unit of government in the United
                                        States other than--

                                                    (i) a college or
                                                university;
                                                    (ii) a government-
                                                sponsored enterprise (as
                                                defined in section 3(8) of
                                                the Congressional Budget and
                                                Impoundment Control Act of
                                                1974 [2 U.S.C. 622(8)]);
                                                    (iii) a public utility
                                                that provides gas,
                                                electricity, water, or
                                                communications;
                                                    (iv) a guaranty agency
                                                (as defined in section
                                                435(j) of the Higher
                                                Education Act of 1965 (20
                                                U.S.C. 1085(j))), including
                                                any affiliate of such an
                                                agency; or
                                                    (v) an agency of any
                                                State functioning as a
                                                student loan secondary
                                                market pursuant to section
                                                435(d)(1)(F) of the Higher
                                                Education Act of 1965 (20
                                                U.S.C. 1085(d)(1)(F));

                                            (B) a Government corporation (as
                                        defined in section 9101 of title
                                        31);

                                            (C) an organization of State or
                                        local elected or appointed officials
                                        other than officials of an entity
                                        described in clause (i), (ii),
                                        (iii), (iv), or (v) of subparagraph
                                        (A);

                                            (D) an Indian tribe (as defined
                                        in section 4(e) of the Indian Self-
                                        Determination and Education
                                        Assistance Act (25 U.S.C. 450b(e));

                                            (E) a national or State
                                        political party or any
                                        organizational unit thereof; or

                                            (F) a national, regional, or
                                        local unit of any foreign
                                        government, or a group of
                                        governments acting together as an
                                        international organization.

                                (16) State

                                    The term ``State'' means each of the
                                several States, the District of Columbia,
                                and any commonwealth, territory, or
                                possession of the United States. (Pub.L.
                                104-65, Sec. 3, Dec. 19, 1995, 109 Stat.
                                691; Pub.L. 105-166, Sec. Sec. 2, 3, Apr. 6,
                                1998, 112 Stat. 38; Pub.L. 110-81, Title II,
                                Sec. 201(b)(1), Sept. 14, 2007, 121 Stat.
                                742.)

           822  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, or on the first business day after
                            such 45th day if the 45th day is not a business
                            day, such lobbyist (or, as provided under
                            paragraph (2), the organization employing such
                            lobbyist), shall register with the Secretary of
                            the Senate and the Clerk of the House of
                            Representatives.
                    (2) Employer filing
                                Any organization that has 1 or more
                            employees who are lobbyists shall file a single
                            registration under this section on behalf of
                            such employees for each client on whose behalf
                            the employees act as lobbyists.
                    (3) Exemption
                                (A) General rule

    [[Page 707]]

                                    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 $2,500; 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
                                        $10,000 (as estimated under section
                                        1604 of this title) in the quarterly
                                        period described in section 1604(a)
                                        of this title during which the
                                        registration would be made is not
                                        required to register under
                                        subsection (a) of this title with
                                        respect to such client.

                                (B) Adjustment

                                    The dollar amounts in subparagraph (A)
                                shall be adjusted--

                                            (i) on January 1, 1997, to
                                        reflect changes in the Consumer
                                        Price Index (as determined by the
                                        Secretary of Labor) since December
                                        19, 1995; and

                                            (ii) on January 1 of each fourth
                                        year occurring after January 1,
                                        1997, to reflect changes in the
                                        Consumer Price Index (as determined
                                        by the Secretary of Labor) during
                                        the preceding 4-year period,

                                rounded to the nearest $500.
                (b) Contents of registration
                    Each registration under this section shall contain--
                                (1) the name, address, business telephone
                            number, and principal place of business of the
                            registrant, and a general description of its
                            business or activities;
                                (2) the name, address, and principal place
                            of business of the registrant's client, and a
                            general description of its business or
                            activities (if different from paragraph (1));
                                (3) the name, address, and principal place
                            of business of any organization, other than the
                            client, that--

                                    (A) contributes more than $5,000 to the
                                registrant or the client in the quarterly
                                period to fund the lobbying activities of
                                the registrant; and

                                    (B) actively participates in the
                                planning, supervision, or control of such
                                lobbying activities;

                                (4) the name, address, principal place of
                            business, amount of any contribution of more
                            than $5,000 to the lobbying activities of the
                            registrant, and approximate percentage of
                            equitable ownership in the client (if any) of
                            any foreign entity that--

                                    (A) holds at least 20 percent equitable
                                ownership in the client or any organization
                                identified under paragraph (3);

                                    (B) directly or indirectly, in whole or
                                in major part, plans, supervises, controls,
                                directs, finances, or subsidizes the
                                activities of the client or any organization
                                identified under paragraph (3); or

                                    (C) is an affiliate of the client or any
                                organization identified under paragraph (3)
                                and has a direct interest in the outcome of
                                the lobbying activity;

                                (5) a statement of--

    [[Page 708]]

                                    (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 20 years
                            before the date on which such employee first
                            acted as a lobbyist on behalf of the client, the
                            position in which such employee served.
                                No disclosure is required under paragraph
                            (3)(B) if the organization that would be
                            identified as affiliated with the client is
                            listed on the client's publicly accessible
                            Internet website as being a member of or
                            contributor to the client, unless the
                            organization in whole or in major part plans,
                            supervises, or controls such lobbying
                            activities. If a registrant relies upon the
                            preceding sentence, the registrant must disclose
                            the specific Internet address of the web page
                            containing the information relied upon. Nothing
                            in paragraph (3)(B) shall be construed to
                            require the disclosure of any information about
                            individuals who are members of, or donors to, an
                            entity treated as a client by this chapter or an
                            organization identified under that paragraph.
                (c) Guidelines for registration
                    (1) Multiple clients
                                In the case of a registrant making lobbying
                            contacts on behalf of more than 1 client, a
                            separate registration under this section shall
                            be filed for each such client.
                    (2) Multiple contacts
                                A registrant who makes more than 1 lobbying
                            contact for the same client shall file a single
                            registration covering all such lobbying
                            contacts.
                (d) Termination of registration
                    A registrant who after registration--
                                (1) is no longer employed or retained by a
                            client to conduct lobbying activities, and
                                (2) does not anticipate any additional
                            lobbying activities for such client,

                may so notify the Secretary of the Senate and the Clerk of
                the House of Representatives and terminate its registration.
                (Pub.L. 104-65, Sec. 4, Dec. 19, 1995, 109 Stat. 696; Pub.L.
                110-81, Title II, Sec. Sec. 201(b)(2), (5), 207(a)(1), (b),
                208, Sept. 14, 2007, 121 Stat. 742, 747.)

           823  Sec. 1604. Reports by registered lobbyists.
                (a) Quarterly report
                    No later than 20 days after the end of the quarterly
                period beginning on the first day of January, April, July,
                and October of each year in which a registrant is registered
                under section 1603 of this title, or on the first business
                day after such 20th day if the 20th day is not a business
                day, each registrant shall file a report with the Secretary
                of the Senate and the Clerk of the House of Representatives
                on its

    [[Page 709]]

                lobbying activities during such quarterly period. A separate
                report shall be filed for each client of the registrant.
                (b) Contents of report
                    Each quarterly 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
                            including information under section 1603(b)(3)
                            of this title;
                                (2) for each general issue area in which the
                            registrant engaged in lobbying activities on
                            behalf of the client during the quarterly
                            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
                            quarterly 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
                            quarterly period.
                                (5) for each client, immediately after
                            listing the client, an identification of whether
                            the client is a State or local government or a
                            department, agency, special purpose district, or
                            other instrumentality controlled by one or more
                            State or local governments.
                (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 $5,000
                            shall be rounded to the nearest $10,000.
                                (2) In the event income or expenses do not
                            exceed $5,000, the registrant shall include a
                            statement that income or expenses totaled less
                            than $5,000 for the reporting period.
                (d) Semiannual reports on certain contributions
                    (1) In general
                                Not later than 30 days after the end of the
                            semiannual period beginning on the first day of
                            January and July of each year, or on the first
                            business day after such 30th day if the 30th day
                            is not a business day, each person or
                            organization who is registered or is required to
                            register under paragraph (1) or (2) of section

    [[Page 710]]

                            1603(a) of this title, and each employee who is
                            or is required to be listed as a lobbyist under
                            section 1603(b)(6) of this title or subsection
                            (b)(2)(C) of this section, shall file a report
                            with the Secretary of the Senate and the Clerk
                            of the House of Representatives containing--

                                    (A) the name of the person or
                                organization;

                                    (B) in the case of an employee, his or
                                her employer;

                                    (C) the names of all political
                                committees established or controlled by the
                                person or organization;

                                    (D) the name of each Federal candidate
                                or officeholder, leadership PAC, or
                                political party committee, to whom aggregate
                                contributions equal to or exceeding $200
                                were made by the person or organization, or
                                a political committee established or
                                controlled by the person or organization
                                within the semiannual period, and the date
                                and amount of each such contribution made
                                within the semiannual period;

                                    (E) the date, recipient, and amount of
                                funds contributed or disbursed during the
                                semiannual period by the person or
                                organization or a political committee
                                established or controlled by the person or
                                organization--

                                            (i) to pay the cost of an event
                                        to honor or recognize a covered
                                        legislative branch official or
                                        covered executive branch official;

                                            (ii) to an entity that is named
                                        for a covered legislative branch
                                        official, or to a person or entity
                                        in recognition of such official;

                                            (iii) to an entity established,
                                        financed, maintained, or controlled
                                        by a covered legislative branch
                                        official or covered executive branch
                                        official, or an entity designated by
                                        such official; or

                                            (iv) to pay the costs of a
                                        meeting, retreat, conference, or
                                        other similar event held by, or in
                                        the name of, 1 or more covered
                                        legislative branch officials or
                                        covered executive branch officials,

                        except that this subparagraph shall not apply if the
                        funds are provided to a person who is required to
                        report the receipt of the funds under section 434 of
                        this title;

                                    (F) the name of each Presidential
                                library foundation, and each Presidential
                                inaugural committee, to whom contributions
                                equal to or exceeding $200 were made by the
                                person or organization, or a political
                                committee established or controlled by the
                                person or organization, within the
                                semiannual period, and the date and amount
                                of each such contribution within the
                                semiannual period; and

                                    (G) a certification by the person or
                                organization filing the report that the
                                person or organization--

                                            (i) has read and is familiar
                                        with those provisions of the
                                        Standing Rules of the Senate and the
                                        Rules of the House of
                                        Representatives relating to the
                                        provision of gifts and travel; and

                                            (ii) has not provided,
                                        requested, or directed a gift,
                                        including travel, to a Member of
                                        Congress or an officer or employee
                                        of either House of Congress with
                                        knowledge that

    [[Page 711]]

                                        receipt of the gift would violate
                                        rule XXXV of the Standing Rules of
                                        the Senate or rule XXV of the Rules
                                        of the House of Representatives.

                    (2) Definition
                                In this subsection, the term ``leadership
                            PAC'' has the meaning given such term in section
                            434(i)(8)(B) of this title.
                (e) Electronic filing required
                    A report required to be filed under this section shall
                be filed in electronic form, in addition to any other form
                that the Secretary of the Senate or the Clerk of the House
                of Representatives may require or allow. The Secretary of
                the Senate and the Clerk of the House of Representatives
                shall use the same electronic software for receipt and
                recording of filings under this chapter. (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; Pub.L. 110-81, Title
                II, Sec. Sec. 201(a), (b)(6), 202, 203(a), 205, 207(a)(2),
                Sept. 14, 2007, 121 Stat. 741, 746, 747.)
           824  Sec. 1605. Disclosure and enforcement.
                (a) In general
                    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 and, in the
                            case of a report filed in electronic form under
                            section 1604(e) of this title, make such report
                            available for public inspection over the
                            Internet as soon as technically practicable
                            after the report is so filed;
                                (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 quarterly 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;
                                (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

    [[Page 712]]

                            failed to provide an appropriate response within
                            60 days after notice was given under paragraph
                            (7);
                                (9) maintain all registrations and reports
                            filed under this chapter, and make them
                            available to the public over the Internet,
                            without a fee or other access charge, in a
                            searchable, sortable, and downloadable manner,
                            to the extent technically practicable, that--

                                    (A) includes the information contained
                                in the registrations and reports;

                                    (B) is searchable and sortable to the
                                maximum extent practicable, including
                                searchable and sortable by each of the
                                categories of information described in
                                section 1603(b) or 1604(b) of this title;
                                and

                                    (C) provides electronic links or other
                                appropriate mechanisms to allow users to
                                obtain relevant information in the database
                                of the Federal Election Commission;

                                (10) retain the information contained in a
                            registration or report filed under this chapter
                            for a period of 6 years after the registration
                            or report (as the case may be) is filed; and
                                (11) make publicly available, on a
                            semiannual basis, the aggregate number of
                            registrants referred to the United States
                            Attorney for the District of Columbia for
                            noncompliance as required by paragraph (8).
                (b) Enforcement report
                    (1) Report
                                The Attorney General shall report to the
                            congressional committees referred to in
                            paragraph (2), after the end of each semiannual
                            period beginning on January 1 and July 1, the
                            aggregate number of enforcement actions taken by
                            the Department of Justice under this chapter
                            during that semiannual period and, by case, any
                            sentences imposed, except that such report shall
                            not include the names of individuals, or
                            personally identifiable information, that is not
                            already a matter of public record.
                    (2) Committees
                                The congressional committees referred to in
                            paragraph (1) are the Committee on Homeland
                            Security and Governmental Affairs and the
                            Committee on the Judiciary of the Senate and the
                            Committee on the Judiciary of the House of
                            Representatives. (Pub.L. 104-65, Sec. 6, Dec.
                            19, 1995, 109 Stat. 698; Pub.L. 110-81, Title
                            II, Sec.  Sec. 201(b)(3), 209(a), (b), 210,
                            Sept. 14, 2007, 121 Stat. 742, 748.)
           825  Sec. 1606. Penalties.
                (a) Civil penalty
                    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 $200,000, depending on the extent and gravity
                of the violation.

    [[Page 713]]

                (b) Criminal penalty
                    Whoever knowingly and corruptly fails to comply with any
                provision of this chapter shall be imprisoned for not more
                than 5 years or fined under Title 18, or both. (Pub.L. 104-
                65, Sec. 7, Dec. 19, 1995, 109 Stat. 699; Pub.L. 110-81,
                Title II, Sec. 211(a), Sept. 14, 2007, 121 Stat. 749.)
           826  Sec. 1607. Rules of construction.
                (a) Constitutional rights
                    Nothing in this chapter shall be construed to prohibit
                or interfere with--
                                (1) the right to petition the Government for
                            the redress of grievances;
                                (2) the right to express a personal opinion;
                            or
                                (3) the right of association,

                protected by the first amendment to the Constitution.

                (b) Prohibition of activities
                    Nothing in this chapter shall be construed to prohibit,
                or to authorize any court to prohibit, lobbying activities
                or lobbying contacts by any person or entity, regardless of
                whether such person or entity is in compliance with the
                requirements of this chapter.
                (c) Audit and investigations
                    Nothing in this chapter shall be construed to grant
                general audit or investigative authority to the Secretary of
                the Senate or the Clerk of the House of Representatives.
                (Pub.L. 104-65, Sec. 8, Dec. 19, 1995, 109 Stat. 699.)
           827  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.)
           828  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
                            consid

    [[Page 714]]

                            ered 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.)
           829  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 quarterly 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 quarterly 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--

    [[Page 715]]

                                (1) inform the Secretary of the Senate and
                            the Clerk of the House of Representatives that
                            the registrant has elected to make its estimates
                            under such procedures; and
                                (2) make all such estimates, in a given
                            calendar year, under such procedures.
                (d) Study
                    Not later than March 31, 1997, the Comptroller General
                of the United States shall review reporting by registrants
                under subsections (a) and (b) of this section and report to
                the Congress--
                                (1) the differences between the definition
                            of ``lobbying activities'' in section 1602(7) of
                            this title and the definitions of ``lobbying
                            expenditures'', ``influencing legislation'', and
                            related terms in sections 162(e) and 4911 of
                            title 26, as each are implemented by
                            regulations;
                                (2) the impact that any such differences may
                            have on filing and reporting under this chapter
                            pursuant to this subsection; and
                                (3) any changes to this chapter to the
                            appropriate sections of title 26 that the
                            Comptroller General may recommend to harmonize
                            the definitions. (Pub.L. 104-65, Sec. 15, Dec.
                            19, 1995, 109 Stat. 702; Pub.L. 105-166,
                            Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38;
                            Pub.L. 110-81, Title II, Sec. 201(b)(4), Sept.
                            14, 2007, 121 Stat. 742.)
           830  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.)
           831  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.)
           832  Sec. 1613. Prohibition on provision of gifts or travel by
                    registered lobbyists to Members of Congress and to
                    congressional employees.
                (a) Prohibition
                    Any person described in subsection (b) may not make a
                gift or provide travel to a covered legislative branch
                official if the person has knowledge that the gift or travel
                may not be accepted by that covered legislative branch
                official under the Rules of the House of Representatives or
                the Standing Rules of the Senate (as the case may be).
                (b) Persons subject to prohibition
                    The persons subject to the prohibition under subsection
                (a) are any lobbyist that is registered or is required to
                register under section 4(a)(1), any organization that
                employs 1 or more lobbyists and is registered or is required
                to register under section 4(a)(2), and any employee listed

    [[Page 716]]

                or required to be listed as a lobbyist by a registrant under
                section 4(b)(6) or 5(b)(2)(C). (Pub.L. 104-65, Sec. 25, as
                added Pub.L. 110-81, Title II, Sec. 206(a), Sept. 14, 2007,
                121 Stat. 747.)
           833  Sec. 1614. Annual audits and reports by Comptroller General.
                (a) Audit
                    On an annual basis, the Comptroller General shall audit
                the extent of compliance or noncompliance with the
                requirements of this Act by lobbyists, lobbying firms, and
                registrants through a random sampling of publicly available
                lobbying registrations and reports filed under this Act
                during each calendar year.
                (b) Reports to Congress
                    (1) Annual Reports.--Not later than April 1 of each
                year, the Comptroller General shall submit to the Congress a
                report on the review required by subsection (a) for the
                preceding calendar year. The report shall include the
                Comptroller General's assessment of the matters required to
                be emphasized by that subsection and any recommendations of
                the Comptroller General to--
                                (A) improve the compliance by lobbyists,
                            lobbying firms, and registrants with the
                            requirements of this Act; and
                                (B) provide the Department of Justice with
                            the resources and authorities needed for the
                            effective enforcement of this Act.
                    (2) Assessment of Compliance.--The annual report under
                paragraph (1) shall include an assessment of compliance by
                registrants with the requirements of section 4(b)(3).
                (c) Access to information
                    The Comptroller General may, in carrying out this
                section, request information from and access to any relevant
                documents from any person registered under paragraph (1) or
                (2) of section 4(a) and each employee who is listed as a
                lobbyist under section 4(b)(6) or section 5(b)(2)(C) if the
                material requested relates to the purposes of this section.
                The Comptroller General may request such person to submit in
                writing such information as the Comptroller General may
                prescribe. The Comptroller General may notify the Congress
                in writing if a person from whom information has been
                requested under this subsection refuses to comply with the
                request within 45 days after the request is made. (Pub.L.
                104-65, Sec. 26, as added Pub.L. 110-81, Title II,
                Sec. 213(a), Sept. 14, 2007, 121 Stat. 750.)

                            Chapter 28.--ARCHITECT OF THE CAPITOL

                                   Subchapter I.--General

           834  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,

    [[Page 717]]

                                (C) the majority and minority leaders of the
                            House of Representatives and the Senate, and
                                (D) the chairmen and the ranking minority
                            members of the Committee on House Oversight of
                            the House of Representatives, the Committee on
                            Rules Administration of the Senate, the
                            Committee on Appropriations of the House of
                            Representatives, and the Committee on
                            Appropriations of the Senate.

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

                    (3) An individual appointed Architect of the Capitol
                under paragraph (1) shall be eligible for reappointment to
                such office.
                    (b) Subsection (a) of this section shall be effective in
                the case of appointments made to fill vacancies in the
                office of Architect of the Capitol which occur on or after
                November 21, 1989. If no such vacancy occurs within the six-
                year period which begins on November 21, 1989, no individual
                may, after the expiration of such period, hold such office
                unless the individual is appointed in accordance with
                subsection (a). (Pub.L. 101-163, Title III, Sec. 319, Nov.
                21, 1989, 103 Stat. 1068; Pub.L. 104-19, Sec. 701, July 27,
                1995, 109 Stat. 220.)
           835  Sec. 1802. Compensation of Architect of the Capitol.
                    The compensation of the Architect of the Capitol shall
                be at an annual rate which is equal to the lesser of the
                annual salary for the Sergeant at Arms of the House of
                Representatives or the annual salary for the Sergeant at
                Arms and Doorkeeper of the Senate. (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; Pub.L. 107-68, Title I,
                Sec. 129(a), Nov. 12, 2001, 115 Stat. 579.)
           836  Sec. 1803. Delegation of authority by Architect of the
                    Capitol.
                    The Architect of the Capitol may delegate to the
                assistants of the Architect such authority of the Architect
                as the Architect may determine proper, except those
                authorities, duties, and responsibilities specifically
                assigned to the Deputy Architect of the Capitol by the
                Legislative Branch Appropriations Act, 2003. (Aug. 5, 1955,
                ch. 568, 69 Stat. 515; Feb. 20, 2003, Pub.L. 108-7, Div. H,
                Title I, Sec. 1205, 117 Stat. 375.)
           837  Sec. 1804. Deputy Architect of the Capitol to act in case of
                    absence, disability, or vacancy.
                    On and after August 18, 1970, the Deputy 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; Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I,
                Sec. 1204, 117 Stat. 374.)
           838  Sec. 1805. Deputy Architect of the Capitol/Chief Operating
                    Officer.
                (a) Establishment of Deputy Architect of the Capitol
                    There shall be a Deputy Architect of the Capitol who
                shall serve as the Chief Operating Officer of the Office of
                the Architect of the Capitol. The Deputy Architect of the
                Capitol shall be appointed by the

    [[Page 718]]

                Architect of the Capitol and shall report directly to the
                Architect of the Capitol and shall be subject to the
                authority of the Architect of the Capitol. The Architect of
                the Capitol shall appoint the Deputy Architect of the
                Capitol not later than 180 days after February 20, 2003. The
                Architect of the Capitol shall consult with the Comptroller
                General or his designee before making the appointment.
                (b) Qualifications
                    The Deputy Architect of the Capitol shall have strong
                leadership skills and demonstrated ability in management,
                including in such areas as strategic planning, performance
                management, worker safety, customer satisfaction, and
                service quality.
                (c) Responsibilities
                    (1) In general
                                The Deputy Architect of the Capitol shall be
                            responsible to the Architect of the Capitol for
                            the overall direction, operation, and management
                            of the Office of the Architect of the Capitol,
                            including implementing the Office's goals and
                            mission; providing overall organization
                            management to improve the Office's performance;
                            and assisting the Architect of the Capitol in
                            promoting reform, and measuring results.
                    (2) Responsibilities
                                The Deputy Architect's responsibilities
                            include--

                                    (A) developing, implementing, annually
                                updating, and maintaining a long-term
                                strategic plan covering a period of not less
                                than 5 years for the Office of the Architect
                                of the Capitol;

                                    (B) developing and implementing an
                                annual performance plan that includes annual
                                performance goals covering each of the
                                general goals and objectives in the
                                strategic plan and including to the extent
                                practicable quantifiable performance
                                measures for the annual goals;

                                    (C) proposing organizational changes and
                                staffing needed to carry out the Office of
                                the Architect of the Capitol's mission and
                                strategic and annual performance goals; and

                                    (D) reviewing and directing the
                                operational functions of the Office of the
                                Architect of the Capitol.

                (d) Additional responsibilities
                    The Architect of the Capitol may delegate to the Deputy
                Architect such additional duties as the Architect determines
                are necessary or appropriate.
                (e) Action plan
                    (1) In general
                                No later than 90 days after the appointment,
                            the Deputy Architect shall prepare and submit to
                            the Committees on Appropriations of the House of
                            Representatives and Senate and the Committee on
                            Rules and Administration of the Senate, an
                            action plan describing the policies, procedures,
                            and actions the Deputy Architect will implement
                            and timeframes for carrying out the
                            responsibilities under this section.
                    (2) Action plan
                                The action plan shall be--

    [[Page 719]]

                                    (A) approved and signed by both the
                                Architect of the Capitol and the Deputy
                                Architect; and

                                    (B) developed concurrently and
                                consistent with the development of a
                                strategic plan.

                    (3) Additional senior positions
                                Notwithstanding section 1849(a) of this
                            title, as amended by section 129(c) of the
                            Legislative Branch Appropriations Act, 2002, the
                            Architect of the Capitol may fix the rate of
                            basic pay for not more than 3 additional
                            positions at a rate not to exceed the highest
                            total rate of pay for the Senior Executive
                            Service under subchapter VIII of chapter 53 of
                            title 5, for the locality involved.
                (f) Evaluation
                    The Government Accountability Office shall evaluate
                annually the implementation of the action plan and provide
                the results of the evaluation to the Architect of the
                Capitol, the Committees on Appropriations of the House of
                Representatives and Senate and the Committee on Rules and
                Administration of the Senate.
                (g) Removal
                    The Deputy Architect of the Capitol may be removed by
                the Architect of the Capitol for misconduct or failure to
                meet performance goals set forth in the performance
                agreement in subsection (i) of this section. Upon the
                removal of the Deputy Architect of the Capitol, the
                Architect of the Capitol shall immediately notify in writing
                the Committees on Appropriations of the House of
                Representatives and Senate, and the Committee on Rules and
                Administration of the Senate, stating the specific reasons
                for the removal.
                (h) Compensation
                    The Deputy Architect of the Capitol shall be paid at an
                annual rate of pay to be determined by the Architect but not
                to exceed $1,500 less than the annual rate of pay for the
                Architect of the Capitol.
                (i) Annual performance report
                    The Deputy Architect of the Capitol shall prepare and
                transmit to the Architect of the Capitol an annual
                performance report. This report shall contain an evaluation
                of the extent to which the Office of the Architect of the
                Capitol met its goals and objectives.
                (j) Termination of role
                    As of October 1, 2006, the role of the Comptroller
                General and the Government Accountability Office, as
                established by this section, will cease. (Pub.L. 108-7, Div.
                H, Title I, Sec. 1203, Feb. 20, 2003, 117 Stat. 373; Pub.L.
                108-11, Title II, Sec. 2601(a), Apr. 16, 2003, 117 Stat.
                599; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat.
                814.)
           839  Sec. 1806. Chief Executive Officer for Visitor Services.\1\
                    (a) There is established in the Office of the Architect
                of the Capitol the position of Chief Executive Officer for
                Visitor Services (in this section referred to as the ``Chief
                Executive Officer''), who shall be appointed by the
                Architect of the Capitol.
                    \1\ Editorially supplied.

    [[Page 720]]

                    (b) The Chief Executive Officer shall be responsible for
                the operation and management of the Capitol Visitor Center,
                subject to the direction of the Architect of the Capitol. In
                carrying out these responsibilities, the Chief Executive
                Officer shall report directly to the Architect of the
                Capitol and shall be subject to policy review and oversight
                by the Committee on Rules and Administration of the Senate
                and the Committee on House Administration of the House of
                Representatives.
                    (c) The Chief Executive Officer shall be paid at an
                annual rate equal to the annual rate of pay for the Chief
                Operating Officer of the Office of the Architect of the
                Capitol.
                    (d) This section shall apply with respect to fiscal year
                2007 and each succeeding fiscal year. (Pub.L. 110-28, Title
                VI, Sec. 6701, May 25, 2007, 121 Stat. 182.)
           840  Sec. 1807. Assistant to the Chief Executive Officer for
                    Visitor Services.
                (a) Definition
                    In this section the term ``Chief Executive Officer''
                means the Chief Executive Officer for Visitor Services
                established under section 1806 of this title.
                (b) Assistant to the Chief Executive Officer
                    The Architect of the Capitol shall--
                                (1) after consultation with the Chief
                            Executive Officer, appoint an assistant to
                            perform the responsibilities of the Chief
                            Executive Officer during the absence or
                            disability of the Chief Executive Officer, or
                            during a vacancy in the position of the Chief
                            Executive Officer; and
                                (2) fix the rate of basic pay for the
                            position of the assistant appointed under
                            paragraph (1) at a rate not to exceed the
                            highest total rate of pay for the Senior
                            Executive Service under subchapter VIII of
                            chapter 53 of title 5, United States Code, for
                            the locality involved.
                (c) Effective date
                    This section shall apply to fiscal year 2008 and each
                fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I,
                Sec. 1309, Dec. 26, 2007, 121 Stat. 2244.)
           841  Sec. 1808. Inspector General of the Architect of the
                    Capitol.
                (a) Short title
                    This section may be cited as the ``Architect of the
                Capitol Inspector General Act of 2007''.
                (b) Office of Inspector General
                    There is an Office of Inspector General within the
                Office of the Architect of the Capitol which is an
                independent objective office to--
                                (1) conduct and supervise audits and
                            investigations relating to the Architect of the
                            Capitol;
                                (2) provide leadership and coordination and
                            recommend policies to promote economy,
                            efficiency, and effectiveness; and
                                (3) provide a means of keeping the Architect
                            of the Capitol and the Congress fully and
                            currently informed about problems and defi

    [[Page 721]]

                            ciencies relating to the administration of
                            programs and operations of the Architect of the
                            Capitol.
                (c) Appointment of Inspector General; supervision; removal
                     (1) Appointment and supervision
                                (A) In general

                                    There shall be at the head of the Office
                                of Inspector General, an Inspector General
                                who shall be appointed by the Architect of
                                the Capitol, in consultation with the
                                Inspectors General of the Library of
                                Congress, Government Printing Office,
                                Government Accountability Office, and United
                                States Capitol Police. The appointment shall
                                be made without regard to political
                                affiliation and solely on the basis of
                                integrity and demonstrated ability in
                                accounting, auditing, financial analysis,
                                law, management analysis, public
                                administration, or investigations. The
                                Inspector General shall report to, and be
                                under the general supervision of, the
                                Architect of the Capitol.

                                (B) Audits, investigations, reports, and
                            other duties and responsibilities

                                     The Architect of the Capitol shall have
                                no authority to prevent or prohibit the
                                Inspector General from--

                                            (i) initiating, carrying out, or
                                        completing any audit or
                                        investigation;

                                            (ii) issuing any subpoena during
                                        the course of any audit or
                                        investigation;

                                            (iii) issuing any report; or

                                            (iv) carrying out any other duty
                                        or responsibility of the Inspector
                                        General under this section.

                    (2) Removal
                                The Inspector General may be removed from
                            office by the Architect of the Capitol. The
                            Architect of the Capitol shall, promptly upon
                            such removal, communicate in writing the reasons
                            for any such removal to each House of Congress.
                    (3) Compensation
                                The Inspector General shall be paid at an
                            annual rate of pay equal to $1,500 less than the
                            annual rate of pay of the Architect of the
                            Capitol.
                (d) Duties, responsibilities, authority, and reports
                    (1) In general
                                Sections 4, 5 (other than subsections
                            (a)(13) and (e)(1)(B) thereof), 6 (other than
                            subsection (a)(7) and (8) thereof), and 7 of the
                            Inspector General Act of 1978 (5 U.S.C. App.)
                            shall apply to the Inspector General of the
                            Architect of the Capitol and the Office of such
                            Inspector General and such sections shall be
                            applied to the Office of the Architect of the
                            Capitol and the Architect of the Capitol by
                            substituting--

                                    (A) ``Office of the Architect of the
                                Capitol'' for ``establishment''; and

                                    (B) ``Architect of the Capitol'' for
                                ``head of the establishment''.

                    (2) Employees
                                The Inspector General, in carrying out this
                            section, is authorized to select, appoint, and
                            employ such officers and employees (including
                            consultants) as may be necessary for carrying
                            out the functions,

    [[Page 722]]

                            powers, and duties of the Office of Inspector
                            General subject to the provisions of law
                            governing selections, appointments, and
                            employment in the Office of the Architect of the
                            Capitol.
                (e) Transfers
                    All functions, personnel, and budget resources of the
                Office of the Inspector General of the Architect of the
                Capitol as in effect before the effective date of this
                section are transferred to the Office of Inspector General
                described under subsection (b) of this section.
                (f) References
                    References in any other Federal law, Executive order,
                rule, regulation, or delegation of authority, or any
                document of or relating to the Inspector General of the
                Architect of the Capitol shall be deemed to refer to the
                Inspector General as set forth under this section.
                (g) First appointment
                    By the date occurring 180 days after December 26, 2007,
                the Architect of the Capitol shall appoint an individual to
                the position of Inspector General of the Architect of the
                Capitol described under subparagraph (A) of subsection
                (c)(1) of this section in accordance with that subparagraph.
                (h) Effective date
                    (1) In general
                                Except as provided under paragraph (2), this
                            section shall take effect 180 days after
                            December 26, 2007 and apply with respect to
                            fiscal year 2008 and each fiscal year
                            thereafter.
                    (2) First appointment
                                Subsection (g) of this section shall take
                            effect on December 26, 2007 and the Architect of
                            the Capitol shall take such actions as necessary
                            after December 26, 2007 to carry out that
                            subsection. (Pub.L. 110-161, Div. H, Title I,
                            Sec. 1301, Dec. 26, 2007, 121 Stat. 2240.)

                              Subchapter II.--Powers and Duties

           842  Sec. 1811. 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, c. 287, 19 Stat. 147; Feb. 14, 1902, c. 17,
                32 Stat. 20; Mar. 3, 1921, c. 124, 41 Stat. 1291.)
                NOTE:
                    Recyclable Materials; Collection, Sale, Revolving Fund
                    Pub.L. 111-8, Div. G, Title I, Sec.  1101, Mar. 11,
                2009, 123 Stat. 822, provided that:
                (a) Collection and sale of recyclable materials.--
                                ``(1) Establishment of program.--The
                            Architect of the Capitol shall establish a
                            program for the collection and sale of
                            recyclable mate

    [[Page 723]]

                            rials collected from or on the Capitol buildings
                            and grounds, in accordance with the procedures
                            applicable under subchapter III of chapter 5 of
                            subtitle I of title 40, United States Code [40
                            U.S.C.A. Sec.  541 et seq.] to the sale of
                            surplus property by an executive agency.
                ``(2) Exclusion of materials subject to other programs.--The
                    program established under this section shall not apply
                    with respect to any materials which are subject to
                    collection and sale under--

                                    ``(A) the third undesignated paragraph
                                under the center heading `MISCELLANEOUS' in
                                the first section of the Act entitled `An
                                Act making appropriations for sundry civil
                                expenses of the government for the fiscal
                                year ending June thirtieth, eighteen hundred
                                and eighty-three, and for other purposes',
                                approved August 7, 1882 (2 U.S.C. 117);

                                    ``(B) section 104(a) of the Legislative
                                Branch Appropriations Act, 1987 (as enacted
                                by reference in identical form by section
                                101(j) of Public Law 99-500 and Public Law
                                99-591) (2 U.S.C. 117e);

                                    ``(C) the Senate waste recycling program
                                referred to in section 4 of the Legislative
                                Branch Appropriations Act, 2001 (2 U.S.C.
                                121f); or

                                    ``(D) any other authorized program for
                                the collection and sale of recyclable
                                materials.

                ``(b) Revolving fund.--
                                ``(1) In general.--There is established in
                            the Treasury a revolving fund for the Office of
                            the Architect of the Capitol, which shall
                            consist of--

                                    ``(A) proceeds from the sale of
                                recyclable materials under the program
                                established under this section; and

                                    ``(B) such amounts as may be
                                appropriated under law.

                ``(2) Use of fund.--Amounts in the revolving fund
                    established under paragraph (1) shall be available
                    without fiscal year limitation to the Architect of the
                    Capitol, subject to the Architect providing prior notice
                    to the Committees on Appropriations of the House of
                    Representatives and Senate--

                                    ``(A) to carry out the program
                                established under this section;

                                    ``(B) to carry out authorized programs
                                and activities of the Architect to improve
                                the environment; and

                                    ``(C) to carry out authorized programs
                                and activities of the Architect to promote
                                energy savings.''

                ``(c) Effective date.--This section shall apply with respect
                    to each of the fiscal years 2009 through 2013.''
                    Acquisition of Property by Architect of the Capitol
                    Pub.L. 107-68, Title I, Sec.  128, Nov. 12, 2001, 115
                Stat. 579, provided that: ``Notwithstanding any other
                provision of law and subject to the availability of
                appropriations, the Architect of the Capitol is authorized
                to secure, through multi-year rental, lease, or other
                appropriate agreement, the property located at 67 K Street,
                S.W., Washington, D.C., for use of Legislative Branch
                agencies, and to incur any necessary incidental expenses
                including maintenance, alterations, and repairs in
                connection therewith: Provided, That in connection with the
                property re

    [[Page 724]]

                ferred to under the preceding proviso, the Architect of the
                Capitol is authorized to expend funds appropriated to the
                Architect of the Capitol for the purpose of the operations
                and support of Legislative Branch agencies, including the
                United States Capitol Police, as may be required for that
                purpose.''
           843  Sec. 1812. Care and superintendence 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.)
           844  Sec. 1813. Exterior of Capitol.
                    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.)
           845  Sec. 1814. Repairs of Capitol.
                    All improvements, alterations, additions, and repairs of
                the Capitol Building shall be made by the direction and
                under the supervision of the Architect of the Capitol. (R.S.
                Sec. 1816; Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20; Mar.
                3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Oct. 31, 1951, ch.
                654, Sec. 3(15), 65 Stat. 708.)
                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

    [[Page 725]]

                House Office Buildings, and the Capitol Grounds, in
                accordance with subsection (b).
                    ``(b) Program--
                            ``(1) Lighting--

    ``(A) Implementation--

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

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

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

                            ``(2) Evaluation and report--

    ``(A) In general.--Not later than 6 months after the date of the enactment
    of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of
    the House of Representatives and the President pro tempore of the Senate a
    report evaluating potential energy conservation measures for each building
    described in subsection (a) in the areas of heating, ventilation, air
    conditioning equipment, insulation, windows, domestic hot water, food
    service equipment, and automatic control equipment.

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

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

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

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

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

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

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

                            ``(5) Use of savings.--The Architect shall use
                        an amount equal to the rebate or other savings from
                        the financial incentive programs under paragraph
                        (4)(A), without additional authorization or
                        appropriation, for the implementation of 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.)

    [[Page 726]]

           846  Sec. 1816. Construction contracts.
                (a) Liquidated damages
                    The Architect of the Capitol may not enter into or
                administer any construction contract with a value greater
                than $50,000 unless the contract includes a provision
                requiring the payment of liquidated damages in the amount
                determined under subsection (b) of this section in the event
                that completion of the project is delayed because of the
                contractor.
                (b) Amount of payment
                    The amount of payment required under a liquidated
                damages provision described in subsection (a) of this
                section shall be equal to the product of--
                                (1) the daily liquidated damage payment
                            rate; and
                                (2) the number of days by which the
                            completion of the project is delayed.
                (c) Daily liquidated damage payment rate
                    (1) In general
                                In subsection (b) of this section, the
                            ``daily liquidated damage payment rate'' means--

                                    (A) $140, in the case of a contract with
                                a value greater than $50,000 and less than
                                $100,000;

                                    (B) $200, in the case of a contract with
                                a value equal to or greater than $100,000
                                and equal to or less than $500,000; and

                                    (C) the sum of $200 plus $50 for each
                                $100,000 increment by which the value of the
                                contract exceeds $500,000, in the case of a
                                contract with a value greater than $500,000.

                    (2) Adjustment in rate permitted
                                Notwithstanding paragraph (1), the daily
                            liquidated damage payment rate may be adjusted
                            by the contracting officer involved to a rate
                            greater or lesser than the rate described in
                            such paragraph if the contracting officer makes
                            a written determination that the rate described
                            does not accurately reflect the anticipated
                            damages which will be suffered by the United
                            States as a result of the delay in the
                            completion of the contract.
                (d) Effective date
                    This section shall apply with respect to contracts
                entered into during fiscal year 2002 or any succeeding
                fiscal year. (Pub.L. 107-68, Title I, Sec. 130, Nov. 12,
                2001, 115 Stat. 580.)
           847  Sec. 1816a. Design-build contracts.
                    (a) Notwithstanding any other provision of law, the
                Architect of the Capitol may use the two-phase selection
                procedures authorized in section 253m of Title 41 for
                entering into a contract for the design and construction of
                a public building, facility, or work in the same manner and
                under the same terms and conditions as the head of executive
                agency under such section.
                    (b) This section shall apply with respect to fiscal year
                2008 and each succeeding fiscal year. (Pub.L. 110-161, Div.
                H, Title I, Sec. 1308, Dec. 26, 2007, 121 Stat. 2244.)

    [[Page 727]]

           848  Sec. 1817. Transfer of discontinued apparatus to other
                    branches.
                    The Architect of the Capitol may transfer apparatus,
                appliances, equipments, and supplies of any kind,
                discontinued or permanently out of service, to other
                branches of the service of the United States, or District of
                Columbia, whenever, in his judgment the interests of the
                Government service may require it. (June 26, 1912, c. 182,
                Sec. 11, 37 Stat. 184; Mar. 3, 1921, c. 124, Sec. 1, 41
                Stat. 1291; May 29, 1928, c. 901, Sec. 1(120), 45 Stat. 995;
                Oct. 31, 1951, c. 654, Sec. 3(17), 65 Stat. 708.)
           849  Sec. 1817a. Disposition of surplus or obsolete personal
                    property.
                (a) In general
                    The Architect of the Capitol 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
                Architect of the Capitol 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 received
                and the following fiscal year.
                (b) Effective date
                    This section shall apply with respect to fiscal year
                2010, and each fiscal year thereafter. (Pub.L. 111-68, Div.
                A, Title I, Sec.  1301, Oct. 1, 2009, 123 Stat. 2034.)
           850  Sec. 1818. Rental or lease of storage space.
                    Notwithstanding any other provision of law, the
                Architect of the Capitol, with the approval of the House
                Office Building Commission and Senate Committee on Rules and
                Administration, is authorized to secure, through rental,
                lease, or other appropriate agreement, storage space in
                areas within the District of Columbia and its environs
                beyond the boundaries of the United States Capitol Grounds
                for use of the United States Senate, the United States House
                of Representatives, and the Office of the Architect of the
                Capitol, under such terms and conditions as such Commission
                and committee may authorize, and to incur any necessary
                incidental expenses in connection therewith. (Pub.L. 93-180,
                Sec. 1, Dec. 13, 1973, 87 Stat. 704.)
           851  Sec. 1819. Computer backup facilities for legislative
                    offices.
                (a) Acquisition of buildings and facilities
                    The Architect of the Capitol is authorized, subject to
                the availability of appropriations, to acquire (through
                purchase, lease, or otherwise) buildings and facilities for
                use as computer backup facilities (and related uses) for
                offices in the legislative branch.
                (b) Acquisition subject to approval
                    The acquisition of a building or facility under
                subsection (a) of this section shall be subject to the
                approval of--
                                (1) the House Office Building Commission, in
                            the case of a building or facility acquired for
                            the use of an office of the House of
                            Representatives;
                                (2) the Committee on Rules and
                            Administration of the Senate, in the case of a
                            building or facility acquired for the use of an
                            office of the Senate; or

    [[Page 728]]

                                (3) the House Office Building Commission in
                            the case of a building or facility acquired for
                            the use of any other office in the legislative
                            branch as part of a joint facility with (1)
                            above, or the Committee on Rules and
                            Administration of the Senate, in the case of a
                            building or facility acquired for the use of any
                            other office in the legislative branch as part
                            of a joint facility with (2) above.
                (c) United States Capitol grounds provisions applicable
                    Any building or facility acquired by the Architect of
                the Capitol pursuant to subsection (a) of this section shall
                be a part of the United States Capitol Grounds and shall be
                subject to the provisions of sections 1922, 1961, 1966,
                1967, and 1969 of this title and sections 5101 to 5107 and
                5109 of Title 40.
                    (d) In the case of a building or facility acquired
                through purchase pursuant to subsection (a) of this section,
                the Architect of the Capitol may enter into or assume a
                lease with another person for the use of any portion of the
                building or facility that the Architect of the Capitol
                determines is not required to be used to carry out the
                purposes of this section, subject to the approval of the
                entity which approved the acquisition of such building or
                facility under subsection (b) of this section.
                (e) Effective date
                    This section shall apply with respect to fiscal year
                2002 and each succeeding fiscal year. (Pub.L. 107-206, Title
                I, Sec.  905, Aug. 2, 2002, 116 Stat. 877; Pub.L. 109-55,
                Title I, Sec. 1202(a), Aug. 2, 2005, 119 Stat. 579.)
           852  Sec. 1820. Acquisition of real property for Capitol Police.
                (a) Authority for acquisition
                    Subject to the approval of the House Office Building
                Commission and the Senate Committee on Rules and
                Administration, the Architect of the Capitol is authorized
                to acquire (through purchase, lease, transfer from another
                Federal entity, or otherwise) real property, subject to the
                availability of appropriations and upon approval of an
                obligation plan by the Committees on Appropriations of the
                House and Senate, for the use of the United States Capitol
                Police.
                (b) United States Capitol grounds provisions applicable
                    Any real property acquired by the Architect of the
                Capitol pursuant to subsection (a) of this section shall be
                a part of the United States Capitol Grounds and shall be
                subject to the provisions of sections 1922, 1961, 1966,
                1967, and 1969 of this title and sections 5101 to 5107 and
                5109 of Title 40.
                (c) Effective date
                    This section shall apply with respect to fiscal year
                2002 and each succeeding fiscal year. (Pub.L. 107-206, Title
                I, Sec. 907, Aug. 2, 2002, 116 Stat. 877.)
           853  Sec. 1821. Small purchase contracting authority.
                (a) In general
                    Notwithstanding any other provision of law--

    [[Page 729]]

                                (1) section 5 of Title 41 shall apply with
                            respect to purchases and contracts for the
                            Architect of the Capitol as if the reference to
                            ``$25,000'' in paragraph (1) of such section
                            were a reference to ``$100,000''; and
                                (2) the Architect may procure services,
                            equipment, and construction for security related
                            projects in the most efficient manner he
                            determines appropriate.
                (b) Effective date
                    This section shall apply to fiscal year 2003 and each
                fiscal year thereafter. (Pub.L. 108-7, Div. H, Title I,
                Sec. 1201, Feb. 20, 2003, 117 Stat. 372.)
           854  Sec. 1822. Leasing of space.
                (a) In general
                    Funds appropriated to the Architect of the Capitol shall
                be available--
                                (1) for the leasing of space in areas within
                            the District of Columbia and its environs beyond
                            the boundaries of the United States Capitol
                            Grounds to meet space requirements of the United
                            States Senate, United States House of
                            Representatives, United States Capitol Police,
                            and the Architect of the Capitol under such
                            terms and conditions as the Committee or
                            Commission referred to under subsection (b) of
                            this section may authorize; and
                                (2) to incur any necessary expense in
                            connection with any leasing of space under
                            paragraph (1).
                (b) Conditions to lease space
                    The Architect of the Capitol may lease space under
                subsection (a) of this section upon submission of written
                notice of intent to lease such space to, and approved by--
                                (1) the Committees on Appropriations and
                            Rules and Administration of the Senate for space
                            to be leased for the Senate;
                                (2) the Committee on Appropriations of the
                            House of Representatives and the House Office
                            Building Commission for space to be leased for
                            the House of Representatives; and
                                (3) the Committees on Appropriations of the
                            Senate and House of Representatives, for space
                            to be leased for any other entity under
                            subsection (a).
                (c) Effective date
                    This section shall apply with respect to fiscal year
                2004, and each fiscal year thereafter. (Pub.L. 108-83, Title
                I, Sec. 1102, Sept. 30, 2003, 117 Stat. 1027; Pub.L. 110-
                161, Div. H, Title I, Sec. 1306, Dec. 26, 2007, 121 Stat.
                2243.)
           855  Sec. 1823. Acquisition of real property for Sergeant at Arms
                    and Doorkeeper of Senate.\1\
                    (1) The Architect of the Capitol may acquire (through
                purchase, lease, transfer from another Federal entity, or
                otherwise) real property, for the use of the Sergeant at
                Arms and Doorkeeper of the Senate to support the operations
                of the Senate--
                    \1\ Editorially supplied.

    [[Page 730]]

                                (A) subject to the approval of the Committee
                            on Rules and Administration of the Senate; and
                                (B) subject to the availability of
                            appropriations and upon approval of an
                            obligation plan by the Committee on
                            Appropriations of the Senate.
                    (2) Subject to the approval of the Committee on
                Appropriations of the Senate, the Secretary of the Senate
                may transfer funds for the acquisition or maintenance of any
                property under paragraph (1) from the account under the
                heading ``Senate, Contingent Expenses of the Senate,
                Sergeant at Arms and Doorkeeper of the Senate'' to the
                account under the heading ``Architect of the Capitol, Senate
                Office Buildings''.
                    (3) This section shall apply with respect to fiscal year
                2007 and each fiscal year thereafter. (Pub.L. 109-289, Div.
                B, Title II, Sec. 20701(b), as added Pub.L. 110-5, Sec. 2,
                Feb. 15, 2007, 121 Stat. 37.)
           856  Sec. 1823a. Acquisition of real property by lease for use of
                    Library of Congress.
                (a) Permitting leasing of space
                    Subject to the availability of funds, the Architect of
                the Capitol may acquire real property by lease for the use
                of the Library of Congress in any State or the District of
                Columbia if--
                                (1) the Architect of the Capitol and the
                            Librarian of Congress submit a joint request for
                            the Architect to lease the property to the Joint
                            Committee on the Library and to the Committees
                            on Appropriations of the House of
                            Representatives and Senate; and
                                (2) the Joint Committee on the Library and
                            the Committees on Appropriations of the House of
                            Representatives and Senate each approve the
                            request.
                (b) Transfer of funds
                    Subject to the approval of the Joint Committee on the
                Library and the Committees on Appropriations of the House of
                Representatives and the Senate, the Architect of the Capitol
                and the Librarian of Congress may transfer between
                themselves appropriations or other available funds to pay
                the costs incurred in acquiring real property pursuant to
                the authority of this section and the costs of necessary
                expenses incurred in connection with the acquisition of the
                property.
                (c) Limit on obligations
                    No obligation entered into pursuant to the authority of
                this section shall be in advance of, or in excess of,
                available appropriations.
                (d) Effective date
                    This section shall apply with respect to fiscal year
                2009 and each succeeding fiscal year. (Pub.L. 111-8, Div. G,
                Title I, Sec.  1102, Mar. 11, 2009, 123 Stat. 823.)
           857  Sec. 1824. Energy and environmental measures in Capitol
                    Complex Master Plan.
                (a) In general
                    To the maximum extent practicable, the Architect of the
                Capitol shall include energy efficiency and conservation
                measures, greenhouse gas emission reduction measures, and
                other appropriate environmental measures in the Capitol
                Complex Master Plan.

    [[Page 731]]

                (b) Report
                    Not later than 6 months after December 19, 2007, the
                Architect of the Capitol shall submit to the Committee on
                Transportation and Infrastructure of the House of
                Representatives and the Committee on Rules and
                Administration of the Senate, a report on the energy
                efficiency and conservation measures, greenhouse gas
                emission reduction measures, and other appropriate
                environmental measures included in the Capitol Complex
                Master Plan pursuant to subsection (a) of this section.
                (Pub.L. 110-140, Title V, Sec. 503, Dec. 19, 2007, 110 Stat.
                1655.)
           858  Sec. 1825. CVC maintenance.
                    For maintenance purposes, the Capitol Visitor Center
                (CVC) is considered an extension of the Capitol Building,
                and the maintenance functions for the CVC's infrastructure
                is the responsibility of the Architect of the Capitol.
                Starting in fiscal year 2008, and each fiscal year
                thereafter, the CVC's facilities maintenance budget and
                associated payroll will be included with the Capitol
                Building's appropriation budget, and integrated in such a
                way as to facilitate the reporting of expenses associated
                with the maintenance of the CVC facility. (Pub.L. 110-161,
                Div. H, Title I, Sec. 1305, Dec. 26, 2007, 121 Stat. 2242.)
           859  Sec. 1826. Easements for rights-of-way.
                (a) In general
                    The Architect of the Capitol may grant, upon such terms
                as the Architect of the Capitol considers advisable,
                including monetary consideration, easements for rights-of-
                way over, in, and upon the Capitol Grounds and any other
                public lands under the jurisdiction and control of the
                Architect of the Capitol.
                (b) Limitation
                    No easement granted under this section may include more
                land than is necessary for the easement.
                (c) Easement account
                    There is established in the Treasury an easement account
                for the Architect of the Capitol. The Architect of the
                Capitol shall deposit in the account all proceeds received
                relating to the granting of easements under this section.
                The proceeds deposited in that account shall be available to
                the Architect, in such amounts and for such purposes
                provided in appropriations acts.
                (d) In-kind consideration
                    Subject to subsection (f) of this section, the Architect
                may accept in-kind consideration instead of, or in addition
                to, any monetary consideration, for any easement granted
                under this section.
                (e) Termination of easement
                    The Architect of the Capitol may terminate all or part
                of any easement granted under this section for--
                                (1) failure to comply with the terms of the
                            grant;
                                (2) nonuse for a 2-year period; or
                                (3) abandonment.

    [[Page 732]]

                (f) Approval
                    The Architect of the Capitol may grant an easement for
                rights-of-way under subsection (a) of this section upon
                submission of written notice of intent to grant that
                easement and the amount or type of consideration to be
                received, and approval by--
                                (1) the Committee on Rules and
                            Administration of the Senate for easements
                            granted on property under Senate jurisdiction;
                                (2) the House Office Building Commission for
                            property under House of Representatives
                            jurisdiction; and
                                (3) the Committee on Rules and
                            Administration of the Senate and the House
                            Office Building Commission for easements granted
                            on any other property.
                (g) Effective date
                    This section shall apply to fiscal year 2008 and each
                fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I,
                Sec. 1307, Dec. 26, 2007, 121 Stat. 2243.)
           860  Sec. 1827. Support and maintenance during emergencies.
                (a) During an emergency involving the safety of human life
                    or the protection of property, as determined or declared
                    by the Capitol Police Board, the Architect of the
                    Capitol--
                                (1) may accept contributions of comfort and
                            other incidental items and services to support
                            employees of the Office of the Architect of the
                            Capitol while such employees are on duty in
                            response to the emergency; and
                                (2) may incur obligations and make
                            expenditures out of available appropriations for
                            meals, refreshments, and other support and
                            maintenance for the Office of the Architect of
                            the Capitol if, in the judgment of the
                            Architect, such obligations and expenditures are
                            necessary to respond to the emergency.
                (b) This section shall apply with respect to fiscal year
                    2010 and each succeeding fiscal year. (Pub.L. 111-68,
                    Div. A, Title I, Sec.  1305, Oct. 1, 2009, 123 Stat.
                    2035.)

                                 Subchapter III.--Personnel

                                       Part A--General

           861  Sec. 1831. 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

    [[Page 733]]

                            that incorporates fundamental principles that
                            exist in other modern personnel systems.
                (c) Personnel management system
                    (1) Establishment
                                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

    [[Page 734]]

                                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,
                                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.
           862  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.)
           863  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

    [[Page 735]]

                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

           864  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;
                        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.)

           865  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.)
           866  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.

    [[Page 736]]

                    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.)
                                        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.

           867  Sec. 1848. Compensation of certain positions in Office of
                    Architect of the 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.)

    [[Page 737]]

           868  Sec. 1849. Compensation of certain positions under
                    jurisdiction of Architect of the Capitol.
                (a) Compensation of certain positions under jurisdiction of
                    Architect of Capitol
                    The Architect of the Capitol may fix the rate of basic
                pay for not more than 12 positions at a rate not to exceed
                the highest total rate of pay for the Senior Executive
                Service under subchapter VIII of chapter 53 of Title 5, for
                the locality involved.
                (b) Eight positions fixed in relation to General Schedule
                    Effective beginning with any pay period beginning on or
                after August 14, 1991, the rate of basic pay for up to 9
                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.
                (c) Executive Project Directors
                    The Architect of the Capitol may fix the rate of basic
                pay for not more than 4 positions for Executive Project
                Directors whose salary is payable from project funds, at a
                rate not to exceed 95 percent of the highest total rate of
                pay for the Senior Executive Service under subchapter VIII
                of chapter 53 of Title 5, for the locality involved. (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; Pub.L. 107-68, Title I,
                Sec. 129(c)(1), Nov. 12, 2001, 115 Stat. 580; Pub.L. 107-
                117, Div. B, Ch. 9, Sec. 914(a), Jan. 10, 2002, 115 Stat.
                2324; Pub.L. 109-55, Title I, Sec. 1201(a), Aug. 2, 2005,
                119 Stat. 579.)
           869  Sec. 1850. Compensation of registered nurses.
                    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

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

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

    [[Page 738]]

                                        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.

           871  Sec. 1862. Transfer of funds.
                    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.)
           872  Sec. 1865. Capitol Police Buildings and Grounds Account.
                    (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.)
           873  Sec. 1866. Certification of vouchers.
                    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.)
           874  Sec. 1868. Semiannual compilation and report of
                    expenditures.
                    (1) Commencing with the semiannual period beginning
                January 1, 1965, and for each semiannual period thereafter,
                the Architect of the Capitol shall compile and, not later
                than sixty days following the close of the semiannual
                period, submit to the Senate and the House of
                Representatives a report of all expenditures made from
                monies appropriated to the Architect of the Capitol, based
                on payrolls and other vouchers transmitted during such
                period to the Treasury Department for disburse

    [[Page 739]]

                ment, 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. (Pub.L. 88-454,
                Sec. 105(b), Aug. 20, 1964, 78 Stat. 551; Pub.L. 94-303,
                Title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.)
           875  Sec. 1869. Advance payments.
                     During fiscal year 2008 and each succeeding fiscal
                year, following notification of the Committees on
                Appropriations of the House of Representatives and the
                Senate, the Architect of the Capitol may make payments in
                advance for obligations of the Office of the Architect of
                the Capitol for subscription services if the Architect
                determines it to be more prompt, efficient, or economical to
                do so. (Pub.L. 110-161, Div. H, Title I, Sec. 1304, Dec. 26,
                2007, 121 Stat 2242.)

                                 Chapter 29.--CAPITOL POLICE

                       Subchapter I.--Organization and Administration

                                       Part A--General

           876  Sec. 1901. Establishment; officer appointments.
                    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.
                (R.S. Sec. 1821; Apr. 28, 1902, ch. 594, Sec. 1, 32 Stat.
                124; June 28, 1943, ch. 173, Title I, Sec. 101, 57 Stat.
                230; Dec. 20, 1979, Pub.L. 96-152, Sec. 1(a), 93 Stat. 1099;
                Pub.L. 108-7, Div. H, Title I, Sec. 1018(h)(1), Feb. 20,
                2003, 117 Stat. 368.)
                Note
                Capitol Police and Library of Congress Police Merger

                    Pub.L. 110-178, Sec. Sec. 2, 3, and 8, Jan. 7, 2008, 121
                Stat. 2546, 2554, provided that:
                Sec. 2. Transfer of Personnel.
                (a) Transfers
                    (1) Library of Congress Police employees--Effective on
                the employee's transfer date, each Library of Congress
                Police employee shall be transferred to the United States
                Capitol Police and shall become either a member or civilian
                employee of the Capitol Police, as determined by the Chief
                of the Capitol Police under subsection (b).
                    (2) Library of Congress Police civilian employees--
                Effective on the employee's transfer date, each Library of
                Congress Police civilian employee shall be transferred

    [[Page 740]]

                to the United States Capitol Police and shall become a
                civilian employee of the Capitol Police.
                (b) Treatment of Library of Congress Police employees
                    (1) Determination of status within Capitol Police--
                            (A) Eligibility to serve as members of the
                        Capitol Police.--A Library of Congress Police
                        employee shall become a member of the Capitol Police
                        on the employee's transfer date if the Chief of the
                        Capitol Police determines and issues a written
                        certification that the employee meets each of the
                        following requirements:

    (i) Based on the assumption that such employee would perform a period of
    continuous Federal service after the transfer date, the employee would be
    entitled to an annuity for immediate retirement under section 8336(b) or
    8412(b) of title 5, United States Code (as determined by taking into
    account paragraph (3)(A)), on the date such employee becomes 60 years of
    age.

    (ii) During the transition period, the employee successfully completes
    training, as determined by the Chief of the Capitol Police.

    (iii) The employee meets the qualifications required to be a member of the
    Capitol Police, as determined by the Chief of the Capitol Police.

                            (B) Service as civilian employee of Capitol
                        Police.--If the Chief of the Capitol Police
                        determines that a Library of Congress Police
                        employee does not meet the eligibility requirements,
                        the employee shall become a civilian employee of the
                        Capitol Police on the employee's transfer date.
                            (C) Finality of determinations.--Any
                        determination of the Chief of the Capitol Police
                        under this paragraph shall not be appealable or
                        reviewable in any manner.
                            (D) Deadline for determinations.--The Chief of
                        the Capitol Police shall complete the determinations
                        required under this paragraph for all Library of
                        Congress Police employees not later than September
                        30, 2009.
                    (2) Exemption from mandatory separation.--Section
                8335(c) or 8425(c) of title 5, United States Code, shall not
                apply to any Library of Congress Police employee who becomes
                a member of the Capitol Police under this subsection, until
                the earlier of--
                            (A) the date on which the individual is entitled
                        to an annuity for immediate retirement under section
                        8336(b) or 8412(b) of title 5, United States Code;
                        or
                            (B) the date on which the individual--

    (i) is 57 years of age or older; and

    (ii) is entitled to an annuity for immediate retirement under section
    8336(m) or 8412(d) of title 5, United States Code (as determined by taking
    into account paragraph (3)(A)).

                    (3) Treatment of prior creditable service for retirement
                purposes--
                            (A) Prior service for purposes of eligibility
                        for immediate retirement as a member of the Capitol
                        Police.--Any Library of Congress Police employee who
                        becomes a member of the Capitol Police under this
                        subsection shall be entitled to have any creditable
                        service under section 8332 or 8411 of title 5,
                        United States Code, that was accrued prior to
                        becoming a member of the Capitol Police included in
                        calculating the employee's service as a member of
                        the Capitol Police for purposes of section 8336(m)
                        or 8412(d) of title 5, United States Code.
                            (B) Prior service for purposes of computation of
                        annuity.--Any creditable service under section 8332
                        or 8411 of title 5, United States Code, of an
                        individual who becomes a member of the Capitol
                        Police under this subsection that was accrued prior
                        to becoming a member of the Capitol Police--

    (i) shall be treated and computed as employee service under section 8339 or
    section 8415 of such title; but

    (ii) shall not be treated as service as a member of the Capitol Police or
    service as a congressional employee for purposes of applying any formula
    under section 8339(b), 8339(q), 8415(c), or 8415(d) of such title under
    which a percentage of the individual's average pay is multiplied by the
    years (or other period) of such service.

                (c) Duties of employees transferred to civilian positions
                    (1) Duties.--The duties of any individual who becomes a
                civilian employee of the Capitol Police under this section,
                including a Library of Congress Police civilian employee
                under subsection (a)(2) and a Library of Congress Police
                employee who becomes a civilian employee of the Capitol
                Police under subsection (b)(1)(B), shall be determined
                solely by the Chief of the Capitol Police, except that a
                Library

    [[Page 741]]

                of Congress Police civilian employee under subsection (a)(2)
                shall continue to support Library of Congress police
                operations until all Library of Congress Police employees
                are transferred to the United States Capitol Police under
                this section.
                    (2) Finality of determinations.--Any determination of
                the Chief of the Capitol Police under this subsection shall
                not be appealable or reviewable in any manner.
                (d) Protecting status of transferred employees
                    (1) Nonreduction in pay, rank, or grade.--The transfer
                of any individual under this section shall not cause that
                individual to be separated or reduced in basic pay, rank or
                grade.
                    (2) Leave and compensatory time.--Any annual leave, sick
                leave, or other leave, or compensatory time, to the credit
                of an individual transferred under this section shall be
                transferred to the credit of that individual as a member or
                an employee of the Capitol Police (as the case may be). The
                treatment of leave or compensatory time transferred under
                this section shall be governed by regulations of the Capitol
                Police Board.
                    (3) Prohibiting imposition of probationary period.--The
                Chief of the Capitol Police may not impose a period of
                probation with respect to the transfer of any individual who
                is transferred under this section.
                (e) Rules of construction relating to employee
                representation
                    (1) Employee representation.--Nothing in this Act [the
                U.S. Capitol Police and Library of Congress Police Merger
                Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 2008,
                121 Stat. 2546, which enacted 2 U.S.C.A. Sec. Sec. 141b and
                143c, amended 2 U.S.C.A. Sec. Sec. 167i, 167j, 182b, 185,
                and 1961, and 40 U.S.C.A. Sec. Sec. 5101, 5102, and 5104,
                repealed 2 U.S.C.A. Sec. Sec. 167 to 167h, enacted
                provisions set out as notes under this section and 2
                U.S.C.A. Sec. Sec. 167 and 182b, and repealed provisions set
                out as notes under this section] shall be construed to
                authorize any labor organization that represented an
                individual who was a Library of Congress police employee or
                a Library of Congress police civilian employee before the
                individual's transfer date to represent that individual as a
                member of the Capitol Police or an employee of the Capitol
                Police after the individual's transfer date.
                    (2) Agreements not applicable.--Nothing in this Act [the
                U.S. Capitol Police and Library of Congress Police Merger
                Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 2008,
                121 Stat. 2546, see Tables for classification] shall be
                construed to authorize any collective bargaining agreement
                (or any related court order, stipulated agreement, or
                agreement to the terms or conditions of employment)
                applicable to Library of Congress police employees or to
                Library of Congress police civilian employees to apply to
                members of the Capitol Police or to civilian employees of
                the Capitol Police.
                (f) Rule of construction relating to personnel authority of
                the Chief of the Capitol Police
                    Nothing in this Act [the U.S. Capitol Police and Library
                of Congress Police Merger Implementation Act of 2007, Pub.L.
                110-178, Jan. 7, 2008, 12121 Stat. 2546, see Tables for
                classification] shall be construed to affect the authority
                of the Chief of the Capitol Police to--
                            (1) terminate the employment of a member of the
                        Capitol Police or a civilian employee of the Capitol
                        Police; or
                            (2) transfer any individual serving as a member
                        of the Capitol Police or a civilian employee of the
                        Capitol Police to another position with the Capitol
                        Police.
                (g) Transfer date defined
                    In this Act [the U.S. Capitol Police and Library of
                Congress Police Merger Implementation Act of 2007, Pub.L.
                110-178, Jan. 7, 2008, 121 Stat. 2546, see Tables for
                classification], the term ``transfer date'' means, with
                respect to an employee--
                            (1) in the case of a Library of Congress Police
                        employee who becomes a member of the Capitol Police,
                        the first day of the first pay period applicable to
                        members of the United States Capitol Police which
                        begins after the date on which the Chief of the
                        Capitol Police issues the written certification for
                        the employee under subsection (b)(1);
                            (2) in the case of a Library of Congress Police
                        employee who becomes a civilian employee of the
                        Capitol Police, the first day of the first pay
                        period applicable to employees of the United States
                        Capitol Police which begins after September 30,
                        2009; or
                            (3) in the case of a Library of Congress Police
                        civilian employee, the first day of the first pay
                        period applicable to employees of the United States
                        Capitol Police which begins after September 30,
                        2008.

    [[Page 742]]

                (h) Cancellation in portion of unobligated balance of
                FEDLINK revolving fund
                    Amounts available for obligation by the Librarian of
                Congress as of the date of the enactment of this Act [Jan.
                7, 2008] from the unobligated balance in the revolving fund
                established under section 103 of the Library of Congress
                Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c)
                for the Federal Library and Information Network program of
                the Library of Congress and the Federal Research program of
                the Library of Congress are reduced by a total of $560,000,
                and the amount so reduced is hereby cancelled.

                Sec. 3. Transition Provisions.

                (a) Transfer and allocations of property and appropriations
                    (1) In general.--Effective on the transfer date of any
                Library of Congress Police employee and Library of Congress
                Police civilian employee who is transferred under this Act
                [the U.S. Capitol Police and Library of Congress Police
                Merger Implementation Act of 2007, Pub.L. 110-178, Jan. 7,
                2008, 121 Stat. 2546, see Tables for classification]--
                            (A) the assets, liabilities, contracts,
                        property, and records associated with the employee
                        shall be transferred to the Capitol Police; and
                            (B) the unexpended balances of appropriations,
                        authorizations, allocations, and other funds
                        employed, used, held, arising from, available to, or
                        to be made available in connection with the employee
                        shall be transferred to and made available under the
                        appropriations accounts for the Capitol Police for
                        ``Salaries'' and ``General Expenses'', as
                        applicable.
                    (2) Joint review.--During the transition period, the
                Chief of the Capitol Police and the Librarian of Congress
                shall conduct a joint review of the assets, liabilities,
                contracts, property records, and unexpended balances of
                appropriations, authorizations, allocations, and other funds
                employed, used, held, arising from, available to, or to be
                made available in connection with the transfer under this
                Act [the U.S. Capitol Police and Library of Congress Police
                Merger Implementation Act of 2007, Pub.L. 110-178, Jan. 7,
                2008, 121 Stat. 2546, see Tables for classification].
                (b) Treatment of alleged violations of certain employment
                laws with respect to transferred individuals
                    (1) In general.--Notwithstanding any other provision of
                law and except as provided in paragraph (3), in the case of
                an alleged violation of any covered law (as defined in
                paragraph (4)) which is alleged to have occurred prior to
                the transfer date with respect to an individual who is
                transferred under this Act [the U.S. Capitol Police and
                Library of Congress Police Merger Implementation Act of
                2007, Pub.L. 110-178, Jan. 7, 2008, 121 Stat. 2546, see
                Tables for classification], and for which the individual has
                not exhausted all of the remedies available for the
                consideration of the alleged violation which are provided
                for employees of the Library of Congress under the covered
                law prior to the transfer date, the following shall apply:
                            (A) The individual may not initiate any
                        procedure which is available for the consideration
                        of the alleged violation of the covered law which is
                        provided for employees of the Library of Congress
                        under the covered law.
                            (B) To the extent that the individual has
                        initiated any such procedure prior to the transfer
                        date, the procedure shall terminate and have no
                        legal effect.
                            (C) Subject to paragraph (2), the individual may
                        initiate and participate in any procedure which is
                        available for the resolution of grievances of
                        officers and employees of the Capitol Police under
                        the Congressional Accountability Act of 1995 (2
                        U.S.C. 1301 et seq.) to provide for consideration of
                        the alleged violation. The previous sentence does
                        not apply in the case of an alleged violation for
                        which the individual exhausted all of the available
                        remedies which are provided for employees of the
                        Library of Congress under the covered law prior to
                        the transfer date.
                    (2) Special rules for applying Congressional
                Accountability Act of 1995.--In applying paragraph (1)(C)
                with respect to an individual to whom this subsection
                applies, for purposes of the consideration of the alleged
                violation under the Congressional Accountability Act of 1995
                [Pub.L. 104-1, Jan. 23, 1995, 109 Stat. 3, see Short Title
                note set under 2 U.S.C.A. Sec. 1301 and Tables]--
                            (A) the date of the alleged violation shall be
                        the individual's transfer date;
                            (B) notwithstanding the third sentence of
                        section 402(a) of such Act (2 U.S.C. 1402(a)), the
                        individual's request for counseling under such
                        section shall be made not later than 60 days after
                        the date of the alleged violation; and

    [[Page 743]]

                            (C) the employing office of the individual at
                        the time of the alleged violation shall be the
                        Capitol Police Board.
                    (3) Exception for alleged violations subject to hearing
                prior to transfer.--Paragraph (1) does not apply with
                respect to an alleged violation for which a hearing has
                commenced in accordance with the covered law on or before
                the transfer date.
                    (4) Covered law defined.--In this subsection, a
                ``covered law'' is any law for which the remedy for an
                alleged violation is provided for officers and employees of
                the Capitol Police under the Congressional Accountability
                Act of 1995 (2 U.S.C. 1301 et seq.).
                (c) Availability of detailees during transition period
                    During the transition period, the Chief of the Capitol
                Police may detail additional members of the Capitol Police
                to the Library of Congress, without reimbursement.
                (d) Effect on existing Memorandum of Understanding
                    The Memorandum of Understanding between the Library of
                Congress and the Capitol Police entered into on December 12,
                2004, shall remain in effect during the transition period,
                subject to--
                            (1) the provisions of this Act [the U.S. Capitol
                        Police and Library of Congress Police Merger
                        Implementation Act of 2007, Pub.L. 110-178, Jan. 7,
                        2008, 121 Stat. 2546, see Tables for
                        classification]; and
                            (2) such modifications as may be made in
                        accordance with the modification and dispute
                        resolution provisions of the Memorandum of
                        Understanding, consistent with the provisions of
                        this Act [the U.S. Capitol Police and Library of
                        Congress Police Merger Implementation Act of 2007,
                        Pub.L. 110-178, Jan. 7, 2008, 121 Stat. 2546, see
                        Tables for classification].
                (e) Rule of construction relating to personnel authority of
                the Librarian of Congress
                    Nothing in this Act [the U.S. Capitol Police and Library
                of Congress Police Merger Implementation Act of 2007, Pub.L.
                110-178, Jan. 7, 2008, 121 Stat. 2546, see Tables for
                classification] shall be construed to affect the authority
                of the Librarian of Congress to--
                            (1) terminate the employment of a Library of
                        Congress Police employee or Library of Congress
                        Police civilian employee; or
                            (2) transfer any individual serving in a Library
                        of Congress Police employee position or Library of
                        Congress Police civilian employee position to
                        another position at the Library of Congress.

                Sec. 8. Definitions.

                    In this Act [the U.S. Capitol Police and Library of
                Congress Police Merger Implementation Act of 2007, Pub.L.
                110-178, Jan. 7, 2008, 121 Stat. 2546, which enacted 2
                U.S.C.A. Sec. Sec. 141b and 143c, amended 2 U.S.C.A.
                Sec. Sec. 167i, 167j, 182b, 185, and 1961, and 40 U.S.C.A.
                Sec. Sec. 5101, 5102, and 5104, repealed 2 U.S.C.A.
                Sec. Sec. 167 to 167h, enacted provisions set out as notes
                under this section and 2 U.S.C.A. Sec. Sec. 167 and 182b,
                and repealed provisions set out as notes under this
                section]--
                            (1) the term ``Act of August 4, 1950'' means the
                        Act entitled ``An Act relating to the policing of
                        the buildings and grounds of the Library of
                        Congress,'' (2 U.S.C. 167 et seq.);
                            (2) the term ``Library of Congress Police
                        employee'' means an employee of the Library of
                        Congress designated as police under the first
                        section of the Act of August 4, 1950 (2 U.S.C. 167);
                            (3) the term ``Library of Congress Police
                        civilian employee'' means an employee of the Library
                        of Congress Office of Security and Emergency
                        Preparedness who provides direct administrative
                        support to, and is supervised by, the Library of
                        Congress Police, but shall not include an employee
                        of the Library of Congress who performs emergency
                        preparedness or collections control and preservation
                        functions; and
                            (4) the term ``transition period'' means the
                        period the first day of which is the date of the
                        enactment of this Act [Jan. 7, 2008] and the final
                        day of which is September 30, 2009.

                    Similar provisions were contained in the following prior
                Act:
                            Pub.L. 110-161, Div. H, Title I, Sec. 1004(b),
                        (c), and (h), Dec. 26, 2007, 121 Stat. 2227, 2236.

                Training, Detailing, and Hiring Authority Pending Transfer
                of Library of Congress Police Employees

    [[Page 744]]

                    Pub.L. 108-83, Title I, Sec. 1006, Sept. 30, 2003, 117
                Stat. 1023, as amended Pub.L. 108-447, Div. G, Title I,
                Sec. 1002, Dec. 8, 2004, 118 Stat. 3179; Pub.L. 109-55,
                Title I, Sec. 1006(a), Aug. 2, 2005, 119 Stat. 576, provided
                that:
                (a) Training and detailing
                    (1) In general.--To provide for a more effective and
                efficient transfer under section 1015 of the Legislative
                Branch Appropriations Act, 2003 [Pub.L. 108-7, Div. H] (2
                U.S.C. 1901 note) [set out as a note under this section]--
                            (A) the Chief of the Capitol Police shall
                        provide for training, on a reimbursable basis, of
                        Library of Congress Police employees who on the date
                        of enactment of this Act [Sept. 30, 2003], are 42
                        years of age or less and have 5 years or less of
                        service as a Library of Congress Police employee,
                        which shall be supplemental to Library of Congress
                        Police training;
                            (B) the Librarian of Congress may detail, with
                        or without reimbursement, Library of Congress Police
                        employees to the Capitol Police; and
                            (C) the Chief of the Capitol Police may detail,
                        on a reimbursable basis, members of the Capitol
                        Police to the Library of Congress Police.
                    (2) Beginning of training.--Training under paragraph (1)
                shall begin within 90 days of the date of enactment of this
                Act [Sept. 30, 2003].
                (b) Hiring
                    (1) Definitions.--In this subsection, the terms ``Act of
                August 4, 1950'' and ``Library of Congress Police employee''
                have the meanings given such terms under section 1015(c) of
                the Legislative Branch Appropriations Act, 2003 [Pub.L. 108-
                7, Div. H] (2 U.S.C. 1901 note) [set out as a note under
                this section].
                    (2) Limitation on new Library of Congress Police
                employees.--Notwithstanding the first section of the Act of
                August 4, 1950 [2 U.S.C.A. Sec. 167] or any other provision
                of law, the Librarian of Congress may not--
                            (A) hire any individual as a Library of Congress
                        Police employee; or
                            (B) transfer any employee of the Library of
                        Congress to a Library of Congress Police employee
                        position.
                    (3) Hiring of individuals--
                            (A) In general.--The Librarian of Congress may
                        select individuals to be submitted to the Chief of
                        the Capitol Police for purposes of subparagraph (B).
                            (B) Hiring.--If an individual submitted under
                        subparagraph (A) meets all qualifications to be a
                        member of the Capitol Police, the Chief of the
                        Capitol Police shall hire that individual as a
                        member of the Capitol Police. The Chief of Police
                        may hire individuals under this subsection who are
                        not submitted for selection under this subparagraph.
                        All hirings under this subparagraph shall comply
                        with the limitations under this paragraph for any
                        fiscal year.
                            (C) Limitation for fiscal year 2004.--During
                        fiscal year 2004, the number of individuals hired
                        under this subsection may not exceed the total of--

    (i) 23 individuals; and

    (ii) the number of Library of Congress Police employees who separate from
    service or transfer to a position other than a Library of Congress Police
    employee position.

                            (D) Limitation for fiscal year 2005.--During
                        fiscal year 2005, the number of individuals hired
                        under this subsection may not exceed--

    (i) the number of Library of Congress Police employees who separated from
    service or transferred to a position other than a Library of Congress
    Police employee position during fiscal year 2004 for whom a corresponding
    hire was not made under this subsection; and

    (ii) the number of Library of Congress Police employees who separate from
    service or transfer to a position other than a Library of Congress Police
    employee position during fiscal year 2005.

                            (E) Limitation for fiscal year 2006.--During
                        fiscal year 2006, the number of individuals hired
                        under this subsection may not exceed--

    (i) the number of Library of Congress Police employees who separated from
    service or transferred to a position other than a Library of Congress
    Police employee position during fiscal year 2005 for whom a corresponding
    hire was not made under this subsection; and

    (ii) the number of Library of Congress Police employees who separate from
    service or transfer to a position other than a Library of Congress Police
    employee position during fiscal year 2006.

                    (4) Training and detailing.--Notwithstanding subsection
                (a)(1)(C) [of this note], the Chief of the Capitol Police
                may detail an individual hired under this subsection to the
                Library of Congress Police on a nonreimbursable basis. Any
                individual

    [[Page 745]]

                detailed under this subsection shall receive necessary
                training, including training by the Library of Congress
                Police.
                    (5) Assignments and reassignments.--Nothing under this
                subsection may be construed to affect the authority of the
                Chief of the Capitol Police, after the date of the transfer
                of Library of Congress Police employees under section 1015
                of the Legislative Appropriations Act, 2003 (2 U.S.C. 1901
                note) [set out as a note under this section], to assign or
                reassign any member of the Capitol Police hired under this
                subsection.
                    (6) Effective date.--This subsection shall take effect
                on the date of enactment of this Act [Sept. 30, 2003] and
                apply with respect to--
                            (A) any remaining portion of fiscal year 2003,
                        if this Act [Legislative Branch Appropriations Act,
                        2004, Pub.L. 108-3, Sept. 30, 2003, 117 Stat. 1007;
                        see Tables for complete classification] is enacted
                        before October 1, 2003; and
                            (B) fiscal year 2004 and each fiscal year,
                        thereafter.

                [Pub.L. 110-161, Div. H, Title I, Sec. 1004(g)(1) and (2),
                Dec. 26, 2007, 121 Stat. 2236 and Pub.L. 110-178, Sec. 7(a)
                and (b), Jan. 7, 2008, 121 Stat. 2554, provided, in part,
                that effective Oct. 1, 2009, section 1006 of Pub.L. 110-83,
                Title I, is repealed. See Pub.L. 110-161, Div. H,
                Sec. 1004(g)(2) and Pub.L. 110-178, Sec. 7(b), set out as an
                Effective and Applicability Provisions notes under this
                section.]

                Capitol Police Board; Composition; Redefining Mission

                    Pub.L. 108-7, Div. H, Title I, Sec. 1014, Feb. 20, 2003,
                117 Stat. 361, provided that:
                (a) Capitol Police Board; composition; redefining mission
                    (1) Purpose.--The purpose of the Capitol Police Board is
                to oversee and support the Capitol Police in its mission and
                to advance coordination between the Capitol Police and the
                Sergeant at Arms of the House of Representatives and the
                Sergeant at Arms and Doorkeeper of the Senate, in their law
                enforcement capacities, and the Congress. Consistent with
                this purpose, the Capitol Police Board shall establish
                general goals and objectives covering its major functions
                and operations to improve the efficiency and effectiveness
                of its operations.
                    (2) Composition.--The Capitol Police Board shall consist
                of the Sergeant at Arms of the House of Representatives, the
                Sergeant at Arms and Doorkeeper of the Senate, the Chief of
                the Capitol Police, and the Architect of the Capitol. The
                Chief of Capitol Police shall serve in an ex-officio
                capacity and be a non-voting member of the Board.
                (b) Initial review and report
                    Not later than 180 days after the date of the enactment
                of this Act [Feb. 20, 2003], the Capitol Police Board
                shall--
                            (1) examine the mission of the Capitol Police
                        Board and, based on that analysis, redefine the
                        Capitol Police Board's mission, mission-related
                        processes, and administrative processes;
                            (2) conduct an assessment of the effectiveness
                        and usefulness of its statutory functions in
                        contributing to the Capitol Police Board's ability
                        to carry out its mission and meet its goals,
                        including an explanation of the reasons for any
                        determination that the statutory functions are
                        appropriate and advisable in terms of its purpose,
                        mission, and long-term goals; and
                            (3) submit to the Speaker and minority leader of
                        the House of Representatives and the President pro
                        tempore and minority leader of the Senate a report
                        on the results of its examination and assessment,
                        including recommendations for any legislation that
                        the Capitol Police Board considers appropriate and
                        necessary.
                (c) Executive Assistant
                    (1) Establishment.--There shall be established in the
                Capitol Police an Executive Assistant for the Capitol Police
                Board to act as a central point for communication and
                enhance the overall effectiveness and efficiency of the
                Capitol Police Board's administrative activities.
                    (2) Appointment.--The Executive Assistant shall be
                appointed by the Chief of the Capitol Police in consultation
                with the Sergeant at Arms of the House of Representatives
                and the Sergeant at Arms and Doorkeeper of the Senate.
                    (3) Duties.--The Executive Assistant shall be assigned
                to, and report to, the Chairman of the Board. The Executive
                Assistant shall assist the Capitol Police Board in
                developing, documenting, and implementing a clearly defined
                process for additional tasks assigned to the Capitol Police
                Board under this section [this note], and shall perform any
                additional duties assigned by the Capitol Police Board.
                (d) Documentation

    [[Page 746]]

                    (1) Functions and processes.--The Capitol Police Board
                shall document its functions and processes, including its
                mission statement, policies, directives, and operating
                procedures established or revised under subsection (a)(1) or
                (b) [of this note], and make such documentation available
                for examination to the Speaker and minority leader of the
                House of Representatives, the President pro tempore and
                minority leader of the Senate, the Chief of the Capitol
                Police, and the Comptroller General.
                    (2) Meetings.--The Capitol Police Board shall document
                Board meetings and make the documentation available for
                distribution to the Speaker and minority leader of the House
                of Representatives and the President pro tempore and
                minority leader of the Senate.
                (e) Assistance of Comptroller General
                    Upon request, the Comptroller General shall provide
                assistance to the Capitol Police Board in carrying out its
                responsibilities under this subsection.
                (f) References in law; effect on other laws
                    (1) Any reference in any law or resolution in effect as
                of the date of the enactment of this Act [Feb. 20, 2003] to
                the ``Capitol Police Board'' shall be deemed to refer to the
                Capitol Police Board as composed under subsection (a)(2) [of
                this note].
                    (2) Nothing in this section [this note] shall be
                construed to affect the jurisdiction, powers, or
                prerogatives of the Capitol Police Board or its individual
                members unless specifically provided herein.
                Transfer of Library of Congress Police to the United States
                Capitol Police

                    Pub.L. 108-7, Div. H, Title I, Sec. 1015, Feb. 20, 2003,
                117 Stat. 362, provided that:
                (a) Transfer of Library of Congress Police to the United
                States Capitol Police
                    (1) Transfer of personnel and functions.--There are
                transferred to the United States Capitol Police--
                            (A) each Library of Congress Police employee;
                        and
                            (B) any functions performed under the first
                        section of the Act of August 4, 1950 (2 U.S.C. 167)
                        and section 9 of that Act (2 U.S.C. 167h) (as in
                        effect immediately before the effective date of this
                        section [Feb. 20, 2003]).
                    (2) Effect on personnel--
                            (A) Annual and sick leave.--Any annual or sick
                        leave to the credit of an individual transferred
                        under paragraph (1) shall be transferred to the
                        credit of that individual as an employee of the
                        United States Capitol Po- lice.
                            (B) Service performed for retirement purposes.--
                        For those Library of Congress Police employees
                        transferred under paragraph (1)(A), any period of
                        service performed by a Library of Congress Police
                        employee shall be deemed to be service performed as
                        a member of the United States Capitol Police for
                        purposes of chapters 83 and 84 of title 5, United
                        States Code [5 U.S.C.A. Sec. 8301 et seq. and 5
                        U.S.C.A. Sec. 8401 et seq.].
                            (C) Vacancies.--Notwithstanding any other
                        provision of law, upon the date of enactment of this
                        section [Feb. 20, 2003] and until completion of the
                        transfer under paragraph (1), vacancies in Library
                        of Congress police employee positions, if filled,
                        shall be filled in accordance with the employment
                        standards of the United States Capitol Police, to
                        the extent practicable as determined by the Chief of
                        the Capitol Police.
                    (3) Effective date of transfer of personnel and
                functions.--Library of Congress employees transferred to the
                United States Capitol Police under paragraph (1)(A), and
                Library of Congress functions transferred under paragraph
                (1)(B) shall be transferred to the United States Capitol
                Police upon approval of the Commit-tees on Appropriations of
                the House and Senate and the appropriate authorizing
                committees.
                (b) Transition
                    (1) Implementation plan--
                            (A) Plan.--Not later than 180 days after the
                        date of enactment of this section [Feb. 20, 2003],
                        the Chief of the Capitol Police shall prepare and
                        submit to the appropriate committees of Congress for
                        approval, and to the Capitol Police Board and the
                        Librarian of Congress, a plan

    (i) describing the policies and procedures, and actions the Chief of the
    Capitol Police will take in implementing the transfer provisions under this
    section [this note];

    (ii) establishing dates by which Library of Congress personnel and
    functions authorized to be transferred under subsection (a)(1) [of this
    note] shall be transferred to the United States Capitol Police;

    [[Page 747]]

    (iii) in consultation with the Librarian of Congress, providing for the
    performance of law enforcement and protection functions relating to the
    buildings and grounds of the Library of Congress, including collections
    security, within the overall security responsibilities of the United States
    Capitol Police;

    (iv) recommending legislative changes needed to implement the transfers
    under subsection (a)(1) [of this note], including--

    (I) identifying options for addressing how to apply United States Capitol
    Police retirement provisions to such transferred personnel;

    (II) identifying options related to providing voluntary separation
    incentives to transferred personnel; and

    (III) identifying options to ensure the Librarian of Congress maintains
    appropriate authority to execute his security responsibilities;

    (v) detailing the mechanisms to be used by the Chief of the Capitol Police
    for ensuring that Library of Congress employees transferred to the United
    States Capitol Police under subsection (a)(1) [of this note] are not
    adversely affected by the transfer with respect to pay;

    (vi) addressing--

    (I) how United States Capitol Police training and qualification
    requirements will be applied to Library of Congress employees transferred
    under subsection (a)(1) [of this note]; and

    (II) the overall training needs of the merged police force; and

    (vii) providing an analysis of the cost implications of implementing the
    plan.

                    (2) Implementation report.--Not later than 1 year after
                the date of enactment of this section [Feb. 20, 2003], and
                annually thereafter until the transfer is fully implemented,
                the Chief of the Capitol Police shall prepare and submit a
                report to the appropriate committees of Congress, the
                Capitol Police Board, and the Librarian of Congress, on the
                Chief of the Capitol Police's progress in implementing the
                plan required in paragraph (1)(A) of this subsection,
                including any adjustments to cost estimates or legislative
                changes needed to implement the provisions of this section
                [this note].
                (c) Definitions
                    In this section [this note]--
                            (1) the term ``Act of August 4, 1950'' means the
                        Act entitled ``An Act relating to the policing of
                        the buildings and grounds of the Library of
                        Congress'', approved August 4, 1950 (2 U.S.C. 167 et
                        seq.) [Library of Congress Police Act, Act Aug. 4,
                        1950, c. 561, 64 Stat. 411, as amended, classified
                        as 2 U.S.C.A. Sec. 167 et seq.]; and
                            (2) The term ``Library of Congress Police
                        employee''--

    (A) means an employee of the Library of Congress designated as police under
    the first section of the Act of August 4, 1950 (2 U.S.C. 167) (as in effect
    immediately before the effective date of this section [Feb. 20, 2003]); and

    (B) does not include any civilian employee performing police support
    functions.

                (d) Effective date
                    Except as otherwise provided in this section [this
                note], this section shall take effect on the date of
                enactment of this section [Feb. 20, 2003].
                [Pub.L. 110-161, Div. H, Title I, Sec. 1004(g)(1) and (2),
                Dec. 26, 2007, 121 Stat. 2236 and Pub.L. 110-178, Sec. 7(a)
                and (b), Jan. 7, 2008, 121 Stat. 2554 provided, in part,
                that effective Oct. 1, 2009, section 1015 of Pub.L. 108-7,
                Div. H, is repealed. See Pub.L. 110-161, Div. H,
                Sec. 1004(g)(2) and Pub.L. 110-178, Sec. 7(b), set out as an
                Effective and Applicability Provisions notes under this
                section.]

                Long Term Strategic Plan

                    Pub.L. 108-7, Div. H, Title I, Sec. 1019, Feb. 20, 2003,
                117 Stat. 369, provided that:
                (a) Long term strategic plan
                    (1) In general.--The Chief of the United States Capitol
                Police, in consultation with the Comptroller General, shall
                develop a long term strategic plan which outlines the goals
                and objectives of the Capitol Police.
                    (2) Annual update.--During the period in which the
                strategic plan developed under this subsection is in effect,
                the Chief shall annually update the plan.
                    (3) Period covered by plan.--The strategic plan under
                this subsection shall cover the first 5 fiscal years which
                begin after the plan is developed.
                (b) Annual performance plan

    [[Page 748]]

                    (1) In general.--With respect to each year which is
                covered by the strategic plan developed under subsection (a)
                [of this note], the Chief of the Capitol Police, in
                consultation with the Comptroller General, shall develop an
                annual performance plan for implementing the goals and
                objectives of the strategic plan during the year.
                    (2) Contents.--The annual performance plan developed
                under this subsection for a year shall include performance
                goals for each of the goals and objectives of the strategic
                plan which apply during the year, and shall include (to the
                extent practicable) quantifiable performance measures for
                determining the success of the Capitol Police in meeting
                each such performance goal.
                    (3) Evaluation by Comptroller General.--The Comptroller
                General shall annually evaluate the implementation of the
                plan and the extent to which the Capitol Police have met the
                performance goals of the plan, and shall provide the results
                of the evaluation to the Capitol Police Board, the
                Committees on Appropriations of the House of Representatives
                and Senate, the Committee on House Administration of the
                House of Representatives, and the Committee on Rules and
                Administration of the Senate.
                (c) Initial action plan
                    Not later than 180 days after the date of the enactment
                of this Act [Feb. 20, 2003], the Chief of the Capitol Police
                shall develop an initial action plan describing the
                policies, procedures, and actions the Chief will carry out
                to meet the requirements of this section and setting forth a
                timetable for carrying out each such policy, procedure, and
                action, and shall submit such plan (upon the approval of the
                Capitol Police Board) to the Committees on Appropriations of
                the House of Representatives and Senate, the Committee on
                House Administration of the House of Representatives, and
                the Committee on Rules and Administration of the Senate.
                Assistant Chief Compensation
                    Pub.L. 107-117, Div. B, Ch. 9, Sec. 907(b), Jan. 10,
                2002, 115 Stat. 2319, as amended Pub.L. 108-7, Div. H, Title
                I, Sec. 1013(b), Feb. 20, 2003, 117 Stat. 361, provided
                that: The annual rate of pay for the Assistant Chief of the
                Capitol Police shall be the amount equal to $1,000 less than
                the annual rate of pay in effect for the Chief of the
                Capitol Police.
           877  Sec. 1903. Chief Administrative Officer.
                (a) In general
                    There shall be within the Capitol Police an Office of
                Administration to be headed by a Chief Administrative
                Officer as follows:
                                (1) Not later than 60 days after December
                            21, 2000, the Chief Administrative Officer shall
                            be appointed by the Chief of the Capitol Police
                            after consultation with the Capitol Police Board
                            and the Comptroller General, and shall report to
                            and serve at the pleasure of the Chief of the
                            Capitol Police.
                                (2) The Comptroller General shall evaluate
                            the performance of the Chief Administrative
                            Officer in carrying out the duties and
                            responsibilities of the Office of Administration
                            as outlined in this section. The Comptroller
                            General shall meet with the Chief of the Capitol
                            Police and the Capitol Police Board at least
                            quarterly to provide an analysis of the
                            performance of the Chief Administrative Officer.
                            The Comptroller General shall report the results
                            of the evaluation to the Chief of the Capitol
                            Police, the Capitol Police Board, the Committees
                            on Appropriations of the House of
                            Representatives and Senate, the Committee on
                            House Administration of the House of
                            Representatives, and the Committee on Rules and
                            Administration of the Senate.
                                (3) The Chief of the Capitol Police shall
                            appoint as Chief Administrative Officer an
                            individual with the knowledge and skills
                            necessary to carry out the responsibilities for
                            budgeting, financial management, information
                            technology, and human resource management
                            described in this section.

    [[Page 749]]

                                (4) The annual rate of pay for the Chief
                            Administrative Officer shall be the amount equal
                            to $1,000 less than the annual rate of pay in
                            effect for the Chief of the Capitol Police.
                                (5) The Capitol Police shall reimburse from
                            available appropriations any costs incurred by
                            the Comptroller General under this section,
                            which shall be deposited to the appropriation of
                            the Government Accountability Office then
                            available and remain available until expended.
                (b) Responsibilities
                    The Chief Administrative Officer shall have the
                following areas of responsibility:
                                (1) Budgeting
                                The Chief Administrative Officer shall--

                                    (A) prepare and submit to the Capitol
                                Police Board an annual budget for the
                                Capitol Police; and

                                    (B) execute the budget and monitor
                                through periodic examinations the execution
                                of the Capitol Police budget in relation to
                                actual obligations and expenditures.

                                (2) Financial management
                                The Chief Administrative Officer shall--

                                    (A) oversee all financial management
                                activities relating to the programs and
                                operations of the Capitol Police;

                                    (B) develop and maintain an integrated
                                accounting and financial system for the
                                Capitol Police, including financial
                                reporting and internal controls, which--

                                            (i) complies with applicable
                                        accounting principles, standards,
                                        and requirements, and internal
                                        control standards;

                                            (ii) complies with any other
                                        requirements applicable to such
                                        systems; and

                                            (iii) provides for--

                                                    (I) complete, reliable,
                                                consistent, and timely
                                                information which is
                                                prepared on a uniform basis
                                                and which is responsive to
                                                financial information needs
                                                of the Capitol Police;
                                                    (II) the development and
                                                reporting of cost
                                                information;
                                                    (III) the integration of
                                                accounting and budgeting
                                                information; and
                                                    (IV) the systematic
                                                measurement of performance;

                                    (C) direct, manage, and provide policy
                                guidance and oversight of Capitol Police
                                financial management personnel, activities,
                                and operations, including--

                                            (i) the recruitment, selection,
                                        and training of personnel to carry
                                        out Capitol Police financial
                                        management functions; and

                                            (ii) the implementation of
                                        Capitol Police asset management
                                        systems, including systems for cash
                                        management, debt collection, and
                                        property and inventory management
                                        and control; and

                                    (D) Prepare\1\ annual financial
                                statements for the Capitol Police, and such
                                financial statements shall be audited by the
                                In

    [[Page 750]]

                                spector General of the Capitol Police or by
                                an independent public accountant, as
                                determined by the Inspector General.

                    \1\ So in original. Probably should not be capitalized.
                                (3) Information technology
                                The Chief Administrative Officer shall--

                                    (A) direct, coordinate, and oversee the
                                acquisition, use, and management of
                                information technology by the Capitol
                                Police;

                                    (B) promote and oversee the use of
                                information technology to improve the
                                efficiency and effectiveness of programs of
                                the Capitol Police; and

                                    (C) establish and enforce information
                                technology principles, guidelines, and
                                objectives, including developing and
                                maintaining an information technology
                                architecture for the Capitol Police.

                                (4) Human resources
                                The Chief Administrative Officer shall--

                                    (A) direct, coordinate, and oversee
                                human resources management activities of the
                                Capitol Police;

                                    (B) develop and monitor payroll and time
                                and attendance systems and employee
                                services; and

                                    (C) develop and monitor processes for
                                recruiting, selecting, appraising, and
                                promoting employees.

                (c) Administrative provisions
                    (1) Personnel
                                The Chief Administrative Officer is
                            authorized to select, appoint, employ, and
                            discharge such officers and employees as may be
                            necessary to carry out the functions, powers,
                            and duties of the Office of Administration, but
                            shall not have the authority to hire or
                            discharge uniformed and operational police force
                            personnel.
                    (2) Resources of other agencies
                                The Chief Administrative Officer may utilize
                            resources of another agency on a reimbursable
                            basis to be paid from available appropriations
                            of the Capitol Police.
                (d) Plan
                    No later than 180 days after appointment, the Chief
                Administrative Officer shall prepare and submit to Chief of
                the Capitol Police, the Capitol Police Board, and the
                Comptroller General, a plan--
                                (1) describing the policies, procedures, and
                            actions the Chief Administrative Officer will
                            take in carrying out the responsibilities
                            assigned under this section;
                                (2) identifying and defining
                            responsibilities and roles of all offices,
                            bureaus, and divisions of the Capitol Police for
                            budgeting, financial management, information
                            technology, and human resources management; and
                                (3) detailing mechanisms for ensuring that
                            the offices, bureaus, and divisions perform
                            their responsibilities and roles in a
                            coordinated and integrated manner.
                (e) Report
                    No later than September 30, 2001, the Chief
                Administrative Officer shall prepare and submit to the Chief
                of the Capitol Police, the Capitol Police Board, and the
                Comptroller General, a report on the Chief Administrative
                Officer's progress in implementing the plan described in
                subsection (d) of this section and recommendations to
                improve the budg

    [[Page 751]]

                eting, financial, information technology, and human
                resources management of the Capitol Police, including
                organizational, accounting and administrative control, and
                personnel changes.
                (f) Submission to Committees
                    The Chief of the Capitol Police shall submit the plan
                required in subsection (d) of this section and report
                required in subsection (e) of this section to the Committees
                on Appropriations of the House of Representatives and of the
                Senate, the Committee on House Administration of the House
                of Representatives, and the Committee on Rules and
                Administration of the Senate.
                (g) Termination of role
                    As of October 1, 2002, the role of the Comptroller
                General, as established by this section, will cease. (Pub.
                L. 106-554, Sec. 1(a)(2) [Title I, Sec. 108], Dec. 21, 2000,
                114 Stat. 2763, 2763A-104; Pub.L. 106-346, Sec. 101(a)
                [Title V, Sec. 507(a)], Oct. 23, 2000, 114 Stat. 1356,
                1356A-55; Pub.L. 107-68, Title I, Sec. 122(a), Nov. 12,
                2001, 115 Stat. 576; Pub.L. 108-7, Div. H, Title I,
                Sec. 1013(c), Feb. 20, 2003, 117 Stat. 361; Pub.L. 108-271,
                Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 109-55, Title
                I, Sec. 1004(g), Aug. 2, 2005, 119 Stat. 575.)
           878  Sec. 1906. Disposal of surplus property.
                (a) In general
                    Within the limits of available appropriations, the
                Capitol Police may dispose of surplus or obsolete property
                of the Capitol Police by interagency transfer, donation,
                sale, trade-in, or other appropriate method.
                (b) Amounts received
                    Any amounts received by the Capitol Police from the
                disposition of property under subsection (a) of this section
                shall be credited to the account established for the general
                expenses of the Capitol Police, and shall be available to
                carry out the purposes of such account during the fiscal
                year in which the amounts are received and the following
                fiscal year.
                (c) Effective date
                    This section shall apply to fiscal year 2003 and each
                fiscal year thereafter. (Pub.L. 108-7, Div. H, Title I,
                Sec. 1003, Feb. 20, 2003, 117 Stat. 357.)
           879  Sec. 1908. Legal representation authority.
                (a) In general
                    (1) Authorization of representation
                                Any counsel described under paragraph (2)
                            may for the purposes of providing legal
                            assistance and representation to the United
                            States Capitol Police Board or the United States
                            Capitol Police 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 requirement
                            for admission to practice before such court.
                    (2) Counsel
                                Paragraph (1) refers to--

                                    (A) the General Counsel for the United
                                States Capitol Police Board and the Chief of
                                the Capitol Police;

    [[Page 752]]

                                    (B) the Employment Counsel for the
                                United States Capitol Police Board and the
                                United States Capitol Police;

                                    (C) any attorney employed in the Office
                                of the General Counsel for the United States
                                Capitol Police or the Office of Employment
                                Counsel for the United States Capitol
                                Police;

                                    (D) the counsel for, or any attorney
                                employed by, any successor office of either
                                office described under subparagraph (C); and

                                    (E) any attorney retained by contract
                                with either office described under
                                subparagraph (C).

                (b) Limitations
                    (1) Direction for appearance
                                Entrance of appearance authorized under
                            subsection (a) of this section shall be subject
                            to the direction of the Capitol Police Board.
                    (2) United States Supreme Court
                                The authority under subsection (a) of this
                            section shall not apply with respect to the
                            admission of any person to practice before the
                            United States Supreme Court.
                (c) Effective date
                    This section shall apply to fiscal year 2004, and each
                fiscal year thereafter. (Pub.L. 108-83, Title I, Sec. 1002,
                Sept. 30, 2003, 117 Stat. 1020.)
           880  Sec. 1909. Inspector General for the United States Capitol
                    Police.
                (a) Establishment of Office
                    There is established in the United States Capitol Police
                the Office of the Inspector General (hereafter in this
                section referred to as the ``Office''), headed by the
                Inspector General of the United States Capitol Police
                (hereafter in this section referred to as the ``Inspector
                General'').
                (b) Inspector General
                    (1) Appointment
                                The Inspector General shall be appointed by,
                            and under the general supervision of, the
                            Capitol Police Board. The appointment shall be
                            made in consultation with the Inspectors General
                            of the Library of Congress, Government Printing
                            Office, and the Government Accountability
                            Office. The Capitol Police Board shall appoint
                            the Inspector General without regard to
                            political affiliation and solely on the basis of
                            integrity and demonstrated ability in
                            accounting, auditing, financial analysis, law,
                            management analysis, public administration, or
                            investigations.
                    (2) Term of service
                                The Inspector General shall serve for a term
                            of 5 years, and an individual serving as
                            Inspector General may be reappointed for not
                            more than 2 additional terms.
                    (3) Removal
                                The Inspector General may be removed from
                            office prior to the expiration of his term only
                            by the unanimous vote of all of the voting
                            members of the Capitol Police Board, and the
                            Board shall communicate the reasons for any such
                            removal to the Committee on House
                            Administration, the Senate Committee on Rules
                            and Ad

    [[Page 753]]

                            ministration and the Committees on
                            Appropriations of the House of Representatives
                            and of the Senate.
                    (4) Salary
                                The Inspector General shall be paid at an
                            annual rate equal to $1,000 less than the annual
                            rate of pay in effect for the Chief of the
                            Capitol Police.
                    (5) Deadline
                                The Capitol Police Board shall appoint the
                            first Inspector General under this section not
                            later than 180 days after August 2, 2005.
                (c) Duties
                    (1) Applicability of duties of Inspector General of
                executive branch establishment
                                The Inspector General shall carry out the
                            same duties and responsibilities with respect to
                            the United States Capitol Police as an Inspector
                            General of an establishment carries out with
                            respect to an establishment under section 4 of
                            the Inspector General Act of 1978 (5 U.S.C. App.
                            4), under the same terms and conditions which
                            apply under such section.
                    (2) Semiannual reports
                                The Inspector General shall prepare and
                            submit semiannual reports summarizing the
                            activities of the Office in the same manner, and
                            in accordance with the same deadlines, terms,
                            and conditions, as an Inspector General of an
                            establishment under section 5 (other than
                            subsection (a)(13) thereof) of the Inspector
                            General Act of 1978 (5 U.S.C. App. 5). For
                            purposes of applying section 5 of such Act to
                            the Inspector General, the Chief of the Capitol
                            Police shall be considered the head of the
                            establishment. The Chief shall, within 30 days
                            of receipt of a report, report to the Capitol
                            Police Board, the Committee on House
                            Administration, the Senate Committee on Rules
                            and Administration, and the Committees on
                            Appropriations of the House of Representatives
                            and of the Senate consistent with section 5(b)
                            of such Act.
                    (3) Investigations of complaints of employees and
                members
                                (A) Authority

                                    The Inspector General may receive and
                                investigate complaints or information from
                                an employee or member of the Capitol Police
                                concerning the possible existence of an
                                activity constituting a violation of law,
                                rules, or regulations, or mismanagement,
                                gross waste of funds, abuse of authority, or
                                a substantial and specific danger to the
                                public health and safety, including
                                complaints or information the investigation
                                of which is under the jurisdiction of the
                                Internal Affairs Division of the Capitol
                                Police as of August 2, 2005.

                                (B) Nondisclosure

                                    The Inspector General shall not, after
                                receipt of a complaint or information from
                                an employee or member, disclose the identity
                                of the employee or member without the
                                consent of the employee or member, unless
                                required by law or the Inspector General
                                determines such disclosure is otherwise
                                unavoidable during the course of the
                                investigation.

                                (C) Prohibiting retaliation

                                    An employee or member of the Capitol
                                Police who has authority to take, direct
                                others to take, recommend, or approve any

    [[Page 754]]

                                personnel action, shall not, with respect to
                                such authority, take or threaten to take any
                                action against any employee or member as a
                                reprisal for making a complaint or
                                disclosing information to the Inspector
                                General, unless the complaint was made or
                                the information disclosed with the knowledge
                                that it was false or with willful disregard
                                for its truth or falsity.

                    (4) Independence in carrying out duties

                                    Neither the Capitol Police Board, the
                                Chief of the Capitol Police, nor any other
                                member or employee of the Capitol Police may
                                prevent or prohibit the Inspector General
                                from carrying out any of the duties or
                                responsibilities assigned to the Inspector
                                General under this section.

                (d) Powers
                    (1) In general
                                The Inspector General may exercise the same
                            authorities with respect to the United States
                            Capitol Police as an Inspector General of an
                            establishment may exercise with respect to an
                            establishment under section 6(a) of the
                            Inspector General Act of 1978 (5 U.S.C. App.
                            6(a)), other than paragraphs (7) and (8) of such
                            section.
                    (2) Staff
                                (A) In general

                                    The Inspector General may appoint and
                                fix the pay of such personnel as the
                                Inspector General considers appropriate.
                                Such personnel may be appointed without
                                regard to the provisions of Title 5
                                regarding appointments in the competitive
                                service, and may be paid without regard to
                                the provisions of chapter 51 and subchapter
                                III of chapter 53 of such title relating to
                                classification and General Schedule pay
                                rates, except that no personnel of the
                                Office (other than the Inspector General)
                                may be paid at an annual rate greater than
                                $500 less than the annual rate of pay of the
                                Inspector General under subsection (b)(4) of
                                this section.

                                (B) Experts and consultants

                                    The Inspector General may procure
                                temporary and intermittent services under
                                section 3109 of Title 5 United States Code
                                at rates not to exceed the daily equivalent
                                of the annual rate of basic pay for level IV
                                of the Executive Schedule under section 5315
                                of such title.

                                (C) Independence in appointing staff

                                    No individual may carry out any of the
                                duties or responsibilities of the Office
                                unless the individual is appointed by the
                                Inspector General, or provides services
                                procured by the Inspector General, pursuant
                                to this paragraph. Nothing in this
                                subparagraph may be construed to prohibit
                                the Inspector General from entering into a
                                contract or other arrangement for the
                                provision of services under this section.

                                (D) Applicability of Capitol Police
                            personnel rules

                                    None of the regulations governing the
                                appointment and pay of employees of the
                                Capitol Police shall apply with respect to
                                the appointment and compensation of the
                                personnel of the Office, except to the
                                extent agreed to by the Inspector General.
                                Nothing in the previous sentence may be
                                construed to affect subparagraphs (A)
                                through (C).

    [[Page 755]]

                    (3) Equipment and supplies
                                The Chief of the Capitol Police shall
                            provide the Office with appropriate and adequate
                            office space, together with such equipment,
                            supplies, and communications facilities and
                            services as determined by the Inspector General
                            to be necessary for the operation of the Office,
                            and shall provide necessary maintenance services
                            for such office space and the equipment and
                            facilities located therein.
                (e) Transfer of functions
                    (1) Transfer
                                To the extent that any office or entity in
                            the Capitol Police prior to the appointment of
                            the first Inspector General under this section
                            carried out any of the duties and
                            responsibilities assigned to the Inspector
                            General under this section, the functions of
                            such office or entity shall be transferred to
                            the Office upon the appointment of the first
                            Inspector General under this section.
                    (2) No reduction in pay or benefits
                                The transfer of the functions of an office
                            or entity to the Office under paragraph (1) may
                            not result in a reduction in the pay or benefits
                            of any employee of the office or entity, except
                            to the extent required under subsection
                            (d)(2)(A) of this section.
                (f) Effective date
                    This section shall be effective upon enactment of this
                Act.
                (g) Omitted

                (Pub.L. 109-55, Title I, Sec. 1004, Aug. 2, 2005, 119 Stat.
                572.)

           881  Sec. 1910. Report of disbursements.
                (a) In general
                    Not later than 60 days after the last day of each
                semiannual period, the Chief of the Capitol Police shall
                submit to Congress, with respect to that period, a detailed,
                itemized report of the disbursements for the operations of
                the United States Capitol Police.
                (b) Contents
                    The report required by subsection (a) of this section
                shall include--
                                (1) the name of each person or entity who
                            receives a payment from the Capitol Police and
                            the amount thereof;
                                (2) a description of any service rendered to
                            the Capitol Police, together with service dates;
                                (3) a statement of all amounts appropriated
                            to, or received or expended by, the Capitol
                            Police and any unexpended balances of such
                            amounts for any open fiscal year; and
                                (4) such additional information as may be
                            required by regulation of the Committee on House
                            Administration of the House of Representatives
                            or the Committee on Rules and Administration of
                            the Senate.
                (c) Printing
                    Each report under this section shall be printed as a
                House document.
                (d) Effective date
                    This section shall apply with respect to the semiannual
                periods of October 1 through March 31 and April 1 through
                September 30 of

    [[Page 756]]

                each year, beginning with the semiannual period in which
                this section is enacted. (Pub.L. 109-55, Title I, Sec. 1005,
                Aug. 2, 2005, 119 Stat. 575.)

                      Part B.--Compensation and Other Personnel Matters

           882  Sec. 1921. Repealed (Pub.L. 108-7, Div. H., Title I,
                    Sec. 1018(h)(2), Feb. 20, 2003, 117 Stat. 369).
           883

                Sec. 1922. Unified payroll administration.
                    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.)
                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.''
           884  Sec. 1925. Repealed Pub.L. 111-145, Sec.  5(a)(2)(B), Mar.
                    4, 2010, 124 Stat. 53.
           885

                Sec. 1926. Educational assistance program for employees.
                (a) Establishment
                    In order to recruit or retain qualified personnel, the
                Chief of the Capitol Police may establish an educational
                assistance program for employees of the Capitol Police under
                which the Capitol Police may agree--
                                (1) to repay (by direct payments on behalf
                            of the participating employee) all or any
                            portion of a student loan previously taken out
                            by the employee;
                                (2) to make direct payments to an
                            educational institution on behalf of a
                            participating employee or to reimburse a
                            participating employee for all or any portion of
                            any tuition or related educational expenses paid
                            by the employee.
                (b) Special rules for student loan repayments
                    (1) Application of regulations under executive branch
                program.--In carrying out subsection (a)(1) of this section,
                the Chief of the Capitol Police may, by regulation, make
                applicable such provisions of section 5379 of Title 5, as
                the Chief determines necessary to provide for such program.
                    (2) Restrictions on prior reimbursements.--The Capitol
                Police may not reimburse any individual under subsection
                (a)(1) of this section for any repayments made by the
                individual prior to entering into an agreement with the
                Capitol Police to participate in the program under this
                section.
                    (3) Use of recovered amounts.--Any amount repaid by, or
                recovered from, an individual under subsection (a)(1) of
                this section and its implementing regulations shall be
                credited to the appropriation account avail

    [[Page 757]]

                able for salaries or general expenses of the Capitol Police
                at the time of repayment or recovery. Such credited amount
                may be used for any authorized purpose of the account and
                shall remain available until expended.
                (c) Limit on amount of payments
                    The total amount paid by the Capitol Police with respect
                to any individual under the program under this section may
                not exceed $40,000.
                (d) No review of determinations
                    Any determination made under the program under this
                section shall not be reviewable or appealable in any manner.
                (e) Effective date
                    This section shall apply with respect to fiscal year
                2003 and each succeeding fiscal year. (Pub.L. 107-117, Div.
                B., Ch. 9, Sec. 908, Jan. 10, 2002, 115 Stat. 2319; Pub.L.
                108-7, Div. H, Title I, Sec. 1007, Feb. 20, 2003, 117 Stat.
                358.)
           886  Sec. 1927. Bonuses, retention allowances, and additional
                    compensation.
                (a) Recruitment and relocation bonuses
                    (1) Authorization of payment.--The Capitol Police Board
                (hereafter in this section referred to as the ``Board'') may
                authorize the Chief of the United States Capitol Police
                (hereafter in this section referred to as the ``Chief '') to
                pay a bonus to an individual who is newly appointed to a
                position as an officer or employee of the Capitol Police,
                and to pay an additional bonus to an individual who must
                relocate to accept a position as an officer or employee of
                the Capitol Police, if the Chief, in the Chief 's sole
                discretion, determines that such a bonus will assist the
                Capitol Police in recruitment efforts.
                    (2) Amount of payment.--The amount of a bonus under this
                subsection shall be determined by regulations of the Board,
                but the amount of any bonus paid to an individual under this
                subsection may not exceed 25 percent of the annual rate of
                basic pay of the position to which the individual is being
                appointed.
                    (3) Minimum period of service required.--Payment of a
                bonus under this subsection shall be contingent upon the
                individual entering into an agreement with the Capitol
                Police to complete a period of employment with the Capitol
                Police, with the required period determined pursuant to
                regulations of the Board. If the individual voluntarily
                fails to complete such period of service or is separated
                from the service before completion of such period of service
                for cause on charges of misconduct or delinquency, the
                individual shall repay the bonus on a pro rata basis.
                    (4) Bonus not considered part of basic pay.--A bonus
                under this subsection shall be paid as a lump sum, and may
                not be considered to be part of the basic pay of the officer
                or employee.
                    (5) Payment permitted prior to commencement of duty.--
                Under regulations of the Board, a bonus under this
                subsection may be paid to a newly-hired officer or employee
                before the officer or employee enters on duty.
                    (6) Determination not appealable or reviewable.--Any
                determination of the Chief under this subsection shall not
                be appealable or reviewable in any manner.

    [[Page 758]]

                (b) Retention allowances
                    (1) Authorization of payment.--The Board may authorize
                the Chief to pay an allowance to an officer or employee of
                the United States Capitol Police if the Chief, in the
                Chief's sole discretion, determines that such a bonus will
                assist the Capitol Police in retention efforts.
                    (2) Amount of payment.--A retention allowance, which
                shall be stated as a percentage of the rate of basic pay of
                the officer or employee, may not exceed 25 percent of such
                rate of basic pay.
                    (3) Payment not considered part of basic pay.--A
                retention allowance may not be considered to be part of the
                basic pay of an officer or employee, and any determination
                of the Chief under this subsection, or the reduction or
                elimination of a retention allowance, shall not be
                appealable or reviewable in any manner. The preceding
                sentence shall not be construed to extinguish or lessen any
                right or remedy under any of the laws made applicable to the
                Capitol Police pursuant to section 1302 of Title 2.
                    (4) Time and manner of payment.--A retention allowance
                under this subsection shall be paid at the same time and in
                the same manner as the officer's or employee's basic pay is
                paid.
                (c) Lump sum incentive and merit bonus payments
                    (1) In general.--The Board may pay an incentive or merit
                bonus to an officer or employee of the United States Capitol
                Police who meets such criteria for receiving the bonus as
                the Board may establish.
                    (2) Bonus not considered part of basic pay.--A bonus
                under this subsection shall be paid as a lump sum, and may
                not be considered to be part of the basic pay of the officer
                or employee.
                (d) Service step increases for meritorious service for
                    officers
                    Upon the approval of the Chief--
                                (1) an officer of the United States Capitol
                            Police in a service step who has demonstrated
                            meritorious service (in accordance with criteria
                            established by the Chief or the Chief 's
                            designee) may be advanced in compensation to the
                            next higher service step, effective with the
                            first pay period which begins after the date of
                            the Chief 's approval; and
                                (2) an officer of the United States Capitol
                            Police in a service step who has demonstrated
                            extraordinary performance (in accordance with
                            criteria established by the Chief or the Chief
                            's designee) may be advanced in compensation to
                            the second next higher service step, effective
                            with the first pay period which begins after the
                            date of the Chief 's approval.
                (e) Regulations
                    (1) In general.--The payment of bonuses, allowances,
                step increases, compensation, and other payments pursuant to
                this section shall be carried out in accordance with
                regulations prescribed by the Board.
                    (2) Repealed (Pub.L. 108-7, Div. H, Title I,
                Sec. 1004(2), Feb. 20, 2003, 117 Stat. 358).
                (f) Effective date
                    This section shall apply with respect to fiscal year
                2002 and each succeeding fiscal year. (Pub.L. 107-117, Div.
                B, Ch. 9, Sec. 909, Jan. 10,

    [[Page 759]]

                2002, 115 Stat. 2320; Pub.L. 108-7, Div. H, Title I,
                Sec. Sec. 1004, 1006, Feb. 20, 2003, 117 Stat. 358.)
           887  Sec. 1928. Suspension.
                    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.)
           888  Sec. 1929. Pay of members under suspension.
                    On or after March 3, 1875, whenever a member of the
                Capitol police or watch force is suspended from duty for
                cause, said policeman or watchman shall receive no
                compensation for the time of such suspension if he shall not
                be reinstated. (Mar. 3, 1875, ch. 129, Sec. 1, 18 Stat.
                345.)
           889  Sec. 1930. Applicable pay rate upon appointment.
                (a) In general
                    Notwithstanding any other provision of law, the rate of
                basic pay payable to an individual upon appointment to a
                position with the Capitol Police shall be at a rate within
                the minimum and maximum pay rates applicable to the
                position.
                (b) Effective date
                    This section shall apply to fiscal year 2003 and each
                fiscal year thereafter. (Pub.L. 108-7, Div. H, Title I,
                Sec. 1008, Feb. 20, 2003, 117 Stat. 359.)
           890  Sec. 1931. Additional compensation for employees with
                    specialty
                    assignments and proficiencies.
                (a) Establishment of positions
                    The Chief of the Capitol Police may establish and
                determine, from time to time, positions in salary classes of
                employees of the Capitol Police to be designated as
                employees with specialty assignments or proficiencies, based
                on the experience, education, training, or other appropriate
                factors required to carry out the duties of such employees.
                (b) Additional compensation
                    In addition to the regularly scheduled rate of basic
                pay, each employee holding a position designated under this
                section shall receive an amount determined by the Chief,
                except that--
                                (1) such amount may not exceed 25 percent of
                            the employee's annual rate of basic pay; and
                                (2) such amount may not be paid in a
                            calendar year to the extent that, when added to
                            the total basic pay paid or payable to such
                            employee for service performed in the year, such
                            amount would cause the total to exceed the
                            annual rate of basic pay payable for level II of
                            the Executive Schedule, as of the end of such
                            year.
                (c) Manner of payment
                    The additional compensation authorized by this
                subsection shall be paid to an employee in a manner
                determined by the Chief or his designee except when the
                employee ceases to be assigned to the specialty assignment
                or ceases to maintain the required proficiency. The loss of
                such

    [[Page 760]]

                additional compensation shall not constitute an adverse
                action for any purpose.
                (d) Determination not appealable or reviewable
                    Any determination under section (a) \1\ shall not be
                appealable or reviewable in any manner. (Pub.L. 108-7, div.
                H., title I, Sec. 1011, Feb. 20, 2003, 117 Stat. 360.)
                    \1\ So in original. Probably should read ``subsection
                    (a) of this section.''
           891  Sec. 1932. Application of premium pay limits on annualized
                    basis.
                (a) In general
                    Any limits on the amount of premium pay which may be
                earned by officers and members of the Capitol Police during
                emergencies (as determined by the Capitol Police Board)
                shall be applied by the Chief of the Capitol Police on an
                annual basis and not on a pay period basis. Any
                determination under this subsection shall not be reviewable
                or appealable in any manner.
                (b) Effective date
                    Subsection (a) of this section shall apply with respect
                to hours of duty occurring on or after September 11, 2001.
                (Pub.L. 108-7, Div. H, Title I, Sec. 1012, Feb. 20, 2003,
                117 Stat. 361.)

                                 Part C.--Uniforms and Arms

           892  Sec. 1941. Uniform.
                    The Capitol Police Board 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 from appropriations to the Capitol
                Police upon certification of payment by the Chief of the
                Capitol Police. Such arms so furnished or other arms as
                authorized by the Capitol Police Board shall be carried by
                each officer and member of the Capitol Police, while in the
                Capitol Building (as defined in (40 U.S.C. 5101)), and while
                within or outside of the boundaries of the United States
                Capitol Grounds (as defined in 40 U.S.C. 5102), in such
                manner and at such times as the Sergeant at Arms of the
                Senate and the Capitol Police Board 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; Pub.L. 108-447, Div. G, Title I,
                Sec. 1003, Dec. 8, 2004, 118 Stat. 3180.)
           893  Sec. 1943. Uniform; at whose expense.
                    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.)
           894  Sec. 1944. Wearing uniform on duty.
                    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.)

    [[Page 761]]

                     Part D.--United States Capitol Police Memorial Fund

           895  Sec. 1951. Establishment of United States Capitol Police
                    Memorial Fund.
                    There is hereby established in the Treasury of the
                United States the United States Capitol Police Memorial Fund
                (hereafter in this part referred to as the ``Fund''). All
                amounts received by the Capitol Police Board which are
                designated for deposit into the Fund shall be deposited into
                the Fund. (Pub.L. 105-223, Sec. 1, Aug. 7, 1998, 112 Stat.
                1250.)
           896  Sec. 1952. Payments from Fund for families of Detective
                    Gibson and Private First Class Chestnut.
                    Subject to the regulations issued under section 1954 of
                this title, amounts in the Fund shall be paid to the
                families of Detective John Michael Gibson and Private First
                Class Jacob Joseph Chestnut of the United States Capitol
                Police as follows:
                                (1) Fifty percent of such amount shall be
                            paid to the widow and children of Detective
                            Gibson.
                                (2) Fifty percent of such amount shall be
                            paid to the widow and children of Private First
                            Class Chestnut. (Pub.L. 105-223, Sec. 2, Aug. 7,
                            1998, 112 Stat. 1250.)
           897  Sec. 1954. Administration by Capitol Police Board.
                    The Capitol Police Board shall administer and manage the
                Fund (including establishing the timing and manner of making
                payments under section 1952 of this title) in accordance
                with regulations issued by the Board, subject to the
                approval of the Committee on Rules and Administration of the
                Senate and the Committee on House Oversight of the House of
                Representatives. Under such regulations, the Board shall pay
                any balance remaining in the Fund upon the expiration of the
                6-month period which begins on August 7, 1998 to the
                families of Detective John Michael Gibson and Private First
                Class Jacob Joseph Chestnut in accordance with section 1952
                of this title, and shall disburse any amounts in the Fund
                after the expiration of such period in such a manner as the
                Board may establish. Under such regulations, and using
                amounts in the Fund, a financial adviser or trustee, as
                appropriate, for the families of Detective John Michael
                Gibson and Private First Class Jacob Joseph Chestnut of the
                United States Capitol Police shall be appointed to advise
                the families respecting disbursements to them of amounts in
                the Fund. (Pub.L. 105-223, Sec. 4, Aug 7, 1998, 112 Stat.
                1250.)

                              Subchapter II.--Powers and Duties

           898  Sec. 1961. Policing of Capitol buildings and grounds.
                    (a) 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
                1922, 1966, 1967, and 1969 of this title (and regulations
                promulgated under section 1969 of this title), and chapter
                51 of Title 40, 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

    [[Page 762]]

                thereto: Provided, That for the fiscal year for which
                appropriations are made by this Act the Capitol Police shall
                have the additional authority to make arrests within the
                District of Columbia for crimes of violence, as defined in
                section 16 of title 18, committed within the Capitol
                Buildings and Grounds and shall have the additional
                authority to make arrests, without a warrant, for crimes of
                violence, as defined in section 16 of title 18, committed in
                the presence of any member of the Capitol Police performing
                official duties: Provided further, That the Metropolitan
                Police force of the District of Columbia are authorized to
                make arrests within the United States Capitol Buildings and
                Grounds for any violation of any such laws or regulations,
                but such authority shall not be construed as authorizing the
                Metropolitan Police force, except with the consent or upon
                the request of the Capitol Police Board, to enter such
                buildings to make arrests in response to complaints or to
                serve warrants or to patrol the United States Capitol
                Buildings and Grounds. For the purpose of this section, the
                word ``grounds'' shall include the House Office Buildings
                parking areas and that part or parts of property which have
                been or hereafter are acquired in the District of Columbia
                by the Architect of the Capitol, or by an officer of the
                Senate or the House, by lease, purchase, intergovernment
                transfer, or otherwise, for the use of the Senate, the
                House, or the Architect of the Capitol.
                    (b) For purposes of this section, ``the United States
                Capitol Buildings and Grounds'' shall include any building
                or facility acquired by the Sergeant at Arms of the Senate
                for the use of the Senate for which the Sergeant at Arms of
                the Senate has entered into an agreement with the United
                States Capitol Police for the policing of the building or
                facility.
                    (c) For purposes of this section, ``the United States
                Capitol Buildings and Grounds'' shall include any building
                or facility acquired by the Chief Administrative Officer of
                the House of Representative for the use of the House of
                Representatives for which the Chief Administrative Officer
                has entered into an agreement with the United States Capitol
                Police for the policing of the building or facility.
                    (d) For purposes of this section, ``United States
                Capitol Buildings and Grounds'' shall include the Library of
                Congress buildings and grounds described under section 11 of
                the Act entitled ``An Act relating to the policing of the
                buildings of the Library of Congress'', approved August 4,
                1950 (2 U.S.C. 167j), except that in a case of buildings or
                grounds not located in the District of Columbia, the
                authority granted to the Metropolitan Police Force of the
                District of Columbia shall be granted to any police force
                within whose jurisdiction the buildings or grounds are
                located. (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; Jan. 10, 2002, Pub.L. 107-117, Div. B, Ch. 9,
                Sec. Sec. 901(c)(2), 115 Stat. 2316, 2317; Aug. 2, 2002,
                Pub.L. 107-206, Title I, Sec. Sec. 902(b), 903(b), 116 Stat.
                876; Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I,
                Sec. 1016(c), 117 Stat. 365; Pub.L. 110-161, Div. H, Title
                I, Sec. 1004(d)(1)(A), (4), Dec. 26, 2007, 121 Stat. 2233,
                2234 and Pub.L. 110-178, Sec. 4(a)(1), (d), Jan. 7, 2008,
                121 Stat. 2551, 2552.)

    [[Page 763]]

                Note:
                    Section (d) is effective October 1, 2009.
           899  Sec. 1962. 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.)
           900  Sec. 1963. Protection of grounds.
                    It shall be the duty of the Capitol police on and after
                April 29, 1876, 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.)
           901  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 committed in their
                presence, or for any felony cognizable under the laws of the
                United States if they have reasonable grounds to believe
                that the person to be arrested has committed or is
                committing such felony; and (2) to utilize equipment and
                property of the Capitol Police.
                (d) Fines and penalties
                    Whoever knowingly and willfully obstructs, resists, or
                interferes with a member of the Capitol Police engaged in
                the performance of the protective functions authorized by
                this section, shall be fined not more than $300 or
                imprisoned not more than one year, or both.
                (e) Construction of provisions
                    Nothing contained in this section shall be construed to
                imply that the authority, duty, and function conferred on
                the Capitol Police Board and the United States Capitol
                Police are in lieu of or intended to supersede any
                authority, duty, or function imposed on any Federal
                department, agency, bureau, or other entity, or the
                Metropolitan Police of

    [[Page 764]]

                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.
           902  Sec. 1967. Law enforcement authority.
                (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;
                                (4) within the area described in subsection
                            (b)(1) of this section; and
                                (5) within the area described under
                            subsection (b)(2) of this section--

                                    (A) with respect to any crime of
                                violence committed in the presence of the
                                member, if the member is in the performance
                                of official duties, as defined under such
                                regulations, when the crime is committed;
                                and

                                    (B) To prevent imminent loss of life or
                                injury to person or property, if the officer
                                is in the performance of official duties, as
                                defined under such regulations, when the
                                authority is exercised.

                (b) Area
                    (1) 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.,

    [[Page 765]]

                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.
                    (2) The area referred to under subsection (a)(5) of this
                section is that area bounded by the north curb of
                Constitution Avenue from 14th Street, N.W., to 3rd Street,
                N.W., the east curb of 3rd Street from Constitution Avenue,
                N.W., to Independence Avenue, S.W., the south curb of
                Independence Avenue from 3rd Street, S.W., to 14th Street,
                S.W., and the west curb of 14th Street from Independence
                Avenue, S.W., to Constitution Avenue, 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, and
                amended Aug. 20, 1996, Pub.L. 104-186, Title II,
                Sec. 221(13), 110 Stat. 1750; Sept. 30, 2003, Pub.L. 108-83,
                Title I, Sec. 1003(a), 117 Stat. 1021.)
           903  Sec. 1969. Regulation of traffic by Capitol Police Board.
                (a) Exclusive charge and control of all vehicular and other
                    traffic
                    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 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) Promulgation of regulations
                    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.

    [[Page 766]]

                (c) Printing of regulations and effective dates
                    All regulations promulgated under the authority of this
                section shall, when adopted by the Capitol Police Board, be
                printed in one or more of the daily newspapers published in
                the District of Columbia, and shall not become effective
                until the expiration of ten days after the date of such
                publication, except that whenever the Capitol Police Board
                deems it advisable to make effective immediately any
                regulation relating to parking, diverting of vehicular
                traffic, or the closing of streets to such traffic, the
                regulation shall be effective immediately upon placing at
                the point where it is to be in force conspicuous signs
                containing a notice of the regulation. Any expenses incurred
                under this subsection shall be payable from the
                appropriation ``Uniforms and Equipment, Capitol Police''.
                (d) Cooperation with Mayor of District of Columbia
                    It shall be the duty of the Mayor of the District of
                Columbia, or any officer or employee of the government of
                the District of Columbia designated by said Mayor, 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.)
           904  Sec. 1970. Assistance by Executive departments and agencies.
                (a) Assistance
                    (1) In general
                                Executive departments and Executive agencies
                            may assist the United States Capitol Police in
                            the performance of its duties by providing
                            services (including personnel), equipment, and
                            facilities on a temporary and reimbursable basis
                            when requested by the Capitol Police Board and
                            on a permanent and reimbursable basis upon
                            advance written request of the Capitol Police
                            Board; except that the Department of Defense and
                            the Coast Guard may provide such assistance on a
                            temporary basis without reimbursement when
                            assisting the United States Capitol Police in
                            its duties directly related to protection under
                            sections 1922, 1961, 1966, 1967, and 1969 of
                            this title and section 5101 to 5107 and 5109 of
                            Title 40. Before making a request under this
                            paragraph, the Capitol Police Board shall
                            consult with appropriate Members of the Senate
                            and House of Representatives in leadership
                            positions, except in an emergency.
                    (2) Procurement
                                No services (including personnel),
                            equipment, or facilities may be ordered,
                            purchased, leased, or otherwise procured for the
                            purposes of carrying out the duties of the
                            United States Capitol Police by persons other
                            than officers or employees of the Federal
                            Government duly authorized by the Chairman of
                            the Capitol Police Board to make such orders,
                            purchases, leases, or procurements.
                    (3) Expenditures or obligation of funds
                                No funds may be expended or obligated for
                            the purpose of carrying out this section other
                            than funds specifically appropriated to the
                            Capitol Police Board or the United States
                            Capitol Police for those purposes with the
                            exception of--

    [[Page 767]]

                                    (A) expenditures made by the Department
                                of Defense or the Coast Guard from funds
                                appropriated to the Department of Defense or
                                the Coast Guard in providing assistance on a
                                temporary basis to the United States Capitol
                                Police in the performance of its duties
                                directly related to protection under
                                sections 1922, 1961, 1966, 1967, and 1969 of
                                this title and sections 5101 to 5107 and
                                5109 of Title 40; and

                                    (B) expenditures made by Executive
                                departments and agencies, in providing
                                assistance at the request of the United
                                States Capitol Police in the performance of
                                its duties, and which will be reimbursed by
                                the United States Capitol Police under this
                                section.

                    (4) Provision of assistance
                                Assistance under this section shall be
                            provided--

                                    (A) consistent with the authority of the
                                Capitol Police under sections 1961 and 1966
                                of this title;

                                    (B) upon the advance written request
                                of--

                                            (i) the Capitol Police Board; or

                                            (ii) in an emergency--

                                                    (I) the Sergeant at Arms
                                                and Doorkeeper of the Senate
                                                in any matter relating to
                                                the Senate; or
                                                    (II) the Sergeant at
                                                Arms of the House of
                                                Representatives in any
                                                matter relating to the House
                                                of Representatives; and

                                    (C)(i) on a temporary and reimbursable
                                basis;

                                    (ii) on a permanent reimbursable basis
                                upon advance written request of the Capitol
                                Police Board; or

                                    (iii) on a temporary basis without
                                reimbursement by the Department of Defense
                                and the Coast Guard as described under
                                paragraph (1).

                (b) Reports
                    (1) Submission
                                With respect to any fiscal year in which an
                            executive department or executive agency
                            provides assistance under this section, the head
                            of that department or agency shall submit a
                            report not later than 90 days after the end of
                            the fiscal year to the Chairman of the Capitol
                            Police Board.
                    (2) Content
                                The report submitted under paragraph (1)
                            shall contain a detailed account of all
                            expenditures made by the Executive department or
                            executive agency in providing assistance under
                            this section during the applicable fiscal year.
                    (3) Summary
                                After receipt of all reports under paragraph
                            (2) with respect to any fiscal year, the
                            Chairman of the Capitol Police Board shall
                            submit a summary of such reports to the
                            Committees on Appropriations of the Senate and
                            the House of Representatives.
                (c) Effective date
                    This section shall take effect on January 10, 2002, and
                apply to each fiscal year occurring after such date. (Pub.L.
                107-117, Div. B, Ch. 9, Sec. 911, Jan. 10, 2002, 115 Stat.
                2322.)

    [[Page 768]]

           905  Sec. 1971. Contributions of meals and refreshments during
                    emergency duty.
                    At any time on or after November 12, 2001, the United
                States Capitol Police may accept contributions of meals and
                refreshments in support of activities of the United States
                Capitol Police during a period of emergency (as determined
                by the Capitol Police Board). (Pub.L. 107-68, Title I,
                Sec. 121, Nov. 12, 2001, 115 Stat. 576.)
           906  Sec. 1972. Contributions of comfort and other incidental
                    items and services during Capitol Police emergency duty.
                    In addition to the authority provided under section 1971
                of this title, at any time on or after January 10, 2002, the
                Capitol Police Board may accept contributions of comfort and
                other incidental items and services to support officers and
                employees of the United States Capitol Police while such
                officers and employees are on duty in response to
                emergencies involving the safety of human life or the
                protection of property. (Pub.L. 107-117, Div. B, Ch. 9,
                Sec. 910, Jan. 10, 2002, 115 Stat. 2322.)
           907  Sec. 1973. Support and maintenance expenditures during
                    emergency duty.
                    At any time on or after November 12, 2001, the Capitol
                Police Board may incur obligations and make expenditures out
                of available appropriations for meals, refreshments and
                other support and maintenance for the Capitol Police when,
                in the judgment of the Capitol Police Board, such
                obligations and expenditures are necessary to respond to
                emergencies involving the safety of human life or the
                protection of property. (Pub.L. 107-68, Title I, Sec. 124,
                Nov. 12, 2001, 115 Stat. 576.)
           908  Sec. 1974. Capitol Police special officers.
                (a) In general
                    In the event of an emergency, as determined by the
                Capitol Police Board or in a concurrent resolution of
                Congress, the Chief of the Capitol Police may appoint--
                                (1) any law enforcement officer from any
                            Federal agency or State or local government
                            agency made available by that agency to serve as
                            a special officer of the Capitol Police within
                            the authorities of the Capitol Police in
                            policing the Capitol buildings and grounds; and
                                (2) any member of the uniformed services,
                            including members of the National Guard, made
                            available by the appropriate authority to serve
                            as a special officer of the Capitol Police
                            within the authorities of the Capitol Police in
                            policing the Capitol buildings and grounds.
                (b) Conditions of appointment
                    An individual appointed as a special officer under this
                section shall--
                                (1) serve without pay for service performed
                            as a special officer (other than pay received
                            from the applicable employing agency or
                            service);
                                (2) serve as a special officer no longer
                            than a period specified at the time of
                            appointment;
                                (3) not be a Federal employee by reason of
                            service as a special officer, except as provided
                            under paragraph (4); and

    [[Page 769]]

                                (4) shall be an employee of the Government
                            for purposes of chapter 171 of Title 28, if that
                            individual is acting within the scope of his
                            office or employment in service as a special
                            officer.
                (c) Qualifications
                    Any individual appointed under subsection (a) of this
                section shall be subject to--
                                (1) qualification requirements as the Chief
                            of the Capitol Police determines necessary; and
                                (2) approval by the Capitol Police Board.
                (d) Reimbursement agreements
                    Nothing in this section shall prohibit the Capitol
                Police from entering into an agreement for the reimbursement
                of services provided under this section with any Federal,
                State, or local agency.
                    (e) Any appointment under this section shall be subject
                to initial approval by the Capitol Police Board and to final
                approval by the Speaker of the House of Representatives (in
                consultation with the Minority Leader of the House of
                Representatives) and the President pro tempore of the Senate
                (in consultation with the Minority Leader of the Senate),
                acting jointly.
                    (f) Subject to approval by the Speaker of the House of
                Representatives (in consultation with the Minority Leader of
                the House of Representatives) and the President pro tempore
                of the Senate (in consultation with the Minority Leader of
                the Senate), acting jointly, the Capitol Police Board may
                prescribe regulations to carry out this section.
                (g) Effective date
                    This section shall take effect on Feb. 20, 2003, and
                shall apply to fiscal year 2003 and each fiscal year
                thereafter. (Pub.L. 108-7, Div. H, Title I, Sec. 1017, Feb.
                20, 2003, 117 Stat. 365.)
           909  Sec. 1975. Overseas travel.
                (a) Definition
                    In this section, the term ``United States'' means each
                of the several States of the United States, the District of
                Columbia, and the territories and possessions of the United
                States.
                (b) In general
                    A member of the Capitol Police may travel outside of the
                United States if--
                                (1) that travel is with, or in preparation
                            for, travel of a Senator, including travel of a
                            Senator as part of a congressional delegation;
                                (2) the member of the Capitol Police is
                            performing security advisory and liaison
                            functions (including advance security liaison
                            preparations) relating to the travel of that
                            Senator; and
                                (3) the Sergeant at Arms and Doorkeeper of
                            the Senate gives prior approval to the travel of
                            the member of the Capitol Police.
                (c) Law enforcement functions
                    Subsection (b) of this section shall not be construed to
                authorize the performance of law enforcement functions by a
                member of the Capitol Police in connection with the travel
                authorized under that subsection.

    [[Page 770]]

                (d) Reimbursement
                    The Capitol Police shall be reimbursed for the overtime
                pay, travel, and related expenses of any member of the
                Capitol Police who travels under the authority of this
                section. Any reimbursement under this subsection shall be
                paid from the account under the heading ``SERGEANT AT ARMS
                AND DOORKEEPER OF THE SENATE'' under the heading
                ``CONTINGENT EXPENSES OF THE SENATE''.
                (e) Amounts received
                    Any amounts received by the Capitol Police for
                reimbursements under subsection (d) of this section shall be
                credited to the accounts established for the general
                expenses or salaries of the Capitol Police, and shall be
                available to carry out the purposes of such accounts during
                the fiscal year in which the amounts are received and the
                following fiscal year.
                (f) Effective date
                    This section shall apply to fiscal year 2005 and each
                fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I,
                Sec. 12, Dec. 8, 2004, 118 Stat. 3171.)
           910  Sec. 1976. Acceptance of donations of animals.
                (a) In general
                    The Capitol Police may accept the donation of animals to
                be used in the canine units of the Capitol Police.
                (b) Effective date
                    This section shall apply with respect to fiscal year
                2005 and each fiscal year thereafter. (Pub.L. 108-447, Div.
                G, Title I, Sec. 1005, Dec. 8, 2004, 118 Stat. 3180.)
           911  Sec. 1977. Settlement and payment of tort claims.
                (a) Federal Tort Claims Act
                    (1) In general
                                Except as provided in paragraph (2), the
                            Chief of the Capitol Police, in accordance with
                            regulations prescribed by the Attorney General
                            and any regulations as the Capitol Police Board
                            may prescribe, may consider, ascertain,
                            determine, compromise, adjust, and settle, in
                            accordance with the provisions of chapter 171 of
                            Title 28, any claim for money damages against
                            the United States for injury or loss of property
                            or personal injury or death caused by the
                            negligent or wrongful act or omission of any
                            employee of the Capitol Police while acting
                            within the scope of his office or employment,
                            under circumstances where the United States, if
                            a private person, would be liable to the
                            claimant in accordance with the law of the place
                            where the act or omission occurred.
                    (2) Special rule for claims made by members of Congress
                and Congressional employees
                                (A) In general

                                    With respect to any claim described in
                                paragraph (1) which is made by a Member of
                                Congress or any officer or employee of
                                Congress, the Chief of the Capitol Police
                                shall--

    [[Page 771]]

                                            (i) not later than 14 days after
                                        the receipt of such a claim, notify
                                        the Chairman of the applicable
                                        Committee of the receipt of the
                                        claim; and

                                            (ii) not later than 90 days
                                        after the receipt of such a claim,
                                        submit a proposal for the resolution
                                        of such claim which shall be subject
                                        to the approval of the Chairman of
                                        the applicable Committee.

                                (B) Extension

                                    The 90-day period in subparagraph
                                (A)(ii) may be extended for an additional
                                period (not to exceed 90 days) for good
                                cause by the Chairman of the applicable
                                Committee, upon the request of the Chief of
                                the Capitol Police.

                                (C) Approval consistent with Federal Tort
                            Claims Act

                                    Nothing in this paragraph may be
                                construed to permit the Chairman of an
                                applicable Committee to approve a proposal
                                for the resolution of a claim described in
                                paragraph (1) which is not consistent with
                                the terms and conditions applicable under
                                chapter 171 of Title 28, to the resolution
                                of claims for money damages against the
                                United States.

                                (D) Applicable committee defined

                                    In this paragraph, the term ``applicable
                                Committee'' means--

                                            (i) the Committee on Rules and
                                        Administration of the Senate, in the
                                        case of a claim of a Senator or an
                                        officer or employee whose pay is
                                        disbursed by the Secretary of the
                                        Senate; or

                                            (ii) the Committee on House
                                        Administration of the House of
                                        Representatives, in the case of a
                                        Member of the House of
                                        Representatives (including a
                                        Delegate or Resident Commissioner to
                                        the Congress) or an officer or
                                        employee whose pay is disbursed by
                                        the Chief Administrative Officer of
                                        the House of Representatives.

                    (3) Head of agency
                                For purposes of section 2672 of Title 28,
                            the Chief of the Capitol Police shall be the
                            head of a Federal agency with respect to the
                            Capitol Police.
                    (4) Regulations
                                The Capitol Police Board may prescribe
                            regulations to carry out this subsection.
                (b) Claims of employees of Capitol Police
                    (1) In general
                                The Capitol Police Board may prescribe
                            regulations to apply the provisions of section
                            3721 of Title 31, for the settlement and payment
                            of a claim against the Capitol Police by an
                            employee of the Capitol Police for damage to, or
                            loss of personal property incident to service.
                    (2) Limitation
                                No settlement and payment of a claim under
                            regulations prescribed under this subsection may
                            exceed the limits applicable to the settlement
                            and payment of claims under section 3721 of
                            Title 31.
                (c) Rule of construction
                    Nothing in this section may be construed to affect--

    [[Page 772]]

                                (1) any payment under section 1304 of Title
                            31, of a final judgment, award, compromise
                            settlement, and interest and costs specified in
                            the judgment based on a claim against the
                            Capitol Police; or
                                (2) any authority for any--

                                    (A) settlement under section 1414 of
                                this title, or

                                    (B) payment under section 1415 of this
                                title.

                (d) Effective date
                    This section shall apply to fiscal year 2005 and each
                fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I,
                Sec. 1006, Dec. 8, 2004, 118 Stat. 3180.)
           912  Sec. 1978. Deployment outside of jurisdiction.
                (a) Requirements for prior notice and approval
                    The Chief of the Capitol Police may not deploy any
                officer outside of the areas established by law for the
                jurisdiction of the Capitol Police unless--
                                (1) the Chief provides prior notification to
                            the Committees on Appropriations of the House of
                            Representatives and Senate of the costs
                            anticipated to be incurred with respect to the
                            deployment; and
                                (2) the Capitol Police Board gives prior
                            approval to the deployment.
                (b) Exception for certain services
                    Subsection (a) of this section does not apply with
                respect to the deployment of any officer for any of the
                following purposes:
                                (1) Responding to an imminent threat or
                            emergency.
                                (2) Intelligence gathering.
                                (3) Providing protective services.
                (c) Effective date
                    This section shall apply with respect to fiscal year
                2005 and each succeeding fiscal year. (Pub.L. 108-447, Div.
                G, Title I, Sec. 1007, Dec. 8, 2004, 118 Stat. 3182.)
           913  Sec. 1979. Release of security information.
                (a) Definition
                    In this section, the term ``security information'' means
                information that--
                                (1) is sensitive with respect to the
                            policing, protection, physical security,
                            intelligence, counterterrorism actions, or
                            emergency preparedness and response relating to
                            Congress, any statutory protectee of the Capitol
                            Police, and the Capitol buildings and grounds;
                            and
                                (2) is obtained by, on behalf of, or
                            concerning the Capitol Police Board, the Capitol
                            Police, or any incident command relating to
                            emergency response.
                (b) Authority of board to determine conditions of release
                    Notwithstanding any other provision of law, any security
                information in the possession of the Capitol Police may be
                released by the Capitol Police to another entity, including
                an individual, only if the Capitol Police Board determines
                in consultation with other appropriate law en

    [[Page 773]]

                forcement officials, experts in security preparedness, and
                appropriate committees of Congress, that the release of the
                security information will not compromise the security and
                safety of the Capitol buildings and grounds or any
                individual whose protection and safety is under the
                jurisdiction of the Capitol Police.
                (c) Rule of construction
                    Nothing in this section may be construed to affect the
                ability of the Senate and the House of Representatives
                (including any Member, officer, or committee of either House
                of Congress) to obtain information from the Capitol Police
                regarding the operations and activities of the Capitol
                Police that affect the Senate and House of Representatives.
                (d) Regulations
                    The Capitol Police Board may promulgate regulations to
                carry out this section, with the approval of the Committee
                on Rules and Administration of the Senate and the Committee
                on House Administration of the House of Representatives.
                (e) Effective date
                    This section shall take effect on December 8, 2004 and
                apply with respect to--
                                (1) any remaining portion of fiscal year
                            2004, if this Act is enacted before October 1,
                            2004; and
                                (2) fiscal year 2005 and each fiscal year
                            thereafter. (Pub.L. 108-447, Div. G, Title I,
                            Sec. 1009, Dec. 8, 2004, 118 Stat. 3182.)
           914  Sec. 1980. Mounted horse unit.
                    (a) The United States Capitol Police may not operate a
                mounted horse unit during fiscal year 2006 or any succeeding
                fiscal year.
                    (b) Not later than 60 days after August 2, 2005, the
                Chief of the Capitol Police shall transfer to the Chief of
                the United States Park Police the horses, equipment, and
                supplies of the Capitol Police mounted horse unit which
                remain in the possession of the Capital Police as of such
                date. (Pub.L. 109-55, Title I, Sec. 1002, Aug. 2, 2005, 119
                Stat. 572.)
           915  Sec. 1981. Advance payments.
                    During fiscal year 2008 and each succeeding fiscal year,
                following notification of the Committees on Appropriations
                of the House of Representatives and the Senate, the Chief of
                the Capitol Police may make payments in advance for
                obligations of the United States Capitol Police for
                subscription services if the Chief determines it to be more
                prompt, efficient, or economical to do so. (Pub.L. 110-161,
                Div. H, Title I, Sec. 1002, Dec. 26, 2007, 121 Stat. 2227.)

                  Chapter 30.--OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

                                   Subchapter II.--Senate

           916  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

    [[Page 774]]

                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 125, 126.
                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.)
                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

    [[Page 775]]

                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.)
           917  Sec. 2022. Acquisition of buildings and facilities for use
                    in emergency situation.
                (a) Acquisition of buildings and facilities
                    Notwithstanding any other provision of law, in order to
                respond to an emergency situation, the Sergeant at Arms of
                the Senate may acquire buildings and facilities, subject to
                the availability of appropriations, for the use of the
                Senate, as appropriate, by lease, purchase, or such other
                arrangement as the Sergeant at Arms of the Senate considers
                appropriate (including a memorandum of understanding with
                the head of an executive agency, as defined in section 105
                of Title 5, in the case of a building or facility under the
                control of such Agency). Actions taken by the Sergeant at
                Arms of the Senate must be approved by the Committees on
                Appropriations and Rules and Administration.
                (b) Agreements
                    Notwithstanding any other provision of law, for purposes
                of carrying out subsection (a) of this section, the Sergeant
                at Arms of the Senate may carry out such activities and
                enter into such agreements related to the use of any
                building or facility acquired pursuant to such subsection as
                the Sergeant at Arms of the Senate considers appropriate,
                including--
                                (1) agreements with the United States
                            Capitol Police or any other entity relating to
                            the policing of such building or facility; and
                                (2) agreements with the Architect of the
                            Capitol or any other entity relating to the care
                            and maintenance of such building or facility.
                (c) Authority of Capitol Police and Architect
                    (1) Architect of the Capitol
                                Notwithstanding any other provision of law,
                            the Architect of the Capitol may take any action
                            necessary to carry out an agreement entered into
                            with the Sergeant at Arms of the Senate pursuant
                            to subsection (b) of this section.
                    (2) Omitted (Amended former 40 U.S.C.A. Sec. 212a; now 2
                U.S.C.A. Sec. 1961.)
                (d) Transfer of certain funds
                    Subject to the approval of the Committee on
                Appropriations of the Senate, the Architect of the Capitol
                may transfer to the Sergeant at

    [[Page 776]]

                Arms of the Senate amounts made available to the Architect
                for necessary expenses for the maintenance, care and
                operation of the Senate office buildings during a fiscal
                year in order to cover any portion of the costs incurred by
                the Sergeant at Arms of the Senate during the year in
                acquiring a building or facility pursuant to subsection (a)
                of this section.
                (e) Effective date
                    This section and the amendments made by this section
                shall apply with respect to fiscal year 2002 and each
                succeeding fiscal year. (Pub.L. 107-117, Div. B., Ch. 9,
                Sec. 90, Jan. 10, 2002, 115 Stat. 2315; Pub.L. 107-206,
                Title I, Sec. 902(a)(1), Aug. 2, 2002, 116 Stat. 876.)
           918  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 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 125, 126.
           919  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.)
           920  Sec. 2025. Senate garage.
                    (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

    [[Page 777]]

                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

           921  Sec. 2042. Senate Restaurants; management by Architect of
                    the 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. The provisions of section 5104(c) of Title
                40, except for the provisions relating to solicitation,
                shall not apply to any activity carried out pursuant to this
                section, subject to the approval of such activities by the
                Committee on Rules and Administration. (Pub.L. 87-82,
                Sec. 1, July 6, 1961, 75 Stat. 199; Pub.L. 106-57, Title I,
                Sec. 5, Sept. 29, 1999, 113 Stat. 412.)
           922  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.)
           923  Sec. 2044. Special deposit account.
                    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

    [[Page 778]]

                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.)
           924  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
                Government Accountability 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; Pub.L. 108-271,
                Sec. 8(b), July 7, 2004, 118 Stat. 814.)
           925  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.)
           926  Sec. 2047. Supersedure of prior provisions for maintenance
                    and operation of Senate Restaurants.
                    Sections 2042 to 2047 of this title 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.)
           927  Sec. 2048. Management personnel and miscellaneous expenses;
                    availability of appropriations; annual and sick leave.
                    On and after July 9, 1971, 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

    [[Page 779]]

                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, Title
                V, Sec. 529, Nov. 5, 1990, 104 Stat. 1440.)
           928  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.
                (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

           929  Sec. 2061. Designation of play area on Capitol grounds for
                    children attending day care center.
                (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

    [[Page 780]]

                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.
                (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.)
           930  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.

    [[Page 781]]

                (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.)
           931  Sec. 2064. Senate Employee 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

    [[Page 782]]

                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.
                (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--

    [[Page 783]]

                                (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.)
           932  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.
                (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 Capitol Preservation Commission

           933  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--

    [[Page 784]]

                                (1) providing for improvements in,
                            preservation of, and acquisitions for, the
                            United States Capitol;
                                (2) providing for works of fine art and
                            other property for display in the United States
                            Capitol and at other locations under the control
                            of the Congress; and
                                (3) conducting other activities that
                            directly facilitate, encourage, or otherwise
                            support any purposes specified in paragraph (1)
                            or (2).
                (b) Membership
                    The Commission shall be composed of the following
                Members of Congress:
                                (1) The President pro tempore of the Senate
                            and the Speaker of the House of Representatives,
                            who shall be co-chairmen.
                                (2) The Chairman and Vice-Chairman of the
                            Joint Committee on the Library.
                                (3) The Chairman and the ranking minority
                            party member of the Committee on Rules and
                            Administration of the Senate, and the Chairman
                            and the ranking minority party member of the
                            Committee on House Oversight of the House of
                            Representatives.
                                (4) The majority leader and the minority
                            leader of the Senate.
                                (5) The majority leader and the minority
                            leader of the House of Representatives.
                                (6) The Chairman of the Commission on the
                            Bicentennial of the United States Senate and the
                            Chairman of the Commission of the House of
                            Representatives Bicentenary, to be succeeded
                            upon expiration of such commissions, by a
                            Senator or Member of the House of
                            Representatives, as appropriate, appointed by
                            the Senate or House of Representatives co-
                            chairman of the Commission, respectively.
                                (7) One Senator appointed by the President
                            pro tempore of the Senate and one Senator
                            appointed by the minority leader of the Senate.
                                (8) One Member of the House of
                            Representatives appointed by the Speaker of the
                            House of Representatives and one Member of the
                            House of Representatives appointed by the
                            minority leader of the House of Representatives.
                (c) Designees
                    Each member of the Commission specified under subsection
                (b) of this section (other than a member under paragraph (7)
                or (8) of such subsection) may designate a Senator or Member
                of the House of Representatives, as the case may be, to
                serve as a member of the Commission in place of the member
                so specified.
                (d) Architect of the Capitol
                    In addition to the members under subsection (b) of this
                section, the Architect of the Capitol shall participate in
                the activities of the Commission, ex officio, and without
                the right to vote.
                (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.

    [[Page 785]]

                (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.)
           934  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.
                (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.)
           935  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--

    [[Page 786]]

                                (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.
                (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.)
           936  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.)
           937  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

    [[Page 787]]

                duties of the boards, at the discretion of the Commission.
                (Pub.L. 100-696, Title VIII, Sec. 805, Nov. 18, 1988, 102
                Stat. 4610.)
           938  Sec. 2086. Definition.
                    As used in sections 2081 to 2086 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

           939  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 Majority Leader and Minority Leader of the Senate
                shall be the Chairman and Vice Chairman, respectively, of
                the Commission. Three members of the Commission shall
                constitute a quorum for the transaction of business, except
                that the Commission may fix a lesser number which shall
                constitute a quorum for the taking of testimony. The
                Secretary of the Senate shall be the Executive Secretary of
                the Commission \1\
                    \1\ So in original. Probably should end with a period.
                (c) Appointment of Senate Curator; assignment of assistants
                    The Secretary of the Senate shall appoint a Senate
                Curator approved by the Senate Commission on Art. The Senate
                Curator shall be an employee of the Secretary of the Senate
                assigned to assist the Commission. The Secretary of the
                Senate shall assign additional employees to assist the
                Commission, and provide such other assistance, as the
                Commission determines 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; Pub.L. 108-83, Title I, Sec. 3, Sept. 30,
                2003, 117 Stat. 1010.)
           940  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

    [[Page 788]]

                for placement and exhibition in the Senate wing of the
                Capitol, the Senate Office Buildings, or in rooms, spaces,
                or corridors thereof.
                (b) Issuance and publication of regulations
                    The Commission shall prescribe such regulations as it
                deems necessary for the care, protection, and placement of
                such works of art, exhibits, and historical objects in the
                Senate wing of the Capitol and the Senate Office Buildings,
                and for their acceptance on behalf of the Senate, its
                committees, and officers. Such regulations shall be
                published in the Congressional Record at such time or times
                as the Commission may deem necessary for the information of
                the Members of the Senate and the public.
                (c) Consistency of regulations
                    Regulations authorized by the provisions of section 193
                of this title to be issued by the Sergeant at Arms of the
                Senate for the protection of the Capitol, and any
                regulations issued, or activities undertaken, by the
                Committee on Rules and Administration of the Senate, or the
                Architect of the Capitol, in carrying out duties relating to
                the care, preservation, and protection of the Senate wing of
                the Capitol and the Senate Office Buildings, shall be
                consistent with such rules and regulations as the Commission
                may issue pursuant to subsection (b) of this section.
                (d) Responsibilities of Committee on Rules and
                    Administration of the Senate
                    The Committee on Rules and Administration of the Senate
                in consultation with the Architect of the Capitol and
                consistent with regulations prescribed by the Commission
                under subsection (b) of this section, shall have
                responsibility for the supervision, protection, and
                placement of all works of art, historical objects, and
                exhibits which shall have been accepted on behalf of the
                Senate by the Commission or acknowledged as United States
                property by inventory of the Commission, and which may be
                lodged in the Senate wing of the Capitol or the Senate
                Office Building by the Commission. (Pub.L. 100-696, Title
                IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610,
                4611.)
           941  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 and of the
                Old Supreme Court Chamber insofar as each 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; Pub.L. 107-68,
                Title I, Sec. 108(a), Nov. 12, 2001, 115 Stat. 569.)
           942  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.)

    [[Page 789]]

           943  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 such amount as may be necessary 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; Pub.L. 107-68,
                Title I, Sec. 108(b), Nov. 12, 2001, 115 Stat. 569.)
           944  Sec. 2106. Repealed (Pub.L. 108-83, Title I, Sec. 3(a)3,
                    Sept. 30, 2003, 117 Stat. 1010).
           945

                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, 2006
                and each fiscal year thereafter, subject to the approval of
                the Committee on Appropriations of the Senate, any
                unexpended and unobligated funds in the appropriation
                account for the ``Secretary of the Senate'' within the
                contingent fund of the Senate which have not been withdrawn
                in accordance with section 102a of Title 2 shall be
                available for the expenses incurred, without regard to the
                fiscal year in which incurred, for the purchase of art and
                historical objects for the United States Senate Collection,
                for exhibits and public education relating to the United
                States Senate Collection, for administrative and
                transitional expenses of the Senate Commission on Art, and
                for the conservation, restoration, and replication or
                replacement, in whole or in part, of works of art,
                historical objects, documents, or material relating to
                historical matters for placement of exhibition 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 works,
                objects, documents or material, the funds available under
                this subsection shall be available for any such works,
                objects, documents or material previously contained within
                the Senate wing of the Capitol, or works, objects, document,
                or material historically accurate.
                (b) United States Senate Collection
                    All such works, objects, documents or material referred
                to in subsection (a) of this section shall be known as the
                ``United States Senate 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,

    [[Page 790]]

                1998, 112 Stat. 2457, Sept. 29, 1999; Pub.L. 106-57,
                Sec. 309, 113 Stat. 427; Pub.L. 106-554, Sec. 1(a)(2) [Title
                I, Sec. 8, Title III, Sec. 309], Dec. 21, 2000, 114 Stat.
                2763, 2763A-98, 2763A-119; Pub.L. 107-68, Title III,
                Sec. 308, Nov. 12, 2001, 115 Stat. 592; Pub.L. 108-7, Div.
                H, Title II, Sec. 207, Feb. 20, 2003, 117 Stat. 383; Pub.L
                108-83, Title I, Sec. Sec. 3(d)(2), 7, Sept. 30, 2003, 117
                Stat. 1013; Pub.L. 108-447, Div. G, Title I, Sec. 3, Dec. 8,
                2004, 118 Stat. 3169; Pub.L. 109-55, Title I, Sec. 3, Aug.
                2, 2005, 119 Stat. 568.)
           946  Sec. 2108. Provisions relating to Senate Commission on Art.
                (a) Authority to acquire and dispose
                    (1) In general
                                The Senate Commission on Art (referred to in
                            this section as the ``Commission'') may--

                                    (A) accept gifts of money; and

                                    (B) acquire (by gift, purchase, or
                                otherwise) 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.

                    (2) Accession or disposal
                                All works of art, historical objects,
                            documents, or material related to historical
                            matters, or exhibits, acquired by the Commission
                            may, as determined by the Commission and after
                            consultation with the Curatorial Advisory Board,
                            be--

                                    (A) retained for accession to the United
                                States Senate Collection or other use; or

                                    (B) disposed of by sale or other
                                transaction.

                    (3) Omitted
                (b) Advisory boards
                    (1) Curatorial Advisory Board
                                There is established a Board which shall be
                            chaired by the Senate Curator. The Curatorial
                            Advisory Board shall provide advice and
                            assistance to the Commission on the acquisition,
                            care, and disposition of items for or within the
                            United States Senate Collection, and on such
                            other matters as the Commission determines
                            appropriate.
                    (2) Additional advisory boards
                                (A) In general

                                    The Commission, or the chairman and vice
                                chairman acting jointly on behalf of the
                                Commission and after giving notice to the
                                Commission, may establish 1 or more
                                additional advisory boards.

                                (B) Term

                                    The term of existence for an additional
                                advisory board--

                                            (i) shall be specified by the
                                        Commission but no longer than 4
                                        years; and

                                            (ii) shall be renewable.

                                (C) Purpose

                                    The purpose of an additional advisory
                                board shall be to provide advice and
                                assistance to the Commission and to further
                                the purposes of the Commission.

    [[Page 791]]

                    (3) Appointments
                                (A) In general

                                    Subject to subparagraph (B), the
                                Curatorial Advisory Board and other advisory
                                boards established by the Commission under
                                paragraph (2) shall be composed of members
                                appointed by the Commission, or the chairman
                                and vice chairman acting jointly on behalf
                                of the Commission and after giving notice to
                                the Commission.

                                (B) Applicable rules

                                    Members appointed under subparagraph
                                (A)--

                                            (i) shall be appointed from
                                        public and private life and shall
                                        serve at the pleasure of the
                                        Commission; and

                                            (ii) in the case of individuals
                                        appointed to the Curatorial Advisory
                                        Board, shall be experts or have
                                        significant experience in the field
                                        of arts, historic preservation, or
                                        other appropriate fields.

                                    Each member of the Commission may have
                                appointed to an advisory board created by
                                the Commission at least 1 individual
                                requested by that member.

                    (4) Members
                                A member of a board under this subsection--

                                    (A) may, at the discretion of the
                                Commission, be reimbursed for actual and
                                necessary expenses incurred in the
                                performance of the official duties of the
                                board from any funds available to the
                                Commission in accordance with applicable
                                Senate regulations for such expenses; and

                                    (B) shall not, by virtue of such
                                member's service on the board, be deemed to
                                be an officer, employee, or agent of the
                                Senate and may not bind the Senate in any
                                contract or obligation.

                    (5) Terms for additional advisory board members
                                Members appointed to the other advisory
                            boards created under paragraph (2) shall serve
                            for terms as stated in their appointment, but no
                            longer than a term of 4 years, except that any
                            member may be reappointed upon the expiration of
                            their term.
                    (6) Regulations
                                The Commission, or the chairman and vice
                            chairman acting jointly on behalf of the
                            Commission and after giving notice to the
                            Commission, in consultation with the Committee
                            on Rules and Administration, may promulgate such
                            regulations governing advisory boards
                            established under this subsection as are
                            necessary to carry out the purposes of this
                            subsection.
                    (7) Assistance
                                The Executive Secretary of the Commission
                            shall provide assistance to an advisory board as
                            authorized by the Commission.
                (c) Establishment of Senate Preservation Fund
                    (1) Establishment
                                There is established in the Treasury a fund,
                            to be known as the ``Senate Preservation Fund''
                            (in this section referred to as the ``fund''),
                            which shall consist of amounts deposited and
                            credited under paragraph (3).
                    (2) Payment of costs

    [[Page 792]]

                                The fund shall be available to the
                            Commission for the payment of acquisition and
                            transaction costs incurred for acquisitions
                            under subsection (a) of this section, for
                            official activities of any advisory board
                            established under subsection (b) of this
                            section, for any purposes for which funds from
                            the contingent fund of the Senate may be used
                            under section 2107(a) of this title, and for
                            expenditures, not to exceed $10,000 in any
                            fiscal year, for meals and refreshments in
                            Capitol facilities in connection with official
                            activities of the Commission or other authorized
                            programs or activities.
                    (3) Deposits, credits, and disbursements
                                (A) Deposits

                                    The Commission shall deposit in the fund
                                amounts appropriated for use of the fund,
                                gifts of money, and proceeds of transactions
                                under subsection (a) of this section.

                                (B) Credits

                                    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.

                                (C) Disbursements

                                    Disbursements from the fund shall be
                                made on vouchers approved by the Commission
                                and signed by the Executive Secretary of the
                                Commission.

                    (4) Investments
                                (A) In general

                                    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.

                                (B) Type of obligation

                                    Each investment required by this
                                paragraph shall be made in an interest
                                bearing obligation of the United States or
                                an obligation guaranteed as to the principal
                                and interest by the United States that, as
                                determined by the Commission, has a maturity
                                suitable for the fund.

                                (C) Commission approval

                                    In carrying out this subsection, the
                                Secretary of the Treasury may make such
                                purchases, sales, and redemption of
                                obligations as may be approved by the
                                Commission.

                    (5) Services and support
                                The Library of Congress shall provide
                            financial management and disbursing services and
                            support to the Commission as may be required and
                            mutually agreed to by the Librarian of Congress
                            and the Executive Secretary of the Commission.
                    (6) Audits
                                The Comptroller General of the United States
                            shall conduct annual audits of the Senate
                            Preservation Fund and shall report the results
                            of each audit to the Commission.

    [[Page 793]]

                (d) Omitted (Pub.L. 108-83, Title I, Sec. 3, Sept. 30, 2003,
                    117 Stat. 1010; Pub.L. 109-55, Title I, Sec. 4, Aug. 2,
                    2005, 119 Stat. 568.)

                                   Part D.--Miscellaneous

           947  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.)
           948  Sec. 2131a. Eligibility for placement of statues in National
                    Statuary Hall.
                (a) Eligibility
                    No statue of any individual may be placed in National
                Statuary Hall until after the expiration of the 10-year
                period which begins on the date of the individual's death.
                (b) Exceptions
                    Subsection (a) of this section does not apply with
                respect to--
                                (1) the statue obtained and placed in
                            National Statuary Hall under this Act; or
                                (2) any statue provided and furnished by a
                            State under section 2131 of this title or any
                            replacement statue provided by a State under
                            section 2132 of this title. (Pub.L. 109-116,
                            Sec. 2, Dec. 1, 2005, 119 Stat. 2524.)
           949  Sec. 2132. Replacement of statue in Statuary Hall.
                (a) Request by State
                    (1) Any State may request the Joint Committee on the
                Library of Congress to approve the replacement of a statue
                the State has provided for display in Statuary Hall in the
                Capitol of the United States under section 2131 of this
                title.
                    (2) A request shall be considered under paragraph (1)
                only if--
                                (A) the request has been approved by a
                            resolution adopted by the legislature of the
                            State and the request has been approved by the
                            Governor of the State, and
                                (B) the statue to be replaced has been
                            displayed in the Capitol of the United States
                            for at least 10 years as of the time the request
                            is made, except that the Joint Committee may
                            waive this requirement for cause at the request
                            of a State.

    [[Page 794]]

                (b) Agreement upon approval
                    If the joint committee on the Library of Congress
                approves a request under subsection (a) of this section, the
                Architect of the Capitol shall enter into an agreement with
                the State to carry out the replacement in accordance with
                the request and any conditions the Joint Committee may
                require for its approval. Such agreement shall provide
                that--
                                (1) the new statue shall be subject to the
                            same conditions and restrictions as apply to any
                            statue provided by a State under section 2131 of
                            this title, and
                                (2) the State shall pay any costs related to
                            the replacement, including costs in connection
                            with the design, construction, transportation,
                            and placement of the new statue, the removal and
                            transportation of the statue being replaced, and
                            any unveiling ceremony.
                (c) Limitation on number of State statues
                    Nothing in this section shall be interpreted to permit a
                State to have more than two statues on display in the
                Capitol of the United States.
                (d) Ownership of replaced statue; removal
                    (1) Subject to the approval of the Joint Committee on
                the Library, ownership of any statue replaced under this
                section shall be transferred to the State.
                    (2) If any statue is removed from the Capitol of the
                United States as part of a transfer of ownership under
                paragraph (1), then it may not be returned to the Capitol
                for display unless such display is specifically authorized
                by Federal law.
                (e) Relocation of statue
                    The Architect of the Capitol, upon the approval of the
                Joint Committee on the Library and with the advice of the
                Commission of Fine Arts as requested, is authorized and
                directed to relocate within the United States Capitol any of
                the statues received from the States under section 2131 of
                this title prior to December 21, 2000, and to provide for
                the reception, location, and relocation of the statues
                received hereafter from the States under such section.
                (Pub.L. 106-554, Sec. 1(a)(2) [Title III, Sec. 311], Dec.
                21, 2000, 114 Stat. 2763, 2763A-119.)
           950  Sec. 2133. Acceptance and supervision of 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.''

    [[Page 795]]

           951  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.)
           952  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.--Botanic Garden and National Garden

           953  Sec. 2141. Supervision of Botanic Garden.
                    The supervision of the Capitol police shall extend over
                the Botanical Garden. (R.S. Sec. 1826.)
           954  Sec. 2142. Superintendent, etc., of Botanic 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.)
           955  Sec. 2145. Restriction on use of appropriation for Botanic
                    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.)
           956  Sec. 2146. National Garden.
                (a) Establishment; gifts
                    The Architect of the Capitol, subject to the direction
                of the Joint Committee on the Library, is authorized to--
                                (1) construct a National Garden
                            demonstrating the diversity of plants, including
                            the rose, our national flower, to be located
                            between Maryland and Independence Avenues, S.W.,
                            and extending from the Botanic Garden
                            Conservatory to Third Streets, S.W., in the
                            District of Columbia; and
                                (2) solicit, receive, accept, and hold
                            gifts, including money, plant material, and
                            other property, on behalf of the Botanic Garden,
                            and to dispose of, utilize, obligate, expend,
                            disburse, and administer such gifts for the
                            benefit of the Botanic Garden, including among
                            other things, the carrying out of any programs,
                            duties, or functions of the Botanic Garden, and
                            for constructing, equipping, and maintaining the
                            National Garden referred to in paragraph (1).
                (b) Gifts and bequests of money; appropriations
                    (1) Gifts or bequests of money under subsection (a)(2)
                of this section shall, when received by the Architect, be
                deposited with the Treasurer of the United States, who shall
                credit these deposits as offsetting collections to an
                account entitled ``Botanic Garden, Gifts and Donations.''
                The gifts or bequests described under subsection (a)(2) of
                this section shall be accepted only in the total amount
                provided in appropriations acts.

    [[Page 796]]

                    (2) The Secretary of the Treasury shall invest any
                portion of the account designated in paragraph (1) that, as
                determined by the Architect, is not required to meet current
                expenses. Each investment shall be made in an interest-
                bearing obligation of the United States or an obligation
                guaranteed both as to principal and interest by the United
                States that, as determined by the Architect, has a maturity
                date suitable for the purposes of the account. The Secretary
                of the Treasury shall credit interest earned on the
                obligations to the account.
                    (3) Receipts, obligations, and expenditures of funds
                under this section shall be included in annual estimates
                submitted by the Architect for the operation and maintenance
                of the Botanic Garden and such funds shall be expended by
                the Architect, without regard to section 5 of Title 41, for
                the purposes of this section after approval in appropriation
                Acts. All such sums shall remain available until expended,
                without fiscal year limitation.
                (c) Donations of personal services
                    (1) In carrying out this section and his duties, the
                Architect of the Capitol may accept personal services,
                including educationally related work assignments for
                students in nonpay status, if the service is to be rendered
                without compensation.
                    (2) No person shall be permitted to donate his or her
                personal services under this section unless such person has
                first agreed, in writing, to waive any and all claims
                against the United States arising out of or in connection
                with such services, other than a claim under the provisions
                of chapter 81 of Title 5.
                    (3) No person donating personal services under this
                section shall be considered an employee of the United States
                for any purpose 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 Botanic Garden.
                (d) Tax deductions
                    Any gift accepted by the Architect of the Capitol under
                this section shall be considered a gift to the United States
                for purposes of income, estate, and gift tax laws of the
                United States. (Pub.L. 100-458, Title III, Sec. 307E, Oct.
                1, 1988, 102 Stat. 2183; Pub.L. 102-229, Title II,
                Sec. 209(a), Dec. 12, 1991, 105 Stat. 1716; Pub.L. 104-53,
                Title II, Sec. 201(b), Nov. 19, 1995, 109 Stat. 529; Pub.L.
                105-275, Title II, Sec. 201, Oct. 21, 1998, 112 Stat. 2445.)

                        Subchapter VII.--Other Entities and Services

           957  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 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 nec

    [[Page 797]]

                essary 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 5107 and 5109
                of title 40 and sections 1922, 1961, 1966, 1967, and 1969 of
                this title.
                (g) Designation; employment of services under supervision
                    and control of Architect of Capitol; joint approval and
                    direction of Speaker and President pro tempore; annual
                    estimates to Congress; regulations governing Architect
                    of Capitol
                    The building constructed on the real property acquired
                under this section shall be designated the ``John W.
                McCormack Residential Page

    [[Page 798]]

                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,
                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,

    [[Page 799]]

                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 therefor 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.)
           958  Sec. 2162a. Promoting maximum efficiency in operation of
                    Capitol Power Plant.
                (a) Steam boilers
                    (1) In general
                                The Architect of the Capitol shall take such
                            steps as may be necessary to operate the steam
                            boilers at the Capitol Power Plant in the most
                            energy efficient manner possible to minimize
                            carbon emissions and operating costs, including
                            adjusting steam pressures and adjusting the
                            operation of the boilers to take into account
                            variations in demand, including seasonality, for
                            the use of the system.
                    (2) Effective date
                                The Architect shall implement the steps
                            required under paragraph (1) not later than 30
                            days after December 19, 2007.
                (b) Chiller plant
                    (1) In general
                                The Architect of the Capitol shall take such
                            steps as may be necessary to operate the chiller
                            plant at the Capitol Power Plant in the most
                            energy efficient manner possible to minimize
                            carbon emissions and operating costs, including
                            adjusting water temperatures and adjusting the
                            operation of the chillers to take into account
                            variations in demand, including seasonality, for
                            the use of the system.
                    (2) Effective date
                                The Architect shall implement the steps
                            required under paragraph (1) not later than 30
                            days after December 19, 2007.

    [[Page 800]]

                (c) Meters
                    Not later than 90 days after December 19, 2007, the
                Architect of the Capitol shall evaluate the accuracy of the
                meters in use at the Capitol Power Plant and correct them as
                necessary.
                (d) Report on implementation
                    Not later than 180 days after December 19, 2007, the
                Architect of the Capitol shall complete the implementation
                of the requirements of this section and submit a report
                describing the actions taken and the energy efficiencies
                achieved to the Committee on Transportation and
                Infrastructure of the House of Representatives, the
                Committee on Commerce, Science, and Transportation of the
                Senate, the Committee on House Administration of the House
                of Representatives, and the Committee on Rules and
                Administration of the Senate. (Pub.L. 110-140, Title V,
                Sec. 504, Dec. 19, 2007, 110 Stat. 1656.)
           959  Sec. 2163. Capitol Grounds shuttle service.
                    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.)

           960  Sec. 2165. Capitol educational and informational center and
                    information and distribution stations; operation
                    agreements.
                    Notwithstanding any other provision of law, the
                Architect of the Capitol, in consultation with the House
                Office Building Commission and the Senate Office Building
                Commission, is hereby authorized and directed to provide
                adequate space and facilities in the Capitol Building for an
                educational and informational center and information and
                distribution stations to afford visitors to the Capitol
                Building an opportunity to acquire (1) information relative
                to Congressional offices, (2) assistance relative to their
                visit to the Capitol, (3) pamphlets, books, drawings, slides
                and photographs, and related materials, and (4) information
                about the Capitol and the history of the Capitol Building
                and past and present Congresses. All materials distributed
                by such educational and informational center and such
                stations shall first be approved by the Architect of the
                Capitol, after consultation with the House Committee on
                House Oversight of the House of Representatives, the Senate
                Committee on Rules and Administration, the United States
                Capitol Historical Society, and such other educational and
                historical groups as the Architect of the Capitol deems
                appropriate. The Architect of the Capitol is hereby
                authorized to enter into such agreements as may be
                reasonably necessary to operate such educational and
                informational center and stations. (Mar. 12, 1968, Pub.L.
                90-264, Sec. 301, 82 Stat. 46; Aug. 20, 1996, Pub.L. 104-
                186, Title II, Sec. 221(16), 110 Stat. 1750.)
           961

                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

    [[Page 801]]

                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.
                (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

    [[Page 802]]

                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.
                    (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.
                (Pub.L. 91-510, Title IV, Sec. 441, Oct. 26, 1970, 84 Stat.
                1190; Pub.L. 95-94, Title I, Aug. 5, 1977, 91 Stat. 671;
                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.)
           962  Sec. 2168. Memorandum of understanding for provision of
                    services of the United States Capitol telephone exchange
                    for the House.
                (a) In general
                    The Chief Administrative Officer of the House of
                Representatives and the Sergeant at Arms and Doorkeeper of
                the Senate may enter into a memorandum of understanding
                under which the Sergeant at Arms and Doorkeeper shall
                provide all services of the United States Capitol telephone
                exchange for the House of Representatives, in accordance
                with

    [[Page 803]]

                such terms and conditions as may be provided in the
                memorandum of understanding.
                (b) Transfer of positions and personnel
                    For any period during which a memorandum of
                understanding is in effect pursuant to this section--
                                (1) all positions in the United States
                            Capitol telephone exchange for which the
                            employing authority is the Chief Administrative
                            Officer shall be transferred to the Sergeant at
                            Arms and Doorkeeper;
                                (2) all employees in the United States
                            Capitol telephone exchange for whom the
                            employing authority is the Chief Administrative
                            Officer shall be transferred to, and appointed
                            by, the Sergeant at Arms and Doorkeeper; and
                                (3) the Sergeant at Arms and Doorkeeper
                            shall serve as the employing authority for all
                            personnel of the United States Capitol telephone
                            exchange.
                (c) Pay and leave accrual
                    In carrying out a memorandum of understanding pursuant
                to this section, the Sergeant at Arms and Doorkeeper shall
                ensure that, with respect to any employee of the United
                States Capitol telephone exchange whose employing authority
                prior to the effective date of the memorandum was the Chief
                Administrative Officer--
                                (1) the rate of pay and leave accrual for
                            the employee shall not be less than the
                            employee's rate of pay and leave accrual for the
                            most recent pay period prior to such date,
                            unless--

                                    (A) the employee does not remain in the
                                same position with the exchange; or

                                    (B) the rate of pay or leave accrual is
                                reduced for cause; and

                                (2) any leave accrued by the employee that
                            remains unused as of such date shall be
                            transferred to the employee and made available
                            for the employee to use under the same terms and
                            conditions that applied to the use of the leave
                            prior to such date.
                (d) Omitted
                (e) Reimbursement of expenses by House
                                (1) A memorandum of understanding under this
                            section may include a provision requiring the
                            reimbursement by the House of Representatives
                            during a fiscal year (paid out of the applicable
                            accounts of the House) of the expenses incurred
                            by the Sergeant at Arms and Doorkeeper during
                            the fiscal year in carrying out the memorandum
                            with respect to the employees of the United
                            States Capitol telephone exchange whose
                            employing authority prior to the effective date
                            of the memorandum was the Chief Administrative
                            Officer.
                                (2) Any reimbursement made pursuant to this
                            subsection--

                                    (A) in the case of a reimbursement for
                                salaries or agency contributions and related
                                expenses, shall be deposited in the account
                                under the heading ``OFFICE OF THE SERGEANT
                                AT ARMS AND DOORKEEPER'' or ``AGENCY
                                CONTRIBUTIONS AND RELATED EXPENSES'', under
                                the heading ``SALARIES, OFFICERS AND
                                EMPLOYEES''; and

                                    (B) in the case of a reimbursement for
                                expenses, shall be deposited in the account
                                under the heading ``SERGEANT AT

    [[Page 804]]

                                ARMS AND DOORKEEPER OF THE SENATE'' under
                                the heading ``CONTINGENT EXPENSES OF THE
                                SENATE''.

                                (3) Any funds deposited under paragraph (2)
                            shall be available in like manner and for the
                            same purposes as are other funds in the account
                            to which the funds were deposited.
                (f) Effective date
                    This section and the amendment made by this section
                shall apply with respect to fiscal year 2005 and each
                succeeding fiscal year. (Pub.L. 108-447, Div. G, Title II,
                Sec.  215, Dec. 8, 2004, 118 Stat. 3197.)

                               Subchapter VIII.--Miscellaneous

           963  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.)
           964  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.
           965  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.)

                             Chapter 31.--CAPITOL VISITOR CENTER

                                  Subchapter I.--In General

           966  Sec.  2201. Designation of facility as Capitol Visitor
                    Center; purposes of facility; treatment of the Capitol
                    Visitor Center.
                (a) Designation
                    The facility authorized for construction under the
                heading ``CAPITOL VISITOR CENTER'' under chapter 5 of title
                II of division B of the Omnibus Consolidated and Emergency
                Supplemental Appropriations Act,

    [[Page 805]]

                1999 (Public Law 105-277; 112 Stat. 2681-569) is designated
                as the Capitol Visitor Center and is a part of the Capitol.
                (b) Purposes of the facility
                    The Capitol Visitor Center shall be used--
                                (1) to provide enhanced security for persons
                            working in or visiting the United States
                            Capitol;
                                (2) to improve the visitor experience by
                            providing a structure that will afford improved
                            visitor orientation and enhance the educational
                            experience of those who have come to learn about
                            the Congress and the Capitol; and
                                (3) for other purposes as determined by
                            Congress or the Committee on Rules and
                            Administration of the Senate and the Committee
                            on House Administration of the House of
                            Representatives.
                (c) Treatment of the Capitol Visitor Center
                                (1) Oversight
                                The Committee on Rules and Administration of
                            the Senate and the Committee on House
                            Administration of the House of Representatives
                            shall have oversight of the Capitol Visitor
                            Center.
                                (2) Treatment of expansion space of the
                            Senate and House of Representatives in the
                            Capitol Visitor Center

                                    (A) Senate

                                    The expansion space of the Senate
                                described as unassigned space under the
                                heading ``Capitol Visitor Center'' under the
                                heading ``ARCHITECT OF THE CAPITOL'' under
                                title II of the Act entitled ``An Act making
                                appropriations for the Legislative Branch
                                for the fiscal year ending September 30,
                                2002, and for other purposes'', approved
                                November 12, 2001 (Public Law 107-68; 115
                                Stat. 588) shall be part of the Senate wing
                                of the Capitol.

                                    (B) House of Representatives

                                    The expansion space of the House of
                                Representatives described as unassigned
                                space under the heading ``Capitol Visitor
                                Center'' under the heading ``ARCHITECT OF
                                THE CAPITOL'' under title II of the Act
                                entitled ``An Act making appropriations for
                                the Legislative Branch for the fiscal year
                                ending September 30, 2002, and for other
                                purposes'' approved November 12, 2001
                                (Public Law 107-68; 115 Stat. 588) shall be
                                part of the House of Representatives wing of
                                the Capitol.

                (d) Treatment of Congressional Auditorium and related
                    adjacent areas
                                (1) In general
                                The Committee on Rules and Administration of
                            the Senate and the Committee on House
                            Administration of the House of Representatives
                            shall jointly prescribe regulations for the
                            assignment of the space in the Capitol Visitor
                            Center known as the Congressional Auditorium and
                            the related adjacent areas.
                                (2) Related adjacent areas
                                The regulations under paragraph (1) shall
                            include a designation of the areas that are
                            related adjacent areas to the Congressional
                            Auditorium.

    [[Page 806]]

                (e) Omitted
                (f) Exhibits for displays
                                (1) In general

                                    (A) Loan agreements

                                    Subject to subparagraph (B), the
                                Architect of the Capitol may enter into loan
                                agreements to place historical objects for
                                display in the Exhibition Hall of the
                                Capitol Visitor Center.

                                    (B) Consultation and approval

                                    The Architect of the Capitol may
                                exercise the authority under subparagraph
                                (A) with respect to each loan agreement--

                                            (i) after consultation with--

                                                    (I) the Senate
                                                Commission on Art; and
                                                    (II) the House of
                                                Representatives Fine Arts
                                                Board; and

                                            (ii) subject to the approval
                                        of--

                                                    (I) the Committee on
                                                Rules and Administration of
                                                the Senate; and
                                                    (II) the Committee on
                                                House Administration of the
                                                House of Representatives.

                                    (C) Effective date

                    This paragraph shall take effect on December 3, 2008.
                                (2) Omitted
                                (3) Exceptions to exhibition prohibition
                                Section 2134 of this title shall not apply
                            to any historical object placed within an
                            exhibit in the Exhibition Hall of the Capitol
                            Visitor Center that--

                                    (A)(i) is directly related to the
                                purpose of the Capitol Visitor Center under
                                subsection (b)(2);

                                    (ii) is the subject of a loan agreement
                                entered into by the Architect of the Capitol
                                before December 2, 2008; and

                                    (iii) has been approved by the Capitol
                                Preservation Commission; or

                                    (B) is the subject of a loan agreement
                                described under paragraph (1)(A).

                                (4) Substitution of historical object
                                A loan agreement described under paragraph
                            (3)(A)(ii) may provide for the removal of an
                            historical object from exhibition for
                            preservation purposes and the substitution of
                            that object with another historical object
                            having a comparable educational purpose. (Pub.L.
                            110-437, Title I, Sec.  101, Oct. 20, 2008, 122
                            Stat. 4984.)
           967  Sec. 2202. Designation and naming within the Capitol Visitor
                    Center.
                (a) In general
                    Except as provided under subsection (b), no part of the
                Capitol Visitor Center may be designated or named without
                the approval of--
                                (1) not less than 3/4 of all members on the
                            Capitol Preservation Commission who are members
                            of the Democratic party; and
                                (2) not less than 3/4 of all members on the
                            Capitol Preservation Commission who are members
                            of the Republican party.

    [[Page 807]]

                (b) Exception
                    Subsection (a) shall not apply to any room or space
                under the jurisdiction of the Senate or the House of
                Representatives. (Pub.L. 110-437, Title I, Sec.  102, Oct.
                20, 2008, 122 Stat. 4986.)
           968  Sec. 2203. Use of the Emancipation Hall of the Capitol
                    Visitor Center.
                    The Emancipation Hall of the Capitol Visitor Center may
                not be used for any event, except upon the passage of a
                resolution agreed to by both houses of Congress authorizing
                the use of the Emancipation Hall for that event. (Pub.L.
                110-437, Title I, Sec.  103, Oct. 20, 2008, 122 Stat. 4986.)

                    Subchapter II.--Office of the Capitol Visitor Center

           969  Sec. 2211. Establishment.
                    There is established within the Office of the Architect
                of the Capitol the Office of the Capitol Visitor Center (in
                this chapter referred to as the ``Office''), to be headed by
                the Chief Executive Officer for Visitor Services (in this
                chapter referred to as the ``Chief Executive Officer'').
                (Pub.L. 110-437, Title II, Sec.  201, Oct. 20, 2008, 122
                Stat. 4986.)
           970  Sec. 2212. Appointment and supervision of Chief Executive
                    Officer for Visitor Services.
                (a) Appointment
                    The Chief Executive Officer shall be appointed by the
                Architect of the Capitol.
                (b) Supervision and oversight
                    The Chief Executive Officer shall report directly to the
                Architect of the Capitol and shall be subject to oversight
                by the Committee on Rules and Administration of the Senate
                and the Committee on House Administration of the House of
                Representatives.
                (c) Removal
                    Upon removal of the Chief Executive Officer, the
                Architect of the Capitol shall immediately provide notice of
                the removal to the Committee on Rules and Administration of
                the Senate, the Committee on House Administration of the
                House of Representatives, and the Committees on
                Appropriations of the House of Representatives and Senate.
                The notice shall include the reasons for the removal.
                (d) Compensation
                    The Chief Executive Officer shall be paid at an annual
                rate of pay equal to the annual rate of pay of the Deputy
                Architect of the Capitol.
                (e) Transition for current Chief Executive Officer for
                    Visitor Services
                                (1) Appointment
                    The individual who serves as the Chief Executive Officer
                for Visitor Services under section 1806 of this title as of
                October 20, 2008 shall be the first Chief Executive Officer
                for Visitor Services appointed by the Architect under this
                section.
                                (2) Omitted
                    (Pub.L. 110-437, Title II, Sec.  202, Oct. 20, 2008, 122
                Stat. 4986.)

    [[Page 808]]

           971  Sec. 2213. General duties of Chief Executive Officer.
                (a) Administration of facilities, services, and activities
                                (1) In general
                    Except to the extent otherwise provided in this chapter,
                the Chief Executive Officer shall be responsible for--

                                    (A) the operation, management, and
                                budget preparation and execution of the
                                Capitol Visitor Center, including all long
                                term planning and daily operational services
                                and activities provided within the Capitol
                                Visitor Center; and

                                    (B) in accordance with sections 2241 and
                                2242 of this title, the management of guided
                                tours of the interior of the United States
                                Capitol.

                                (2) Independent budget consideration

                                    (A) In general

                                    The Architect of the Capitol, upon
                                recommendation of the Chief Executive
                                Officer, shall submit the proposed budget
                                for the Office for a fiscal year in the
                                proposed budget for that year for the Office
                                of the Architect of the Capitol (as
                                submitted by the Architect of the Capitol to
                                the President). The proposed budget for the
                                Office shall be considered independently
                                from the other components of the proposed
                                budget for the Architect of the Capitol.

                                    (B) Exclusion of costs of general
                                maintenance and repair of Visitor Center

                                    In preparing the proposed budget for the
                                Office under subparagraph (A), the Chief
                                Executive Officer shall exclude costs
                                attributable to the activities and services
                                described under section 501(b) (relating to
                                continuing jurisdiction of the Architect of
                                the Capitol for the care and superintendence
                                of the Capitol Visitor Center).

                (b) Personnel, disbursements, and contracts
                    In carrying out this chapter, the Architect of the
                Capitol shall have the authority to, upon recommendation of
                the Chief Executive Officer--
                                (1) appoint, hire, and fix the compensation
                            of such personnel as may be necessary for
                            operations of the Office, except that no
                            employee may be paid at an annual rate in excess
                            of the maximum rate payable for level 15 of the
                            General Schedule;
                                (2) disburse funds as may be necessary and
                            available for the needs of the Office
                            (consistent with the requirements of section
                            2233 of this title in the case of amounts in the
                            Capitol Visitor Center Revolving Fund); and
                                (3) designate an employee of the Office to
                            serve as contracting officer for the Office,
                            subject to subsection (c).
                (c) Requiring approval of certain contracts
                    The Architect of the Capitol may not enter into a
                contract for the operations of the Capitol Visitor Center
                for which the amount involved exceeds $250,000 without the
                prior approval of the Committee on Rules and Administration
                of the Senate and the Committee on House Administration of
                the House of Representatives.

    [[Page 809]]

                (d) Semiannual reports
                    The Chief Executive Officer shall submit a report to the
                Committee on Rules and Administration of the Senate and the
                Committee on House Administration of the House of
                Representatives not later than 45 days following the close
                of each semiannual period ending on March 31 or September 30
                of each year on the financial and operational status during
                the period of each function under the jurisdiction of the
                Chief Executive Officer. Each such report shall include
                financial statements and a description or explanation of
                current operations, the implementation of new policies and
                procedures, and future plans for each function. (Pub.L. 110-
                437, Title II, Sec.  203, Oct. 20, 2008, 122 Stat. 4987.)
           972  Sec. 2214. Assistant to the Chief Executive Officer.
                (a) In general
                    The Architect of the Capitol shall--
                                (1) upon recommendation of the Chief
                            Executive Officer, appoint an assistant who
                            shall perform the responsibilities of the Chief
                            Executive Officer during the absence or
                            disability of the Chief Executive Officer, or
                            during a vacancy in the position of the Chief
                            Executive Officer; and
                                (2) notwithstanding section 2213(b)(1) of
                            this title, fix the rate of basic pay for the
                            position of the assistant appointed under
                            subparagraph (A) at a rate not to exceed the
                            highest total rate of pay for the Senior
                            Executive Service under subchapter VIII of
                            chapter 53 of Title 5, for the locality
                            involved.
                (b) Transition for current Assistant Chief Executive Officer
                                (1) Appointment
                                The individual who serves as the assistant
                            under section 1807 of this title as of October
                            20, 2008 shall be the first Assistant Chief
                            Executive Officer for Visitor Services appointed
                            by the Architect under this section.
                                (2)
                    Omitted (Pub.L. 110-437, Title II, Sec.  204, Oct. 20,
                2008, 122 Stat. 4988.)
           973  Sec. 2215. Gift shop.
                (a) Establishment
                    The Architect of the Capitol, acting through the Chief
                Executive Officer, shall establish a Capitol Visitor Center
                Gift Shop within the Capitol Visitor Center for the purpose
                of providing for the sale of gift items. All moneys received
                from sales and other services by the Capitol Visitor Center
                Gift Shop shall be deposited in the Capitol Visitor Center
                Revolving Fund established under section 2231 of this title
                and shall be available for purposes of this section.
                (b) Exception to prohibition of sale or solicitation on
                    Capitol Grounds
                    Section 5104(c) of Title 40, shall not apply to any
                activity carried out under this section. (Pub.L. 110-437,
                Title II, Sec.  205, Oct. 20, 2008, 122 Stat. 4988.)

    [[Page 810]]

           974  Sec. 2216. Food service operations.
                (a) Restaurant, catering, and vending
                    The Architect of the Capitol, acting through the Chief
                Executive Officer, shall establish within the Capitol
                Visitor Center a restaurant and other food service
                facilities, including catering services and vending
                machines.
                (b) Contract for food service operations
                                (1) In general
                                The Architect of the Capitol, acting through
                            the Chief Executive Officer, may enter into a
                            contract for food service operations within the
                            Capitol Visitor Center.
                                (2) Existing contract unaffected
                                Nothing in paragraph (1) shall be construed
                            to affect any contract for food service
                            operations within the Capitol Visitor Center in
                            effect on October 20, 2008.
                (c) Deposits
                    All net profits from the food service operations within
                the Capitol Visitor Center and all commissions received from
                the contractor for such food service operations shall be
                deposited in the Capitol Visitor Center Revolving Fund
                established under section 2231 of this title.
                (d) Exception to prohibition of sale or solicitation on
                    Capitol Grounds
                    Section 5104(c) of Title 40, shall not apply to any
                activity carried out under this section. (Pub.L. 110-437,
                Title II, Sec.  206, Oct. 20, 2008, 122 Stat. 4988.)

                   Subchapter III.--Capitol Visitor Center Revolving Fund

           975  Sec. 2231. Establishment and accounts.
                    There is established in the Treasury of the United
                States a revolving fund to be known as the Capitol Visitor
                Center Revolving Fund (in this section referred to as the
                ``Fund''), consisting of the following individual accounts:
                                (1) The Gift Shop Account.
                                (2) The Miscellaneous Receipts Account.
                    (Pub.L. 110-437, Title III, Sec.  301, Oct. 20, 2008,
                122 Stat. 4989.)
           976  Sec. 2232. Deposits in the Fund.
                (a) Gift Shop Account
                    There shall be deposited in the Gift Shop Account all
                monies received from sales and other services by the gift
                shop established under section 2215 of this title, together
                with any interest accrued on balances in the Account.
                (b) Miscellaneous Receipts Account
                    There shall be deposited in the Miscellaneous Receipts
                Account each of the following (together with any interest
                accrued on balances in the Account):
                                (1) Any amounts deposited under section
                            2216(c) of this title.
                                (2) Any other receipts received from the
                            operation of the Capitol Visitor Center.

    [[Page 811]]

                                (3) Any amounts described under section
                            2273(d) of this title. (Pub.L. 110-437, Title
                            III, Sec.  302, Oct. 20, 2008, 122 Stat. 4989.)
           977  Sec. 2233. Use of monies.
                (a) Gift Shop Account
                                (1) In general
                                All monies in the Gift Shop Account shall be
                            available without fiscal year limitation for
                            disbursement by the Architect of the Capitol,
                            upon recommendation of the Chief Executive
                            Officer, in connection with the operation of the
                            gift shop under section 2215 of this title,
                            including supplies, inventories, equipment, and
                            other expenses. In addition, such monies may be
                            used by the Architect of the Capitol, upon
                            recommendation of the Chief Executive Officer,
                            to reimburse any applicable appropriations
                            account for amounts used from such
                            appropriations account to pay the salaries of
                            employees of the gift shops.
                                (2) Use of remaining funds
                                To the extent monies in the Gift Shop
                            Account are available after disbursements and
                            reimbursements are made under paragraph (1), the
                            Architect of the Capitol, upon recommendation of
                            the Chief Executive Officer, may disburse such
                            monies for the operation of the Capitol Visitor
                            Center, after consultation with--

                                    (A) the Committee on Rules and
                                Administration of the Senate and the
                                Committee on House Administration of the
                                House of Representatives; and

                                    (B) the Committees on Appropriations of
                                the House of Representatives and Senate.

                (b) Miscellaneous Receipts Account
                    All monies in the Miscellaneous Receipts Account shall
                be available without fiscal year limitation for disbursement
                by the Architect of the Capitol, upon recommendation of the
                Chief Executive Officer, for the operations of the Capitol
                Visitor Center, after consultation with--
                                (1) the Committee on Rules and
                            Administration of the Senate and the Committee
                            on House Administration of the House of
                            Representatives; and
                                (2) the Committees on Appropriations of the
                            House of Representatives and Senate. (Pub.L.
                            110-437, Title III, Sec.  303, Oct. 20, 2008,
                            122 Stat. 4989.)
           978  Sec. 2234. Administration of Fund.
                (a) Disbursements
                    Disbursements from the Fund may be made by the Architect
                of the Capitol, upon recommendation of the Chief Executive
                Officer.
                (b) Investment authority
                    The Secretary of the Treasury shall invest any portion
                of the Fund that, as determined by the Architect of the
                Capitol, upon recommendation of the Chief Executive Officer,
                is not required to meet current expenses. Each investment
                shall be made in an interest-bearing obligation of the
                United States or an obligation guaranteed both as to
                principal and interest by the United States that, as
                determined by the Architect of the Capitol, upon
                recommendation of the Chief Executive Officer, has a
                maturity date suitable for the purposes of the Fund. The
                Secretary

    [[Page 812]]

                of the Treasury shall credit interest earned on the
                obligations to the Fund.
                (c) Audit
                    The Fund shall be subject to audit by the Comptroller
                General at the discretion of the Comptroller General.
                (Pub.L. 110-437, Title III, Sec.  304, Oct. 20, 2008, 122
                Stat. 4990.)

                    Subchapter IV.--Capitol Guide Service and Office of
                            Congressional Accessibility Services

           979  Sec. 2241. Transfer of Capitol Guide Service.
                (a) Transfer of authorities and personnel to Office of the
                    Capitol Visitor Center
                    In accordance with the provisions of this subchapter,
                effective on the transfer date--
                                (1) the Capitol Guide Service shall be an
                            office within the Office;
                                (2) the contracts, liabilities, records,
                            property, appropriations, and other assets and
                            interests of the Capitol Guide Service,
                            established under section 2166 of this title,
                            and the employees of the Capitol Guide Service,
                            are transferred to the Office, except that the
                            transfer of any amounts appropriated to the
                            Capitol Guide Service that remain available as
                            of the transfer date shall occur only upon the
                            approval of the Committees on Appropriations of
                            the House of Representatives and Senate; and
                                (3) the Capitol Guide Service shall be
                            subject to the direction of the Architect of the
                            Capitol, upon recommendation of the Chief
                            Executive Officer, in accordance with this part.
                (b) Treatment of employees of Capitol Guide Service at time
                    of transfer
                                (1) In general
                                Any individual who is an employee of the
                            Capitol Guide Service on a non-temporary basis
                            on the transfer date who is transferred to the
                            Office under subsection (a) shall be subject to
                            the authority of the Architect of the Capitol
                            under section 2242(b) of this title, except that
                            the individual's grade, compensation, rate of
                            leave, or other benefits that apply with respect
                            to the individual at the time of transfer shall
                            not be reduced while such individual remains
                            continuously so employed in the same position
                            within the Office, other than for cause.
                                (2) Eligibility for immediate retirement on
                            basis of involuntary separation
                                For purposes of section 8336(d) and section
                            8414(b) of Title 5, an individual described in
                            paragraph (1) who is separated from service with
                            the Office shall be considered to have separated
                            from the service involuntarily if, at the time
                            the individual is separated from service--

                                    (A) the individual has completed 25
                                years of service under such title; or

                                    (B) the individual has completed 20
                                years of service under such title and is 50
                                years of age or older.

    [[Page 813]]

                (c) Exception for Congressional Special Services Office
                    This section does not apply with respect to any
                employees, contracts, liabilities, records, property,
                appropriations, and other assets and interests of the
                Congressional Special Services Office of the Capitol Guide
                Service that are transferred to the Office of Congressional
                Accessibility Services under part B of subchapter IV of this
                chapter. (Pub.L. 110-437, Title IV, Sec.  401, Oct. 20,
                2008, 122 Stat. 4990.)
           980  Sec. 2242. Duties of employees of Capitol Guide Service.
                (a) Provision of guided tours
                                (1) Tours
                                In accordance with this section, the Capitol
                            Guide Service shall provide without charge
                            guided tours of the interior of the United
                            States Capitol, including the Capitol Visitor
                            Center, for the education and enlightenment of
                            the general public.
                                (2) Acceptance of fees prohibited
                                An employee of the Capitol Guide Service
                            shall not charge or accept any fee, or accept
                            any gratuity, for or on account of the official
                            services of that employee.
                                (3) Regulations of the Architect of the
                            Capitol
                                All such tours shall be conducted in
                            compliance with regulations approved by the
                            Architect of the Capitol, upon recommendation of
                            the Chief Executive Officer.
                (b) Authority of the Architect of the Capitol
                    In providing for the direction, supervision, and control
                of the Capitol Guide Service, the Architect of the Capitol,
                upon recommendation of the Chief Executive Officer, is
                authorized to--
                                (1) subject to the availability of
                            appropriations, establish and revise such number
                            of positions of Guide in the Capitol Guide
                            Service as the Architect of the Capitol
                            considers necessary to carry out effectively the
                            activities of the Capitol Guide Service;
                                (2) appoint, on a permanent basis without
                            regard to political affiliation and solely on
                            the basis of fitness to perform their duties, a
                            Chief Guide and such deputies as the Architect
                            of the Capitol considers appropriate for the
                            effective administration of the Capitol Guide
                            Service and, in addition, such number of Guides
                            as may be authorized;
                                (3) with the approval of the Committee on
                            Rules and Administration of the Senate and the
                            Committee on House Administration of the House
                            of Representatives, with respect to the
                            individuals appointed under paragraph (2)--

                                    (A) prescribe the individual's duties
                                and responsibilities; and

                                    (B) fix, and adjust from time to time,
                                respective rates of pay at single per annum
                                (gross) rates;

                                (4) with respect to the individuals
                            appointed under paragraph (2), take appropriate
                            disciplinary action, including, when
                            circumstances warrant, suspension from duty
                            without pay, reduction in pay, demotion, or
                            termination of employment with the Capitol Guide
                            Service, against any employee who violates any
                            provision of this section or any regulation
                            prescribed by the Architect of the Capitol under
                            paragraph (8);

    [[Page 814]]

                                (5) prescribe a uniform dress, including
                            appropriate insignia, which shall be worn by
                            personnel of the Capitol Guide Service;
                                (6) from time to time and as may be
                            necessary, procure and furnish such uniforms to
                            such personnel without charge to such personnel;
                                (7) 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; and
                                (8) with the approval of the Committee on
                            Rules and Administration of the Senate and the
                            Committee on House Administration of the House
                            of Representatives, prescribe such regulations
                            as the Architect of the Capitol considers
                            necessary and appropriate for the operation of
                            the Capitol Guide Service, including regulations
                            with respect to tour routes and hours of
                            operation, number of visitors per guide, staff-
                            led tours, and non-law enforcement security and
                            special event related support.
                (c) Provision of accessible tours in coordination with
                    Office of Congressional Accessibility Services
                    The Chief Executive Officer shall coordinate the
                provision of accessible tours for individuals with
                disabilities with the Office of Congressional Accessibility
                Services established under part B of subchapter IV of this
                chapter.
                (d) Detail of personnel
                    The Architect of the Capitol shall detail personnel of
                the Capitol Guide Service based on a request from the
                Capitol Police Board to assist the United States Capitol
                Police by providing ushering and informational services, and
                other services not directly involving law enforcement, in
                connection with--
                                (1) the inauguration of the President and
                            Vice President of the United States;
                                (2) the official reception of
                            representatives of foreign nations and other
                            persons by the Senate or House of
                            Representatives; or
                                (3) other special or ceremonial occasions in
                            the United States Capitol or on the United
                            States Capitol Grounds that--

                                    (A) require the presence of additional
                                Government personnel; and

                                    (B) cause the temporary suspension of
                                the performance of regular duties.

                (e) Effective date
                    This section shall take effect on the transfer date.
                (Pub.L. 110-437, Title IV, Sec.  402, Oct. 20, 2008, 122
                Stat. 4991.)
           981  Sec. 2251. Office of Congressional Accessibility Services.
                (a) Omitted
                (b) Specific functions
                    The Director of Accessibility Services shall submit to
                the Committee on Rules and Administration of the Senate and
                the Committee on House Administration of the House of
                Representatives a list of the specific functions that the
                Office of Congressional Accessibility Services will per

    [[Page 815]]

                form in carrying out this part with the approval of the
                Committee on Rules and Administration of the Senate and the
                Committee on House Administration of the House of
                Representatives. The Director of Accessibility Services
                shall submit the list not later than 30 days after the
                transfer date.
                (c) Transition for current director
                    The individual who serves as the head of the
                Congressional Special Services Office as of October 20, 2008
                shall be the first Director of Accessibility Services
                appointed by the Congressional Accessibility Services Board
                under section 130e of this title. (Pub.L. 110-437, Title IV,
                Sec.  411, Oct. 20, 2008, 122 Stat. 4993.)
           982  Sec. 2252. Transfer from Capitol Guide Service.
                (a) Transfer of authorities and personnel of Congressional
                    Special Services Office of Capitol Guide Service
                    In accordance with the provisions of this subchapter,
                effective on the transfer date--
                                (1) the contracts, liabilities, records,
                            property, appropriations, and other assets and
                            interests of the Congressional Special Services
                            Office of the Capitol Guide Service, and the
                            employees of such Office, are transferred to the
                            Office of Congressional Accessibility Services
                            established under section 130e(a) of this title,
                            except that the transfer of any amounts
                            appropriated to the Congressional Special
                            Services Office that remain available as of the
                            transfer date shall occur only upon the approval
                            of the Committees on Appropriations of the House
                            of Representatives and Senate; and
                                (2) the employees of such Office shall be
                            subject to the direction, supervision, and
                            control of the Director of Accessibility
                            Services.
                (b) Treatment of employees at time of transfer
                                (1) In general
                                Any individual who is an employee of the
                            Congressional Special Services Office of the
                            Capitol Guide Service on a non-temporary basis
                            on the transfer date who is transferred under
                            subsection (a) shall be subject to the authority
                            of the Director of Accessibility Services under
                            section 130e(b) of this title, except that the
                            individual's grade, compensation, rate of leave,
                            or other benefits that apply with respect to the
                            individual at the time of transfer shall not be
                            reduced while such individual remains
                            continuously so employed in the same position
                            within the Office of Congressional Accessibility
                            Services established under section 130e(a) of
                            this title, other than for cause.
                                (2) Eligibility for immediate retirement on
                            basis of involuntary separation
                                For purposes of section 8336(d) and section
                            8414(b) of Title 5, an individual described in
                            paragraph (1) who is separated from service with
                            the Office of Congressional Accessibility
                            Services shall be considered to have separated
                            from the service involuntarily if, at the time
                            the individual is separated from service--

                                    (A) the individual has completed 25
                                years of service under such title; or

                                    (B) the individual has completed 20
                                years of service under such title and is 50
                                years of age or older.

    [[Page 816]]

                                (3) Prohibiting imposition of probationary
                            period
                                The Director of Accessibility Services may
                            not impose a period of probation with respect to
                            the transfer of any individual who is
                            transferred to the Office of Congressional
                            Accessibility Services under subsection (a).
                            (Pub.L. 110-437, Title IV, Sec.  412, Oct. 20,
                            2008, 122 Stat. 4995.)
           983  Sec. 2261. Transfer date.
                    In this subchapter, the term ``transfer date'' means the
                date occurring on the first day of the first pay period
                (applicable to employees transferred under section 2241 of
                this title) occurring on or after 30 days after October 20,
                2008. (Pub.L. 110-437, Title IV, Sec.  421, Oct. 20, 2008,
                122 Stat. 4996.)

                           Subchapter V.--Miscellaneous Provisions

           984  Sec. 2271. Jurisdictions unaffected.
                (a) Security jurisdiction unaffected
                    Nothing in this chapter granting any authority to the
                Architect of the Capitol or Chief Executive Officer shall be
                construed to affect the exclusive jurisdiction of the
                Capitol Police, the Capitol Police Board, the Sergeant at
                Arms and Doorkeeper of the Senate, and the Sergeant at Arms
                of the House of Representatives to provide security for the
                Capitol, including the Capitol Visitor Center.
                (b) Architect of the Capitol jurisdiction unaffected
                                (1) In general
                                Nothing in this chapter granting any
                            authority to the Chief Executive Officer shall
                            be construed to affect the exclusive
                            jurisdiction of the Architect of the Capitol for
                            the care and superintendence of the Capitol
                            Visitor Center. All maintenance services,
                            groundskeeping services, improvements,
                            alterations, additions, and repairs for the
                            Capitol Visitor Center shall be made under the
                            direction and supervision of the Architect,
                            subject to the approval of the Committee on
                            Rules and Administration of the Senate and the
                            House Office Building Commission as to matters
                            of general policy.
                                (2) Omitted
                    (Pub.L. 110-437, Title V, Sec.  501, Oct. 20, 2008, 122
                Stat. 4997.)
           985  Sec. 2272. Acceptance of volunteer services.
                    Notwithstanding section 1342 of Title 31, the Architect
                of the Capitol, upon the recommendation of the Chief
                Executive Officer, may accept and use voluntary and
                uncompensated services for the Capitol Visitor Center as the
                Architect of the Capitol determines necessary. No person
                shall be permitted to donate personal services under this
                section unless such person has first agreed, in writing, to
                waive any and all claims against the United States arising
                out of or connection with such services, other than a claim
                under the provisions of chapter 81 of Title 5. No person
                donating personal services under this section shall be
                considered an employee of the United States for any purpose
                other than for purposes of chapter 81 of such title. In no
                case shall the acceptance of personal services under this
                subsection result in the reduction of pay or displacement of
                any employee of the Office of the Architect of the Capitol.
                (Pub.L. 110-437, Title V, Sec.  503, Oct. 20, 2008, 122
                Stat. 4997.)

    [[Page 817]]

           986  Sec. 2273. Coins treated as gifts.
                (a) Definition
                    In this section, the term ``covered grounds'' means--
                                (1) the grounds described under section 5102
                            of Title 40;
                                (2) the Capitol Buildings defined under
                            section 5101 of Title 40, including the Capitol
                            Visitor Center; and
                                (3) the Library of Congress buildings and
                            grounds described under section 167j of this
                            title.
                (b) Treatment of coins
                    In the case of any coins in any fountains on covered
                grounds--
                                (1) such coins shall be treated as gifts to
                            the United States; and
                                (2) the Architect of the Capitol shall--

                                    (A) collect such coins at such times and
                                in such manner as the Architect determines
                                appropriate; and

                                    (B) except as provided under subsection
                                (c), deposit the collected coins in
                                accordance with subsection (d).

                (c) Cost reimbursement
                    Any amount collected under this section shall first be
                used to reimburse the Architect of the Capitol for any costs
                incurred in the collection and processing of the coins. The
                amount of any such reimbursement is appropriated to the
                account from which such costs were paid and may be used for
                any authorized purpose of that account.
                (d) Deposit of coins
                    The Architect of the Capitol shall deposit coins
                collected under this section in the Miscellaneous Receipts
                Account of the Capitol Visitor Center Revolving Fund
                established under section 2231 of this title.
                (e) Authorized use and availability
                    Amounts deposited in the Miscellaneous Receipts Account
                of the Capitol Visitor Center Revolving Fund under this
                section shall be available as provided under section 2233(b)
                of this title. (Pub.L. 110-437, Title V, Sec.  504, Oct. 20,
                2008, 122 Stat. 4998.)

                       Subchapter VI.--Authorization of Appropriation

           987  Sec. 2281. Authorization of appropriations.
                    There are authorized to be appropriated such sums as are
                necessary to carry out this chapter. (Pub.L. 110-437, Title
                VI, Sec.  601, Oct. 20, 2008, 122 Stat. 4999.)
                                   3 u.s.c.--the president

                      general and permanent laws relating to the senate

    [[Page 818]]

                                   TITLE 3.--THE PRESIDENT

                      Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES

          1100  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.)
          1101  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.)
          1102  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.)
          1103  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.)
          1104  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.)
          1105  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 819]]

                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.)
          1106  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.)
          1107  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.)
          1108  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.)
          1109  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 820]]

          1110  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.)
          1111  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.)
          1112  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.)
          1113  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 821]]

                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.)
          1114  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 822]]

                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.)
          1115  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.)
          1116  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 823]]

          1117  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.)
          1118  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, Secretary of Homeland Security.
                    (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 824]]

                    (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; Oct. 11,
                1996, Pub.L. 104-287, Sec. 7(5), 110 Stat. 3400; Mar. 9,
                2006, Pub.L. 109-177, Title V, Sec. 503, 120 Stat. 247.)
          1119  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.)
          1120  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

          1121  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.)
          1122  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),

    [[Page 825]]

                equal to the percentage of such per annum 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 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.)
          1123  Sec. 111. Expense allowance of Vice President.
                    There shall be paid to the Vice President in equal
                monthly installments an expense allowance of $20,000 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;
                Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I, Sec. 1(a), 117
                Stat. 348.)

                                   4 u.s.c.--flag and seal

                      general and permanent laws relating to the senate
    [[Page 826]]

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

                                   Chapter 4.--THE STATES

          1130  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. (July 19, 1977, Pub.L. 95-97,
                            Sec. 1(a), 91 Stat. 271.)
                       5 u.s.c.--government organization and employees

                      general and permanent laws relating to the senate
    [[Page 827]]

                       TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES

                    Chapter 8.--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

          1140  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 828]]

                                (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 829]]

                    (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.)
          1141  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 830]]

                    (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 831]]

                                    (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.)
          1142  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.)
          1143  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 832]]

                                    (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.)

          1144  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.)
          1145  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.)
          1146  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.)
          1147  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.)

                                  Chapter 21.--DEFINITIONS

          1148  Sec. 2106. Member of Congress.
                    For the purpose of this title, ``Member of Congress''
                means the Vice President, a member of the Senate or the
                House of Representatives, a Delegate to the House of
                Representatives, and the Resident Commissioner from Puerto
                Rico. (Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 409;

    [[Page 833]]

                Pub.L. 91-405, Title II, Sec.  204(b), Sept. 22, 1970, 84
                Stat. 852; Pub.L. 96-54, Sec.  2(a)(7), Aug. 14, 1979, 93
                Stat. 381.)
          1149  Sec. 2107. Congressional employee.
                    For the purpose of this title, ``Congressional
                employee'' means--
                                (1) an employee of either House of Congress,
                            of a committee of either House, or of a joint
                            committee of the two Houses;
                                (2) an elected officer of either House who
                            is not a Member of Congress;
                                (3) the Legislative Counsel of either House
                            and an employee of his office;
                                (4) a member or employee of the Capitol
                            Police;
                                (5) an employee of a Member of Congress if
                            the pay of the employee is paid by the Secretary
                            of the Senate or the Chief Administrative
                            Officer of the House of Representatives;
                                [(6) Repealed. Pub.L. 90-83, Sec.  1(5)(A),
                            Sept. 11, 1967, 81 Stat. 196.]
                                (7) the Architect of the Capitol and an
                            employee of the Architect of the Capitol;
                                (8) an employee of the Botanic Garden; and
                                (9) an employee of the Office of
                            Congressional Accessibility Services. (Pub.L.
                            89-554, Sept. 6, 1966, 80 Stat. 409; Pub.L. 90-
                            83, Sec.  1(5), Sept. 11, 1967, 81 Stat. 196;
                            Pub.L. 91-510, Title IV, Sec.  442(a), Oct. 26,
                            1970, 84 Stat. 1191; Pub.L. 104-186, Title II,
                            Sec.  215(1), Aug. 20, 1996, 110 Stat. 1745;
                            Pub.L. 110-437, Title IV, Sec.  422(c), Oct. 20,
                            2008, 122 Stat. 4997; Pub.L. 111-145, Sec.
                            7(a), Mar. 4, 2010, 124 Stat. 55.)

                    Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS

                       Subchapter I.--Commissions, Oaths, and Records

          1150  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

          1151  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.)

    [[Page 834]]

                            Chapter 31.--AUTHORITY FOR EMPLOYMENT

          1152  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 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.)

    [[Page 835]]

                     Chapter 33.--EXAMINATION, SELECTION, AND PLACEMENT

                               Subchapter II.--Oath of Office

          1153  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

          1154  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 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.)
          1155  Sec. 5520a. Garnishment of pay.
                (a) For purposes of this section--
                                (1) ``agency'' means each agency of the
                            Federal Government, including--

    [[Page 836]]

                                    (A) an executive agency, except for the
                                Government Accountability Office;

                                    (B) the United States Postal Service and
                                the Postal Regulatory Commission;

                                    (C) any agency of the judicial branch of
                                the Government; and

                                    (D) any agency of the legislative branch
                                of the Government, including the Government
                                Accountability Office, each office of a
                                Member of Congress, a committee of the
                                Congress, or other office of the Congress;

                                (2) ``employee'' means an employee of an
                            agency (including a Member of Congress as
                            defined under section 2106);
                                (3) ``legal process'' means any writ, order,
                            summons, or other similar process in the nature
                            of garnishment, that--

                                    (A) is issued by a court of competent
                                jurisdiction within any State, territory, or
                                possession of the United States, or an
                                authorized official pursuant to an order of
                                such a court or pursuant to State or local
                                law; and

                                    (B) orders the employing agency of such
                                employee to withhold an amount from the pay
                                of such employee, and make a payment of such
                                withholding to another person, for a
                                specifically described satisfaction of a
                                legal debt of the employee, or recovery of
                                attorney's fees, interest, or court costs;
                                and

                                (4) ``pay'' means--

                                    (A) basic pay, premium pay paid under
                                subchapter V, any payment received under
                                subchapter VI, VII, or VIII, severance and
                                back pay paid under subchapter IX, sick pay,
                                incentive pay, and any other compensation
                                paid or payable for personal services,
                                whether such compensation is denominated as
                                wages, salary, commission, bonus pay or
                                otherwise; and

                                    (B) does not include awards for making
                                suggestions.

                (b) Subject to the provisions of this section and the
                    provisions of section 303 of the Consumer Credit
                    Protection Act (15 U.S.C. 1673) pay from an agency to an
                    employee is subject to legal process in the same manner
                    and to the same extent as if the agency were a private
                    person.
                (c)(1) Service of legal process to which an agency is
                    subject under this section may be accomplished by
                    certified or registered mail, return receipt requested,
                    or by personal service, upon--

                                    (A) the appropriate agent designated for
                                receipt of such service of process pursuant
                                to the regulations issued under this
                                section; or

                                    (B) the head of such agency, if no agent
                                has been so designated.

                                (2) Such legal process shall be accompanied
                            by sufficient information to permit prompt
                            identification of the employee and the payments
                            involved.

    [[Page 837]]

                (d) Whenever any person, who is designated by law or
                    regulation to accept service of process to which an
                    agency is subject under this section, is effectively
                    served with any such process or with interrogatories,
                    such person shall respond thereto within thirty days (or
                    within such longer period as may be prescribed by
                    applicable State law) after the date effective service
                    thereof is made, and shall, as soon as possible but not
                    later than fifteen days after the date effective service
                    is made, send written notice that such process has been
                    so served (together with a copy thereof) to the affected
                    employee at his or her duty station or last-known home
                    address.
                (e) No employee whose duties include responding to
                    interrogatories pursuant to requirements imposed by this
                    section shall be subject to any disciplinary action or
                    civil or criminal liability or penalty for, or on
                    account of, any disclosure of information made by such
                    employee in connection with the carrying out of any of
                    such employee's duties which pertain directly or
                    indirectly to the answering of any such interrogatory.
                (f) Agencies affected by legal process under this section
                    shall not be required to vary their normal pay and
                    disbursement cycles in order to comply with any such
                    legal process.
                (g) Neither the United States, an agency, nor any disbursing
                    officer shall be liable with respect to any payment made
                    from payments due or payable to an employee pursuant to
                    legal process regular on its face, provided such payment
                    is made in accordance with this section and the
                    regulations issued to carry out this section. In
                    determining the amount of any payment due from, or
                    payable by, an agency to an employee, there shall be
                    excluded those amounts which would be excluded under
                    section 462(g) of the Social Security Act (42 U.S.C.
                    662(g)).
                (h)(1) Subject to the provisions of paragraph (2), if an
                    agency is served under this section with more than one
                    legal process with respect to the same payments due or
                    payable to an employee, then such payments shall be
                    available, subject to section 303 of the Consumer Credit
                    Protection Act (15 U.S.C. 1673), to satisfy such
                    processes in priority based on the time of service, with
                    any such process being satisfied out of such amounts as
                    remain after satisfaction of all such processes which
                    have been previously served.
                                (2) A legal process to which an agency is
                            subject under section 459 of the Social Security
                            Act (42 U.S.C. 659) for the enforcement of the
                            employee's legal obligation to provide child
                            support or make alimony payments, shall have
                            priority over any legal process to which an
                            agency is subject under this section.

    [[Page 838]]

                (i) The provisions of this section shall not modify or
                    supersede the provisions of section 459 of the Social
                    Security Act (42 U.S.C. 659) concerning legal process
                    brought for the enforcement of an individual's legal
                    obligations to provide child support or make alimony
                    payments.
                (j)(1) Regulations implementing the provisions of this
                    section shall be promulgated--

                                    (A) by the President or his designee for
                                each executive agency, except with regard to
                                employees of the United States Postal
                                Service, the President or, at his
                                discretion, the Postmaster General shall
                                promulgate such regulations;

                                    (B) jointly by the President pro tempore
                                of the Senate and the Speaker of the House
                                of Representatives, or their designee, for
                                the legislative branch of the Government;
                                and

                                    (C) by the Chief Justice of the United
                                States or his designee for the judicial
                                branch of the Government.

                                (2) Such regulations shall provide that an
                            agency's administrative costs in executing a
                            garnishment action may be added to the
                            garnishment, and that the agency may retain
                            costs recovered as offsetting collections.
                (k)(1) No later than 180 days after the date of the
                    enactment of this Act, the Secretaries of the Executive
                    departments concerned shall promulgate regulations to
                    carry out the purposes of this section with regard to
                    members of the uniformed services.
                                (2) Such regulations shall include
                            provisions for--

                                    (A) the involuntary allotment of the pay
                                of a member of the uniformed services for
                                indebtedness owed a third party as
                                determined by the final judgment of a court
                                of competent jurisdiction, and as further
                                determined by competent military or
                                executive authority, as appropriate, to be
                                in compliance with the procedural
                                requirements of the Servicemembers Civil
                                Relief Act (50 App. U.S.C. 501 et seq.); and

                                    (B) consideration for the absence of a
                                member of the uniformed service from an
                                appearance in a judicial proceeding
                                resulting from the exigencies of military
                                duty.

                                (3) The Secretaries of the Executive
                            departments concerned shall promulgate
                            regulations under this subsection that are, as
                            far as practicable, uniform for all of the
                            uniformed services. The Secretary of Defense
                            shall consult with the Secretary of Homeland
                            Security with regard to the promulgation of such
                            regulations that might affect members of the
                            Coast Guard when the Coast Guard is operating as
                            a service in the Navy. (Added Pub.L. 103-94,
                            Sec.  9(a), Oct. 6, 1993, 107 Stat. 1007, and
                            amended Pub.L. 104-106, Div. A, Title VI, Sec.
                            643, Feb. 10, 1996, 110 Stat. 368; Pub.L. 104-
                            193, Title III, Sec.  362(b)(2), Aug. 22, 1996,
                            110 Stat. 2246; Pub.L. 105-85, Div. A, Title XI,
                            Sec.  1105, Nov. 18, 1997, 111 Stat. 1923;
                            Pub.L. 108-189, Sec.  2(b)(1), Dec. 19, 2003,
                            117 Stat. 2865; Pub.L. 108-271, Sec.  8(b), July
                            7, 2004, 118 Stat. 814; Pub.L. 109-241, Title
                            IX, Sec.  902(a)(3), July 11, 2006, 120 Stat.
                            566; Pub.L. 109-435, Title VI, Sec.  604(f),
                            Dec. 20, 2006, 120 Stat. 3242.)

    [[Page 839]]

                        Subchapter IV.--Dual Pay and Dual Employment

          1156  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 Government Accountability 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; Pub.L. 108-271, Sec. 8(b), July
                            7, 2004, 118 Stat. 814.)
          1157  Sec. 5532 Repealed (Pub.L. 106-65, Title VI, Sec. 651(a)(1),
                    Oct. 5, 1999, 113 Stat. 664.).

                                        * * * * * * *

          1158  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, 2007, for individuals whose pay
                    is disbursed by the Secretary of the Senate, the figure
                    is ``$30,827''. (Feb. 16, 2007, Order of the President
                    pro tempore, pursuant to Act Jan. 8, 1971, Pub.L. 91-
                    656, Sec. 4, 84 Stat. 1952.)

    [[Page 840]]

                    (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

                  Subchapter I.--Travel and Subsistence Expenses; Mileage
                                         Allowances

          1159  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:
                                (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.

    [[Page 841]]

                    (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 designated 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.

    [[Page 842]]

                    (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.)
          1160  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--
                                (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.)
          1161  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.)

    [[Page 843]]

          1162  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.)

                Subchapter III.--Transportation of Remains, Dependents, and
                                          Effects

          1163  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 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.)
          1164  Sec. 5751. Travel expenses of witnesses.
                    (a) Under such regulations as the Attorney General may
                prescribe, an employee as defined by section 2105 of this
                title (except an individual whose pay is disbursed by the
                Secretary of the Senate or the Chief Administrative Officer
                of the House of Representatives) summoned, or assigned by
                his agency, to testify or produce official records on behalf

    [[Page 844]]

                of the United States is entitled to travel expenses under
                subchapter I of this chapter. If the case involves the
                activity in connection with which he is employed, the travel
                expenses are paid from the appropriation otherwise available
                for travel expenses of the employee under proper
                certification by a certifying official of the agency
                concerned. If the case does not involve its activity, the
                employing agency may advance or pay the travel expenses of
                the employee, and later obtain reimbursement from the agency
                properly chargeable with the travel expenses.
                    (b) An employee as defined by section 2105 of this title
                (except an individual whose pay is disbursed by the
                Secretary of the Senate or the Chief Administrative Officer
                of the House of Representatives) summoned, or assigned by
                his agency, 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 under subchapter I of
                this chapter, except to the extent that travel expenses are
                paid to the employee for his appearance by the court,
                authority, or party which caused him to be summoned. (Added
                Pub.L. 91-563, Sec.  4(a), Dec. 19, 1970, 84 Stat. 1477, and
                amended Pub.L. 104-186, Title II, Sec.  215(9), Aug. 20,
                1996, 110 Stat. 1746.)

                       Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT

                           Subchapter II.--Employment Limitations

          1165  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

          1166  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 Regulatory 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

    [[Page 845]]

                                an organization performing services under
                                such section, any individual involved in the
                                performance of such services;

                                    (C) an individual employed by, or
                                occupying an office or position in, the
                                government of a territory or possession of
                                the United States or the government of the
                                District of Columbia;

                                    (D) a member of a uniformed service;

                                    (E) the President and the Vice
                                President;

                                    (F) a Member of Congress as defined by
                                section 2106 of this title (except the Vice
                                President) and any Delegate to the Congress;
                                and

                                    (G) the spouse of an individual
                                described in subparagraphs (A) through (F)
                                (unless such individual and his or her
                                spouse are separated) or a dependent (within
                                the meaning of section 152 of the Internal
                                Revenue Code of 1986) of such an individual,
                                other than a spouse or dependent who is an
                                employee under subparagraphs (A) through
                                (F);

                                (2) ``foreign government'' means--

                                    (A) any unit of foreign governmental
                                authority, including any foreign national,
                                State, local, and municipal government;

                                    (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

    [[Page 846]]

                                    (D) the department, agency, office, or
                                other entity in which an employee is
                                employed, for other legislative branch
                                employees and for all executive branch
                                employees.

                    (b) An employee may not--
                                (1) request or otherwise encourage the
                            tender of a gift or decoration; or
                                (2) accept a gift or decoration, other than
                            in accordance with the provisions of subsections
                            (c) and (d).
                    (c)(1) The Congress consents to--
                                (A) the accepting and retaining by an
                            employee of a gift of minimal value tendered and
                            received as a souvenir or mark of courtesy; and
                                (B) the accepting by an employee of a gift
                            of more than minimal value when such gift is in
                            the nature of an educational scholarship or
                            medical treatment or when it appears that to
                            refuse the gift would likely cause offense or
                            embarrassment or otherwise adversely affect the
                            foreign relations of the United States, except
                            that--

                                    (i) a tangible gift of more than minimal
                                value is deemed to have been accepted on
                                behalf of the United States and, upon
                                acceptance, shall become the property of the
                                United States; and

                                    (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

    [[Page 847]]

                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 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.

    [[Page 848]]

                    (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)(A) In transmitting such listings for the Central
                Intelligence Agency, the Director of the Central
                Intelligence Agency 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.
                    (B) In transmitting such listings for the Office of the
                Director of National Intelligence, the Director of National
                Intelligence may delete the information described in
                subparagraphs (A) and (C) of paragraphs (2) and (3) if the
                Director certifies in writing to the Secretary of State that
                the publication of such information could adversely affect
                United States intelligence sources.
                    (g)(1) Each employing agency shall prescribe such
                regulations as may be necessary to carry out the purpose of
                this section. For all employing agencies in the executive
                branch, such regulations shall be prescribed pursuant to
                guidance provided by the Secretary of State. These
                regulations shall be implemented by each employing agency
                for its employees.
                    (2) Each employing agency shall--
                                (A) report to the Attorney General cases in
                            which there is reason to believe that an
                            employee has violated this section;
                                (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;
                Pub.L. 108-458, Title I, Sec. 1079(b), Dec.

    [[Page 849]]

                17, 2004, 118 Stat. 3696; Pub.L. 109-435, Title VI,
                Sec. 604(b), Dec. 20, 2006, 120 Stat. 3241.)

                         Chapter 81.--COMPENSATION FOR WORK INJURIES

          1167  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

          1168  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).

                                 Chapter 87.--LIFE INSURANCE

          1169  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

          1170  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.

                                     Title 5.--APPENDIX

          1171                 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; Pub.L.
                105-153, Sec. 2(a), Dec. 17, 1997, 111 Stat. 2689).

                                         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

    [[Page 850]]

                                    (C) established or utilized by one or
                                more agencies,

                        in the interest of obtaining advice or
                        recommendations for the President or one or more
                        agencies or officers of the Federal Government,
                        except that such term excludes (i) any committee
                        that is composed wholly of full-time, or permanent
                        part-time, officers or employees of the Federal
                        Government, and (ii) any committee that is created
                        by the National Academy of Sciences or the National
                        Academy of Public Administration.
                                (3) The term ``agency'' has the same meaning
                            as in section 551(1) of title 5, United States
                            Code.
                                (4) The term ``Presidential advisory
                            committee'' means an advisory committee which
                            advises the President.
                                        applicability
                    Sec. 4. (a) The provisions of this Act or of any rule,
                order, or regulation promulgated under this Act shall apply
                to each advisory committee except to the extent that any Act
                of Congress establishing any such advisory committee
                specifically provides otherwise.
                    (b) Nothing in this Act shall be construed to apply to
                any advisory committee established or utilized by--
                                (1) the Central Intelligence Agency; or
                                (2) the Federal Reserve System.
                    (c) Nothing in this Act shall be construed to apply to
                any local civic group whose primary function is that of
                rendering a public service with respect to a Federal
                program, or any State or local committee, council, board,
                commission, or similar group established to advise or make
                recommendations to State or local officials or agencies.

                        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 inappropri

    [[Page 851]]

                            ately influenced by the appointing authority or
                            by any special interest, but will instead be the
                            result of the advisory committee's independent
                            judgement;
                                (4) contain provisions dealing with
                            authorization of appropriations, the date for
                            submission of reports (if any), the duration of
                            the advisory committee, and the publication of
                            reports and other materials, to the extent that
                            the standing committee determines the provisions
                            of section 10 of this Act to be inadequate; and
                                (5) contain provisions which will assure
                            that the advisory committee will have adequate
                            staff (either supplied by an agency or employed
                            by it), will be provided adequate quarters, and
                            will have funds available to meet its other
                            necessary expenses.
                    (c) To the extent they are applicable, the guidelines
                set out in subsection (b) of this section shall be followed
                by the President, agency heads, or other Federal officials
                in creating an advisory committee.

                                        * * * * * * *

                      establishment and purpose of advisory committees
                    Sec. 9. (a) No advisory committee shall be established
                unless such establishment is--
                                (1) specifically authorized by statute or by
                            the President; or
                                (2) determined as a matter of formal record,
                            by the head of the agency involved after
                            consultation with the Administrator, with timely
                            notice published in the Federal Register, to be
                            in the public interest in connection with the
                            performance of duties imposed on that agency by
                            law.
                    (b) Unless otherwise specifically provided by statute or
                Presidential directive, advisory committees shall be
                utilized solely for advisory 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;

    [[Page 852]]

                                (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.)

                                     Title 5.--APPENDIX

                              Ethics in Government Act of 1978

                   Title I.--Financial Disclosure Requirements of Federal
                                          Personnel
          1172  Sec. 101. Persons required to file.
                    (a) Within thirty days of assuming the position of an
                officer or employee described in subsection (f), an
                individual shall file a report containing the information
                described in section 102(b) unless the individual has left
                another position described in subsection (f) within thirty
                days prior to assuming such new position or has already
                filed a report under this title with respect to nomination
                for the new position or as a candidate for the position.
                    (b)(1) Within five days of the transmittal by the
                President to the Senate of the nomination of an individual
                (other than an individual nominated for appointment to a
                position as a Foreign Service Officer or a grade or rank in
                the uniformed services for which the pay grade prescribed by
                section 201 of title 37, United States Code, is O-6 or
                below) to a position, appointment to which requires the
                advice and consent of the Senate, such individual shall file
                a report containing the information described in section
                102(b). Such individual shall, not later than the date of
                the first hearing to consider the nomination 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

    [[Page 853]]

                to be a candidate for any office but all elections for such
                office relating to such candidacy were held in prior
                calendar years, such individual need not file a report
                unless he becomes a candidate for another vacancy in that
                office or another office during that year.
                    (d) Any individual who is an officer or employee
                described in subsection (f) during any calendar year and
                performs the duties of his position or office for a period
                in excess of sixty days in that calendar year shall file on
                or before May 15 of the succeeding year a report containing
                the information described in section 102(a).
                    (e) Any individual who occupies a position described in
                subsection (f) shall, on or before the thirtieth day after
                termination of employment in such position, file a report
                containing the information described in section 102(a)
                covering the preceding calendar year if the report required
                by subsection (d) has not been filed and covering the
                portion of the calendar year in which such termination
                occurs up to the date the individual left such office or
                position, unless such individual has accepted employment in
                another position described in subsection (f).
                    (f) The officers and employees referred to in
                subsections (a), (d), and (e) are--
                                (1) the President;
                                (2) the Vice President;
                                (3) each officer or employee in the
                            executive branch, including a special Government
                            employee as defined in section 202 of title 18,
                            United States Code, who occupies a position
                            classified above GS-15 of the General Schedule
                            or, in the case of positions not under the
                            General Schedule, for which the rate of basic
                            pay is equal to or greater than 120 percent of
                            the minimum rate of basic pay payable for GS-15
                            of the General Schedule; each member of a
                            uniformed service whose pay grade is at or in
                            excess of O-7 under section 201 of title 37,
                            United States Code; and each officer or employee
                            in any other position determined by the Director
                            of the Office of Government Ethics to be of
                            equal classification;
                                (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 Regulatory
                            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;

    [[Page 854]]

                                (8) any civilian employee not described in
                            paragraph (3), employed in the Executive Office
                            of the President (other than a special
                            government employee) who holds a commission of
                            appointment from the President;
                                (9) a Member of Congress as defined under
                            section 109(12);
                                (10) an officer or employee of the Congress
                            as defined under section 109(13);
                                (11) a judicial officer as defined under
                            section 109(10); and
                                (12) a judicial employee as defined under
                            section 109(8).
                    (g)(1) Reasonable extensions of time for filing any
                report may be granted under procedures prescribed by the
                supervising ethics office for each branch, but the total of
                such extensions shall not exceed ninety days.
                    (2)(A) In the case of an individual who is serving in
                the Armed Forces, or serving in support of the Armed Forces,
                in an area while that area is designated by the President by
                Executive order as a combat zone for purposes of section 112
                of the Internal Revenue Code of 1986, the date for the
                filing of any report shall be extended so that the date is
                180 days after the later of--
                                (i) the last day of the individual's service
                            in such area during such designated period; or
                                (ii) the last day of the individual's
                            hospitalization as a result of injury received
                            or disease contracted while serving in such
                            area.
                    (B) The Office of Government Ethics, in consultation
                with the Secretary of Defense, may prescribe procedures
                under this paragraph.
                    (h) The provisions of subsections (a), (b), and (e)
                shall not apply to an individual who, as determined by the
                designated agency ethics official or Secretary concerned (or
                in the case of a Presidential appointee under subsection
                (b), the Director of the Office of Government Ethics), the
                congressional ethics committees, or the Judicial Conference,
                is not reasonably expected to perform the duties of his
                office or position for more than sixty days in a calendar
                year, except that if such individual performs the duties of
                his office or position for more than sixty days in a
                calendar year--
                                (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),

    [[Page 855]]

                            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; Pub.L. 109-435, Title VI,
                            Sec. 604(c), Dec. 20, 2006, 120 Stat. 3241.)
          1173  Sec. 102. Contents of reports.
                    (a) Each report filed pursuant to section 101 (d) and
                (e) shall include a full and complete statement with respect
                to the following:
                                (1)(A) The source, type, and amount or value
                            of income (other than income referred to in
                            subparagraph (B)) from any source (other than
                            from current employment by the United States
                            Government), and the source, date, and amount of
                            honoraria from any source, received during the
                            preceding calendar year, aggregating $200 or
                            more in value and, effective January 1, 1991,
                            the source, date, and amount of payments made to
                            charitable organizations in lieu of honoraria,
                            and the reporting individual shall
                            simultaneously file with the applicable
                            supervising ethics office, on a confidential
                            basis, a corresponding list of recipients of all
                            such payments, together with the dates and
                            amounts of such payments.
                                (B) The source and type of income which
                            consists of dividends, rents, interest, and
                            capital gains, received during the preceding
                            calendar year which exceeds $200 in amount or
                            value, and an indication of which of the
                            following categories the amount or value of such
                            item of income is within:

                                    (i) not more than $1,000,

                                    (ii) greater than $1,000 but not more
                                than $2,500,

                                    (iii) greater than $2,500 but not more
                                than $5,000,

                                    (iv) greater than $5,000 but not more
                                than $15,000,

                                    (v) greater than $15,000 but not more
                                than $50,000,

                                    (vi) greater than $50,000 but not more
                                than $100,000,

                                    (vii) greater than $100,000 but not more
                                than $1,000,000,

                                    (viii) greater than $1,000,000 but not
                                more than $5,000,000, or

                                    (ix) greater than $5,000,000.

                                (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.

    [[Page 856]]

                                (3) The identity and category of value of
                            any interest in property held during the
                            preceding calendar year in a trade or business,
                            or for investment or the production of income,
                            which has a fair market value which exceeds
                            $1,000 as of the close of the preceding calendar
                            year, excluding any personal liability owed to
                            the reporting individual by a spouse, or by a
                            parent, brother, sister, or child of the
                            reporting individual or of the reporting
                            individual's spouse, or any deposits aggregating
                            $5,000 or less in a personal savings account.
                            For purposes of this paragraph, a personal
                            savings account shall include any certificate of
                            deposit or any other form of deposit in a bank,
                            savings and loan association, credit union, or
                            similar financial institution.
                                (4) The identity and category of value of
                            the total liabilities owed to any creditor other
                            than a spouse, or a parent, brother, sister, or
                            child of the reporting individual or of the
                            reporting individual's spouse which exceed
                            $10,000 at any time during the preceding
                            calendar year, excluding--

                                    (A) any mortgage secured by real
                                property which is a personal residence of
                                the reporting individual or his spouse; and

                                    (B) any loan secured by a personal motor
                                vehicle, household furniture, or appliances,
                                which loan does not exceed the purchase
                                price of the item which secures it.

                        With respect to revolving charge accounts, only
                        those with an outstanding liability which exceeds
                        $10,000 as of the close of the preceding calendar
                        year need be reported under this paragraph.
                                (5) Except as provided in this paragraph, a
                            brief description, the date, and category of
                            value of any purchase, sale or exchange during
                            the preceding calendar year which exceeds
                            $1,000--

                                    (A) in real property, other than
                                property used solely as a personal residence
                                of the reporting individual or his spouse;
                                or

                                    (B) in stocks, bonds, commodities
                                futures, and other forms of securities.

                        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

    [[Page 857]]

                                    (ii) a brief description of the nature
                                of the duties performed or services rendered
                                by the reporting individual for each such
                                source.

                        The preceding sentence shall not require any
                        individual to include in such report any information
                        which is considered confidential as a result of a
                        privileged relationship, established by law, between
                        such individual and any person nor shall it require
                        an individual to report any information with respect
                        to any person for whom services were provided by any
                        firm or association of which such individual was a
                        member, partner, or employee unless such individual
                        was directly involved in the provision of such
                        services.
                                (7) A description of the date, parties to,
                            and terms of any agreement or arrangement with
                            respect to (A) future employment; (B) a leave of
                            absence during the period of the reporting
                            individual's Government service; (C)
                            continuation of payments by a former employer
                            other than the United States Government; and (D)
                            continuing participation in an employee welfare
                            or benefit plan maintained by a former employer.
                                (8) The category of the total cash value of
                            any interest of the reporting individual in a
                            qualified blind trust, unless the trust
                            instrument was executed prior to July 24, 1995
                            and precludes the beneficiary from receiving
                            information on the total cash value of any
                            interest in the qualified blind trust.
                    (b)(1) Each report filed pursuant to subsections (a),
                (b), and (c) of section 101 shall include a full and
                complete statement with respect to the information required
                by--
                                (A) paragraph (1) of subsection (a) for the
                            year of filing and the preceding calendar year.
                                (B) paragraphs (3) and (4) of subsection (a)
                            as of the date specified in the report but which
                            is less than thirty-one days before the filing
                            date, and
                                (C) paragraphs (6) and (7) of subsection (a)
                            as of the filing date but for periods described
                            in such paragraphs.
                    (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;

    [[Page 858]]

                                (F) greater than $500,000 but not more than
                            $1,000,000;
                                (G) greater than $1,000,000 but not more
                            than $5,000,000;
                                (H) greater than $5,000,000 but not more
                            than $25,000,000;
                                (I) greater than $25,000,000 but not more
                            than $50,000,000; and
                                (J) greater than $50,000,000.
                    (2) For the purposes of paragraph (3) of subsection (a)
                if the current value of an interest in real property (or an
                interest in a real estate partnership) is not ascertainable
                without an appraisal, an individual may list (A) the date of
                purchase and the purchase price of the interest in the real
                property, or (B) the assessed value of the real property for
                tax purposes, adjusted to reflect the market value of the
                property used for the assessment if the assessed value is
                computed at less than 100 percent of such market value, but
                such individual shall include in his report a full and
                complete description of the method used to determine such
                assessed value, instead of specifying a category of value
                pursuant to paragraph (1) of this subsection. If the current
                value of any other item required to be reported under
                paragraph (3) of subsection (a) is not ascertainable without
                an appraisal, such individual may list the book value of a
                corporation whose stock is not publicly traded, the net
                worth of a business partnership, the equity value of an
                individually owned business, or with respect to other
                holdings, any recognized indication of value, but such
                individual shall include in his report a full and complete
                description of the method used in determining such value. In
                lieu of any value referred to in the preceding sentence, an
                individual may list the assessed value of the item for tax
                purposes, adjusted to reflect the market value of the item
                used for the assessment if the assessed value is computed at
                less than 100 percent of such market value, but a full and
                complete description of the method used in determining such
                assessed value shall be included in the report.
                    (e)(1) Except as provided in the last sentence of this
                paragraph, each report required by section 101 shall also
                contain information listed in paragraphs (1) through (5) of
                subsection (a) of this section respecting the spouse or
                dependent child of the reporting individual as follows:
                                (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 indi

    [[Page 859]]

                            vidual, the identity of the source and a brief
                            description of each such reimbursement.
                                (E) In the case of items described in
                            paragraphs (3) through (5) of subsection (a),
                            all information required to be reported under
                            these paragraphs other than items (i) which the
                            reporting individual certifies represent the
                            spouse's or dependent child's sole financial
                            interest or responsibility and which the
                            reporting individual has no knowledge of, (ii)
                            which are not in any way, past or present,
                            derived from the income, assets, or activities
                            of the reporting individual, and (iii) from
                            which the reporting individual neither derives,
                            nor expects to derive, any financial or economic
                            benefit.
                                (F) For purposes of this section, categories
                            with amounts or values greater than $1,000,000
                            set forth in sections 102(a)(1)(B) and 102(d)(1)
                            shall apply to the income, assets, or
                            liabilities of spouses and dependent children
                            only if the income, assets, or liabilities are
                            held jointly with the reporting individual. All
                            other income, assets, or liabilities of the
                            spouse or dependent children required to be
                            reported under this section in an amount or
                            value greater than $1,000,000 shall be
                            categorized only as an amount or value greater
                            than $1,000,000.

                Reports required by subsections (a), (b), and (c) of section
                101 shall, with respect to the spouse and dependent child of
                the reporting individual, only contain information listed in
                paragraphs (1), (3), and (4) of subsection (a), as specified
                in this paragraph.

                    (2) No report shall be required with respect to a spouse
                living separate and apart from the reporting individual with
                the intention of terminating the marriage or providing for
                permanent separation; or with respect to any income or
                obligations of an individual arising from the dissolution of
                his marriage or the permanent separation from his spouse.
                    (f)(1) Except as provided in paragraph (2), each
                reporting individual shall report the information required
                to be reported pursuant to subsections (a), (b), and (c) of
                this section with respect to the holdings of and the income
                from a trust or other financial arrangement from which
                income is received by, or with respect to which a beneficial
                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:

    [[Page 860]]

                                (A)(i) The trustee of the trust and any
                            other entity designated in the trust instrument
                            to perform fiduciary duties is a financial
                            institution, an attorney, a certified public
                            accountant, a broker, or an investment advisor
                            who--

                                    (I) is independent of and not associated
                                with any interested party so that the
                                trustee or other person cannot be controlled
                                or influenced in the administration of the
                                trust by any interested party;

                                    (II) is not and has not been an employee
                                of or affiliated with any interested party
                                and is not a partner of, or involved in any
                                joint venture or other investment with, any
                                interested party; and

                                    (III) is not a relative of any
                                interested party.

                                (ii) Any officer or employee of a trustee or
                            other entity who is involved in the management
                            or control of the trust--

                                    (I) is independent of and not associated
                                with any interested party so that such
                                officer or employee cannot be controlled or
                                influenced in the administration of the
                                trust by any interested party;

                                    (II) is not a partner of, or involved in
                                any joint venture or other investment with,
                                any interested party; and

                                    (III) is not a relative of any
                                interested party.

                                (B) Any asset transferred to the trust by an
                            interested party is free of any restriction with
                            respect to its transfer or sale unless such
                            restriction is expressly approved by the
                            supervising ethics office of the reporting
                            individual.
                                (C) The trust instrument which establishes
                            the trust provides that--

                                    (i) except to the extent provided in
                                subparagraph (B) of this paragraph, the
                                trustee in the exercise of his authority and
                                discretion to manage and control the assets
                                of the trust shall not consult or notify any
                                interested party;

                                    (ii) the trust shall not contain any
                                asset the holding of which by an interested
                                party is prohibited by any law or
                                regulation;

                                    (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;

    [[Page 861]]

                                    (vi) except for communications which
                                solely consist of requests for distributions
                                of cash or other unspecified assets of the
                                trust, there shall be no direct or indirect
                                communication between the trustee and an
                                interested party with respect to the trust
                                unless such communication is in writing and
                                unless it relates only (I) to the general
                                financial interest and needs of the
                                interested party (including, but not limited
                                to, an interest in maximizing income or
                                long-term capital gain), (II) to the
                                notification of the trustee of a law or
                                regulation subsequently applicable to the
                                reporting individual which prohibits the
                                interested party from holding an asset,
                                which notification directs that the asset
                                not be held by the trust, or (III) to
                                directions to the trustee to sell all of an
                                asset initially placed in the trust by an
                                interested party which in the determination
                                of the reporting individual creates a
                                conflict of interest or the appearance
                                thereof due to the subsequent assumption of
                                duties by the reporting individual (but
                                nothing herein shall require any such
                                direction); and

                                    (vii) the interested parties shall make
                                no effort to obtain information with respect
                                to the holdings of the trust, including
                                obtaining a copy of any trust tax return
                                filed or any information relating thereto
                                except as otherwise provided in this
                                subsection.

                                (D) The proposed trust instrument and the
                            proposed trustee is approved by the reporting
                            individual's supervising ethics office.
                                (E) For purposes of this subsection,
                            ``interested party'' means a reporting
                            individual, his spouse, and any minor or
                            dependent child; ``broker'' has the meaning set
                            forth in section 3(a)(4) of the Securities and
                            Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
                            ``investment adviser'' includes any investment
                            adviser who, as determined under regulations
                            prescribed by the supervising ethics office, is
                            generally involved in his role as such an
                            adviser in the management or control of trusts.
                                (F) Any trust qualified by a supervising
                            ethics office before the effective date of title
                            II of the Ethics Reform Act of 1989 shall
                            continue to be governed by the law and
                            regulations in effect immediately before such
                            effective date.
                    (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,

    [[Page 862]]

                            from making public or informing any interested
                            party of the sale of any securities;
                                (IV) the trustee is given power of attorney,
                            notwithstanding the provisions of paragraph
                            (3)(C)(v) of this subsection, to prepare on
                            behalf of any interested party the personal
                            income tax returns and similar returns which may
                            contain information relating to the trust; and
                                (V) except as otherwise provided in this
                            paragraph, the trust instrument provides (or in
                            the case of a trust established prior to the
                            effective date of this Act which by its terms
                            does not permit amendment, the trustee, the
                            reporting individual, and any other interested
                            party agree in writing) that the trust shall be
                            administered in accordance with the requirements
                            of this subsection and the trustee of such trust
                            meets the requirements of paragraph (3)(A).
                    (ii) In any instance covered by subparagraph (B) in
                which the reporting individual is an individual whose
                nomination is being considered by a congressional committee,
                the reporting individual shall inform the congressional
                committee considering his nomination before or during the
                period of such individual's confirmation hearing of his
                intention to comply with this paragraph.
                    (5)(A) The reporting individual shall, within thirty
                days after a qualified blind trust is approved by his
                supervising ethics office, file with such office a copy of--
                                (i) the executed trust instrument of such
                            trust (other than those provisions which relate
                            to the testamentary disposition of the trust
                            assets), and
                                (ii) a list of the assets which were
                            transferred to such trust, including the
                            category of value of each asset as determined
                            under subsection (d) of this section.

                This subparagraph shall not apply with respect to a trust
                meeting the requirements for being considered a qualified
                blind trust under paragraph (7) of this subsection.

                    (B) The reporting individual shall, within thirty days
                of transferring an asset (other than cash) to a previously
                established qualified blind trust, notify his supervising
                ethics office of the identity of each such 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.

    [[Page 863]]

                    (6)(A) A trustee of a qualified blind trust shall not
                knowingly and willfully, or negligently, (i) disclose any
                information to an interested party with respect to such
                trust that may not be disclosed under paragraph (3) of this
                subsection; (ii) acquire any holding the ownership of which
                is prohibited by the trust instrument; (iii) solicit advice
                from any interested party with respect to such trust, which
                solicitation is prohibited by paragraph (3) of this
                subsection or the trust agreement; or (iv) fail to file any
                document required by this subsection.
                    (B) A reporting individual shall not knowingly and
                willfully, or negligently, (i) solicit or receive any
                information with respect to a qualified blind trust of which
                he is an interested party that may not be disclosed under
                paragraph (3)(C) of this subsection; or (ii) fail to file
                any document required by this subsection.
                    (C)(i) The Attorney General may bring a civil action in
                any appropriate United States district court against any
                individual who knowingly and willfully violates the
                provisions of subparagraph (A) or (B) of this paragraph. The
                court in which such action is brought may assess against
                such individual a civil penalty in any amount not to exceed
                $10,000.
                    (ii) The Attorney General may bring a civil action in
                any appropriate United States district court against any
                individual who negligently violates the provisions of
                subparagraph (A) or (B) of this paragraph. The court in
                which such action is brought may assess against such
                individual a civil penalty in any amount not to exceed
                $5,000.
                    (7) Any trust may be considered to be a qualified blind
                trust if--
                                (A) the trust instrument is amended to
                            comply with the requirements of paragraph (3)
                            or, in the case of a trust instrument which does
                            not by its terms permit amendment, the trustee,
                            the reporting individual, and any other
                            interested party agree in writing that the trust
                            shall be administered in accordance with the
                            requirements of this subsection and the trustee
                            of such trust meets the requirements of
                            paragraph (3)(A); except that in the case of any
                            interested party who is a dependent child, a
                            parent or guardian of such child may execute the
                            agreement referred to in this subparagraph;
                                (B) a copy of the trust instrument (except
                            testamentary provisions) and a copy of the
                            agreement referred to in subparagraph (A), and 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.

    [[Page 864]]

                    (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.)
          1174  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 Govern

    [[Page 865]]

                ment 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
                            Capitol Police, the United States Botanic
                            Garden, the Congressional Budget Office, the
                            Government Printing Office, the Library of
                            Congress, or the Copyright Royalty Tribunal
                            (including any individual terminating service,
                            under section 101(e), in any office or position
                            referred to in this subclause), or an individual
                            described in section 101(c) who is a candidate
                            for nomination or election as a Representative
                            in Congress, a Delegate to Congress, or the
                            Resident Commissioner from Puerto Rico; and
                                (II) the Secretary of the Senate, in the
                            case of a Senator, an officer or employee of the
                            Congress whose compensation is disbursed by the
                            Secretary of the Senate, an officer or employee
                            of the Government Accountability 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).

    [[Page 866]]

                    (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. 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; Pub.L.
                108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 109-
                55, Title I, Sec. 1003(a), Aug. 2, 2005, 119 Stat. 572.)
          1175  Sec. 104. Failure to file or filing false reports.
                    (a)(1) 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 $50,000.
                                (2)(A) It shall be unlawful for any person
                            to knowingly and willfully--

                                    (i) falsify any information that such
                                person is required to report under section
                                102; and

                                    (ii) fail to file or report any
                                information that such person is required to
                                report under section 102.

                                (B) Any person who--

                                    (i) violates subparagraph (A)(i) shall
                                be fined under title 18, United States Code,
                                imprisoned for not more than 1 year, or
                                both; and

    [[Page 867]]

                                    (ii) violates subparagraph (A)(ii) shall
                                be fined under title 18, United States Code.

                    (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; Pub.L. 110-81, Title VII, Sec.  702, Sept.
                14, 2007, 121 Stat. 775.)
          1176  Sec. 105. Custody of and public access to reports.
                    (a) Each agency, each supervising ethics office in the
                executive or judicial branch, the Clerk of the House of
                Representatives, and the Secretary of the Senate shall make
                available to the public, in accordance with subsection (b),
                each report filed under this title with such agency or
                office or with the Clerk or the Secretary of the Senate,
                except that--
                                (1) this section does not require public
                            availability of a report filed by any individual
                            in the Office of the Director of National
                            Intelligence, the Central Intelligence Agency,
                            the Defense Intelligence Agency, the National
                            Geospatial-Intelligence 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

    [[Page 868]]

                            by such individual, public disclosure of such
                            report would, be\1\ 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
                    \1\ So in original. Probably should be ``by''.
                                (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.
                    (2) Not withstanding 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.

                    (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\2\ Service, that revealing
                personal and sensitive information could endanger that
                individual or a family member of that individual.
                    \2\ So in original. Probably should be ``Marshal''.
                    (B) A report may be redacted pursuant to this paragraph
                only--
                                (i) to the extent necessary to protect the
                            individual who filed the report or a family
                            member of that individual; and
                                (ii) for as long as the danger to such
                            individual exists.

    [[Page 869]]

                    (C) The Administrative Office of the United States
                Courts shall submit to the Committees on the Judiciary of
                the House of Representatives and of the Senate an annual
                report with respect to the operation of this paragraph
                including--
                                (i) the total number of reports redacted
                            pursuant to this paragraph;
                                (ii) the total number of individuals whose
                            reports have been redacted pursuant to this
                            paragraph;
                                (iii) the types of threats against
                            individuals whose reports are redacted, if
                            appropriate;
                                (iv) the nature or type of information
                            redacted;
                                (v) what steps or procedures are in place to
                            ensuree that sufficient information is available
                            to litigants to determine if there is a conflict
                            of interest;
                                (vi) principles used to guide implementation
                            of redaction authority; and
                                (vii) any public complaints received
                            relating to redaction.
                    (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, 2011,
                and apply to filings through calendar year 2011.
                    (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 reports shall be destroyed one
                year after the individual either is no longer under
                consideration by the Senate or is no longer a candidate for
                nomination or election to the Office of President, Vice
                President, or as a Member of Congress, unless needed in an
                ongoing investigation. (Pub.L. 95-521, Title I, Sec. 105,
                Oct. 26, 1978, 92 Stat. 1833; Pub.L. 101-194, Title II,
                Sec. 202, Nov. 30, 1989, 103 Stat.

    [[Page 870]]

                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; Pub.L. 108-136, Sec. 921(g),
                Nov. 24, 2003, 117 Stat. 1568; Pub.L. 108-458, Sec. 1079(c),
                Dec. 17, 2004, 118 Stat. 3695; Pub.L. 110-24, Sec. Sec. 2,
                3, May 3, 2007, 121 Stat. 100; Pub.L. 110-177, Title I,
                Sec.  104, Jan. 7, 2008, 121 Stat. 2535; Pub.L. 110-417,
                Div. A, Title IX, Sec.  931(b)(1), Oct. 14, 2008, 122 Stat.
                4575.)
          1177  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

    [[Page 871]]

                with such laws and regulations and the date by which such
                steps should be taken. Such steps may include, as
                appropriate--
                                (A) divestiture,
                                (B) restitution,
                                (C) the establishment of a blind trust,
                                (D) request for an exemption under section
                            208(b) of title 18, United States Code, or
                                (E) voluntary request for transfer,
                            reassignment, limitation of duties, or
                            resignation.

                The use of any such steps shall be in accordance with such
                rules or regulations as the supervising ethics office may
                prescribe.

                    (4) If steps for assuring compliance with applicable
                laws and regulations are not taken by the date set under
                paragraph (3) by an individual in a position in the
                executive branch (other than in the Foreign Service or the
                uniformed services), appointment to which requires the
                advice and consent of the Senate, the matter shall be
                referred to the President for appropriate action.
                    (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.)
          1178  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

    [[Page 872]]

                required to file a report pursuant to section 101 shall not
                be required to file a confidential report pursuant to this
                subsection, except with respect to information which is more
                extensive than information otherwise required by this title.
                Subsections (a), (b), and (d) of section 105 shall not apply
                with respect to any such report.
                    (2) Any information required to be provided by an
                individual under this subsection shall be confidential and
                shall not be disclosed to the public.
                    (3) Nothing in this subsection exempts any individual
                otherwise covered by the requirement to file a public
                financial disclosure report under this title from such
                requirement.
                    (b) The provisions of this title requiring the reporting
                of information shall supersede any general requirement under
                any other provision of law or regulation with respect to the
                reporting of information required for purposes of preventing
                conflicts of interest or apparent conflicts of interest.
                Such provisions of this title shall not supersede the
                requirements of section 7342 of title 5, United States Code.
                    (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.)
          1179  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.)
          1180  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
                            Govern

    [[Page 873]]

                            ment Accountability Office, and any other entity
                            or administrative unit in the executive branch;
                                (5) ``gift'' means a payment, advance,
                            forbearance, rendering, or deposit of money, or
                            any thing of value, unless consideration of
                            equal or greater value is received by the donor,
                            but does not include--

                                    (A) bequest and other forms of
                                inheritance;

                                    (B) suitable mementos of a function
                                honoring the reporting individual;

                                    (C) food, lodging, transportation, and
                                entertainment provided by a foreign
                                government within a foreign country or by
                                the United States Government, the District
                                of Columbia, or a State or local government
                                or political subdivision thereof;

                                    (D) food and beverages which are not
                                consumed in connection with a gift of
                                overnight lodging;

                                    (E) communications to the offices of a
                                reporting individual, including
                                subscriptions to newspapers and periodicals;
                                or

                                    (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 Con

    [[Page 874]]

                            gress, 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 Government Accountability
                                Office;

                                    (E) the Government Printing Office;

                                    (F) the Library of Congress;

                                    (G) the United States Capitol Police;

                                    (H) the Office of Technology Assessment;
                                and

                                    (I) any other agency, entity, office, or
                                commission established in the legislative
                                branch;

                                (12) ``Member of Congress'' means a United
                            States Senator, a Representative in Congress, a
                            Delegate to Congress, or the Resident
                            Commissioner from Puerto Rico;
                                (13) ``officer or employee of the Congress''
                            means--

                                    (A) any individual described under
                                subparagraph (B), other than a Member of
                                Congress or the Vice President, whose
                                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 (except any officer or
                                employee of the Government Accountability
                                Office) 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) each officer or employee of the
                                Government Accountability Office who, for at
                                least 60 consecutive days, occupies a
                                position for which the rate of basic pay,
                                minus the amount of locality pay that would
                                have been authorized under section 5304 of
                                title 5, United States Code (had the officer
                                or employee been paid under the General
                                Schedule) for the locality within which the
                                position of such officer or employee is
                                located (as determined by the Comptroller
                                General), is equal to or greater than 120
                                percent of the minimum rate of basic pay
                                payable for GS-15 of the General Schedule;
                                and

                                    (iii) 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;

    [[Page 875]]

                                    (B) required to be reported by the
                                reporting individual under section 7342 of
                                title 5, United States Code; or

                                    (C) required to be reported under
                                section 304 of the Federal Election Campaign
                                Act of 1971 (2 U.S.C. 434);

                                (16) ``relative'' means an individual who is
                            related to the reporting individual, as father,
                            mother, son, daughter, brother, sister, uncle,
                            aunt, great aunt, great uncle, first cousin,
                            nephew, niece, husband, wife, grandfather,
                            grandmother, grandson, granddaughter, father-in-
                            law, mother-in-law, son-in-law, daughter-in-law,
                            brother-in-law, sister-in-law, stepfather,
                            stepmother, stepson, stepdaughter, stepbrother,
                            stepsister, half brother, half sister, or who is
                            the grandfather or grandmother of the spouse of
                            the reporting individual, and shall be deemed to
                            include the fiance or fiancee of the reporting
                            individual;
                                (17) ``Secretary concerned'' has the meaning
                            set forth in section 101(a)(9) of title 10,
                            United States Code, and, in addition, means--

                                    (A) the Secretary of Commerce, with
                                respect to matters concerning the National
                                Oceanic and Atmospheric Administration;

                                    (B) the Secretary of Health and Human
                                Services, with respect to matters concerning
                                the Public Health Service; and

                                    (C) the Secretary of State, with respect
                                to matters concerning the Foreign Service;

                                (18) ``supervising ethics office'' means--

                                    (A) the Select Committee on Ethics of
                                the Senate, for Senators, officers and
                                employees of the Senate, and other officers
                                or employees of the legislative branch
                                required to file financial disclosure
                                reports with the Secretary of the Senate
                                pursuant to section 103(h) of this title;

                                    (B) the Committee on Standards of
                                Official Conduct of the House of
                                Representatives, for Members, officers and
                                employees 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; Pub.L. 108-271, Sec. 8(b),
                            July 7, 2004, 118 Stat. 814; Pub.L. 110-323,
                            Sec.  7, Sept. 22, 2008, 122 Stat. 3547.)

    [[Page 876]]

          1181  Sec. 110. Notice of actions taken to comply with ethics
                    agreements.
                    (a) In any case in which an individual agrees with that
                individual's designated agency ethics official, the Office
                of Government Ethics, a Senate confirmation committee, a
                congressional ethics committee, or the Judicial Conference,
                to take any action to comply with this Act or any other law
                or regulation governing conflicts of interest of, or
                establishing standards of conduct applicable with respect
                to, officers or employees of the Government, that individual
                shall notify in writing the designated agency ethics
                official, the Office of Government Ethics, the appropriate
                committee of the Senate, the congressional ethics committee,
                or the Judicial Conference, as the case may be, of any
                action taken by the individual pursuant to that agreement.
                Such notification shall be made not later than the date
                specified in the agreement by which action by the individual
                must be taken, or not later than three months after the date
                of the agreement, if no date for action is so specified.
                    (b) If an agreement described in subsection (a) requires
                that the individual recuse himself or herself from
                particular categories of agency or other official action,
                the individual shall reduce to writing those subjects
                regarding which the recusal agreement will apply and the
                process by which it will be determined whether the
                individual must recuse himself or herself in a specific
                instance. An individual shall be considered to have complied
                with the requirements of subsection (a) with respect to such
                recusal agreement if such individual files a copy of the
                document setting forth the information described in the
                preceding sentence with such individual's designated agency
                ethics official or the appropriate supervising ethics office
                within the time prescribed in the last sentence of
                subsection (a). (Pub.L. 101-194, Title II, Sec. 202, Nov.
                30, 1989, 103 Stat. 1744, amended Pub.L. 101-280, Sec. 3(1),
                May 4, 1990, 104 Stat. 152.)
          1182  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.)

          1183  Sec. 112. Repealed (Pub.L. 101-280, Sec. 3(10)(A), May 4,
                    1990, 104 Stat. 157).
                   Title V.--Governmentwide Limitations on Outside Earned
                                    Income and Employment

    [[Page 877]]

          1184  Sec. 501. Outside earned income limitation.
                    (a) Outside earned income limitation--
                                (1) Except as provided by paragraph (2), a
                            Member or an officer or employee who is a
                            noncareer officer or employee and who occupies a
                            position classified above GS-15 of the General
                            Schedule, or in the case of positions not under
                            the General Schedule, for which the rate of work
                            pay is equal to or greater than 120 percent of
                            the minimum rate of basic pay payable for GS-15
                            of the General Schedule, may not in any calendar
                            year have outside earned income attributable to
                            such calendar year which exceeds 15 percent of
                            the annual rate of basic pay for level II of the
                            Executive Schedule under section 5313 of title
                            5, United States Code, as of January 1 of such
                            calendar year.
                                (2) In the case of any individual who during
                            a calendar year becomes a Member or an officer
                            or employee who is a noncareer officer or
                            employee and who occupies a position classified
                            above GS-15 of the General Schedule, or in the
                            case of positions not under the General
                            Schedule, for which the rate of work pay is
                            equal to or greater than 120 percent of the
                            minimum rate of basic pay payable for GS-15 of
                            the General Schedule, such individual may not
                            have outside earned income attributable to the
                            portion of that calendar year which occurs after
                            such individual becomes a Member or such an
                            officer or employee which exceeds 15 percent of
                            the annual rate of basic pay for level II of the
                            Executive Schedule under section 5313 of title
                            5, United States Code, as of January 1 of such
                            calendar year multiplied by a fraction the
                            numerator of which is the number of days such
                            individual is a Member or such officer or
                            employee during such calendar year and the
                            denominator of which is 365.
                    (b) Honoraria prohibition.--An individual may not
                receive any honorarium while that individual is a Member,
                officer or employee.
                    (c) Treatment of charitable contributions.--Any
                honorarium which, except for subsection (b), might be paid
                to a Member, officer or employee, but which is paid instead
                on behalf of such Member, officer or employee to a
                charitable organization, shall be deemed not to be 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.)
          1185  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--

    [[Page 878]]

                                (1) receive compensation for affiliating
                            with or being employed by a firm, partnership,
                            association, corporation, or other entity which
                            provides professional services involving a
                            fiduciary relationship;
                                (2) permit that Member's, officer's or
                            employee's name to be used by any such firm,
                            partnership, association, corporation, or other
                            entity;
                                (3) receive compensation for practicing a
                            profession which involves a fiduciary
                            relationship;
                                (4) serve for compensation as an officer or
                            member of the board of any association,
                            corporation, or other entity; or
                                (5) receive compensation for teaching,
                            without the prior notification and approval of
                            the appropriate entity referred to in section
                            503.
                    (b) Teaching compensation of justices and judges retired
                from regular active service.--For purposes of the limitation
                under section 501(a), any compensation for teaching approved
                under subsection (a)(5) of this section shall not be treated
                as outside earned income--
                                (1) when received by a justice of the United
                            States retired from regular active service under
                            section 371(b) of title 28, United States Code;
                                (2) when received by a judge of the United
                            States retired from regular active service under
                            section 371(b) of title 28, United States Code,
                            for teaching performed during any calendar year
                            for which such judge has met the requirements of
                            subsection (f) of section 371 of title 28,
                            United States Code, as certified in accordance
                            with such subsection; or
                                (3) when received by a justice or judge of
                            the United States retired from regular active
                            service under section 372(a) of title 28, United
                            States Code.

                (Pub.L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
                amended Pub.L. 101-194, Title VI Sec. 601(a), Nov. 30, 1989,
                103 Stat. 1760; Pub.L. 101-280, Sec. 7(a)(1),(b), May 4,
                1990, 104 Stat. 161; Pub.L. 101-650, Title III, Sec. 319,
                Dec. 1, 1990, 104 Stat. 5117; Pub.L. 102-198, Sec. 6, Dec.
                9, 1991, 105 Stat. 1624; Pub.L. 102-378, Sec. 4(b) (1), (2),
                Oct. 2, 1992, 106 Stat. 1357.)

          1186  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

    [[Page 879]]

                            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.)
          1187  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.)

          1188  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 880]]

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--DEPARTMENT OF DEFENSE

                                        * * * * * * *

          1200  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 therefor 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 881]]

                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, Pub.L. 93-155, Title
                VIII, Sec. 803(a), 87 Stat. 612; Oct. 7, 1975, Pub.L. 94-
                106, Title VIII, Sec. 801(a), 89 Stat. 537; July 14, 1976,
                Pub.L. 94-361, Title III, Sec. 302, 90 Stat. 924; Nov. 9,
                1979, Pub.L. 96-107, Title III, Sec. 303(b), 93 Stat. 806;
                Sept. 8, 1980, Pub.L. 96-342, Title X, Sec. 1001(a)(1), (b),
                (c), (d)(1), 94 Stat. 1117; Dec. 12, 1980, Pub.L. 96-513,
                Title I, Sec. 102, Title V, Part B, Sec. 511(4), 94 Stat.
                2840, 2920; July 10, 1981, Pub.L. 97-22, Sec. 2(b), 95 Stat.
                124; Dec. 1, 1981, Pub.L. 97-86, Title III, Sec. 302, Title
                IX, Sec. Sec. 901(a), 902, 903, 95 Stat. 1104, 1113; Dec.
                29, 1981, Pub.L. 97-113, Title I, Sec. 108(b), 95 Stat.
                1524; July 12, 1982, Pub.L. 97-214, Sec. 4, 96 Stat. 170;
                Sept. 8, 1982, Pub.L. 97-252, Title IV, Sec. 402(a), Title
                XI, Sec. Sec. 1103, 1105, 96 Stat. 725, 738; Oct. 12, 1982,
                Pub.L. 97-295, Sec. 1(3), (4), 96 Stat. 1289; Oct. 19, 1984,
                Pub.L. 98-525, Title XIV, Sec. 1405(2), 98 Stat. 2621; Nov.
                8, 1985, Pub.L. 99-145, Title XII, Part A, Sec. 1208, Title
                XIV, Part A, Sec. 1403, 99 Stat. 723, 743; Oct. 1, 1986,
                Pub.L. 99-433, Title I, Sec. Sec. 101(a)(2) in part, 110(b),
                100 Stat. 994, 1002; Nov. 14, 1986, Pub.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, Pub.L.
                100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, Pub.L.
                100-180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat.
                1154; Nov. 29, 1989, Pub.L. 101-189, Div. A, Title XVI, Part
                A, Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, Pub.L. 101-
                510, Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat.
                1704; Feb. 10, 1996, Pub.L. 104-106, Div. A, Title XV,
                Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, Pub.L. 104-
                201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
                2632.)
          1201  Sec. 115. Personnel strengths: requirement for annual
                    authorization.
                    (a) Active-Duty and Selected Reserve End Strengths To Be
                Authorized by Law.--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,
                            unless on active duty pursuant to subsection (b)
                            and (B) active-duty personnel and full-time
                            National Guard duty personnel who are to be paid
                            from funds appropriated for reserve personnel
                            unless on active duty or full-time National
                            Guard duty pursuant to subsection (b).
                                (2) The end strength for the Selected
                            Reserve of each reserve component of the armed
                            forces.
                    (b) Certain Reserves on Active Duty To Be Authorized by
                Law.--(1) Congress shall annually authorize the maximum
                number of members of a reserve component permitted to be on
                active duty or full-time National Guard duty at any given
                time who are called or ordered to--

    [[Page 882]]

                                (A) active duty under section 12301(d) of
                            the title for the purpose of providing
                            operational support, as prescribed in regulation
                            issued by the Secretary of Defense:
                                (B) full-time National Guard duty under
                            section 502(f)(2) of title 32 for the purpose of
                            providing operational support when authorized by
                            the Secretary of Defense;
                                (C) active duty under section 12301(d) of
                            this title or full-time National Guard duty
                            under section 502(f)(2) of title 32 for the
                            purpose of preparing for and performing funeral
                            honors functions for funerals of veterans under
                            section 1491 of this title;
                                (D) active duty or retained on active duty
                            under sections 12301(g) of this title while in a
                            captive status; or
                                (E) active duty or retained on active duty
                            under 12301(h) or 12322 of this title for the
                            purpose of medical evaluation or treatment.
                    (2) A member of a reserve component who exceeds either
                of the following limits shall be included in the strength
                authorized under subparagraph (A) or subparagraph (B), as
                appropriate, of subsection (a)(1):
                                (A) A call or order to active duty or full-
                            time National Guard duty that specifies a period
                            greater than three years.
                                (B) The cumulative periods of active duty
                            and full-time National Guard duty performed by
                            the member exceed 1095 days in the previous 1460
                            days.
                    (3) In determining the period of active service under
                paragraph (2), the following periods of active service
                performed by a member shall not be included:
                                (A) All periods of active duty performed by
                            a member who has not previously served in the
                            Selected Reserve of the Ready Reserve.
                                (B) All periods of active duty or full-time
                            National Guard duty for which the member is
                            exempt from strength accounting under paragraphs
                            (1) through (8) of subsection (i).
                    (c) Limitation on Appropriations for Military
                Personnel.--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;
                                (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; or
                                (3) the use of reserve component personnel
                            to perform active duty or full-time National
                            Guard duty under subsection (b) unless the
                            strength for such personnel for that reserve
                            component for that fiscal year has been
                            authorized by law.
                    (d) Military Technician (Dual Status) End Strengths To
                Be Authorized by Law.--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 sub

    [[Page 883]]

                mitted 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.
                    (e) End-of-Quarter Strength Levels.--(1) The Secretary
                of Defense shall prescribe and include in the budget
                justification documents submitted to Congress in support of
                the President's budget for the Department of Defense for any
                fiscal year the Secretary's proposed end-of-quarter
                strengths for each of the first three quarters of the fiscal
                year for which the budget is submitted, in addition to the
                Secretary's proposed fiscal-year end-strengths for that
                fiscal year. Such end-of-quarter strengths shall be
                submitted for each category of personnel for which end
                strengths are required to be authorized by law under
                subsection (a) or (d). The Secretary shall ensure that
                resources are provided in the budget at a level sufficient
                to support the end-of-quarter and fiscal-year end-strengths
                as submitted.
                    (2)(A) After annual end-strength levels required by
                subsections (a) and (d) are authorized by law for a fiscal
                year, the Secretary of Defense shall promptly prescribe end-
                of-quarter strength levels for the first three quarters of
                that fiscal year applicable to each such end-strength level.
                Such end-of-quarter strength levels shall be established for
                any fiscal year as levels to be achieved in meeting each of
                those annual end-strength levels authorized by law in
                accordance with subsection (a) (as such levels may be
                adjusted pursuant to subsection (f)) and subsection (d).
                    (B) At least annually, the Secretary of Defense shall
                establish for each of the armed forces (other than the Coast
                Guard) the maximum permissible variance of actual strength
                for an armed force at the end of any given quarter from the
                end-of-quarter strength established pursuant to subparagraph
                (A). Such variance shall be such that it promotes the
                maintaining of the strength necessary to achieve the end-
                strength levels authorized in accordance with subsection (a)
                (as adjusted pursuant to subsection (f)) and subsection (d).
                    (3) Whenever the Secretary establishes an end-of-quarter
                strength level under subparagraph (A) of paragraph (2), or
                modifies a strength level under the authority provided in
                subparagraph (B) of paragraph (2), the Secretary shall
                notify the Committee on Armed Services of the Senate and the
                Committee on Armed Services of the House of Representatives
                of that strength level or of that modification, as the case
                may be.
                    (f) Authority for Secretary of Defense Variances for
                Active Duty and Selected Reserve Strengths.--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 3 percent of that end
                            strength;
                                (2) increase the end strength authorized
                            pursuant to subsection (a)(1)(B) for a fiscal
                            year for any of the armed forces by a number
                            equal to not more than 2 percent of that end
                            strength;
                                (3) vary the end strength authorized
                            pursuant to subsection (a)(2) for a fiscal year
                            for the Selected Reserve of any of the reserve
                            components by a number equal to not more than 2
                            percent of that end strength; and

    [[Page 884]]

                                (4) increase the maximum strength authorized
                            pursuant to subsection (b)(1) for a fiscal year
                            for certain reserves on active duty for any of
                            the reserve components by a number equal to not
                            more than 10 percent of that strength.
                    (g) Authority for Service Secretary Variances for
                Active-Duty End Strengths.--Upon determination by the
                Secretary of a military department that such action would
                enhance manning and readiness in essential units or in
                critical specialties or ratings, the Secretary may increase
                the end strength authorized pursuant to subsection (a)(1)(A)
                for a fiscal year for the armed force under the jurisdiction
                of that Secretary or, in the case of the Secretary of the
                Navy, for any of the armed forces under the jurisdiction of
                that Secretary. Any such increase for a fiscal year--
                    (1) shall be by a number equal to not more than 2
                percent of such authorized end strength; and
                    (2) shall be counted as part of the increase for that
                armed force for that fiscal year authorized under subsection
                (f)(1).
                    (h) Adjustment When Coast Guard is Operating as a
                Service in the Navy.--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.
                    (i) \1\ Certain Personnel Excluded from Counting for
                Active-Duty End Strengths.--In counting personnel for the
                purpose of the end-strengths authorized pursuant to
                subsection (a)(1), persons in the following categories shall
                be excluded:
                    \1\[Repealed. Pub.L. 109-364, Div. A, Title X,
                    Sec. 1071(a)(1)(A), Oct. 17, 2006, 120 Stat. 2398]
                                (1) Members of a reserve component ordered
                            to active duty under section 12301(a) of this
                            title.
                                (2) Members of a reserve component in an
                            active status ordered to active duty under
                            section 12301(b) of this title.
                                (3) Members of the Ready Reserve ordered to
                            active duty under section 12302 of this title.
                                (4) Members of the Selected Reserve of the
                            Ready Reserve or members of the Individual Ready
                            Reserve mobilization category described in
                            section 10144(b) of this title ordered to active
                            duty under section 12304 of this title.
                                (5) Members of the National Guard called
                            into Federal service under section 12406 of this
                            title.
                                (6) Members of the militia called into
                            Federal service under chapter 15 of this title.
                                (7) Members of the National Guard on full-
                            time National Guard duty under section 502(f)(1)
                            of title 32.
                                (8) Members of reserve components on active
                            duty for training or full-time National Guard
                            duty for training.
                                (9) Members of the Selected Reserve of the
                            Ready Reserve on active duty to support programs
                            described in section 1203(b) of the Cooperative
                            Threat Reduction Act of 1993 (22 U.S.C.
                            5952(b)).
                                (10) Members of the National Guard on active
                            duty or full-time National Guard duty for the
                            purpose of carrying out drug interdiction and
                            counter-drug activities under section 112 of
                            title 32.

    [[Page 885]]

                                (11) Members of a reserve component on
                            active duty under section 10(b)(2) of the
                            Military Selective Service Act (50 U.S.C. App.
                            460(b)(2)) for the administration of the
                            Selective Service System.
                                (12) Members of the National Guard on full-
                            time National Guard duty for the purpose of
                            providing command, administrative, training, or
                            support services for the National Guard
                            Challenge Program authorized by section 509 of
                            title 32.
                                (13) Members of the National Guard on full-
                            time National Guard duty involuntarily and
                            performing homeland defense activities under
                            chapter 9 of title 32. (Added Pub.L. 101-510,
                            Div. A, Title XIV, Sec. 1483(a), Nov. 5, 1990,
                            104 Stat. 1710, and amended Pub.L. 102-190, Div.
                            A, Title III, Sec. 312(a), Dec. 5, 1991, 105
                            Stat. 1335; Pub.L. 104-106, Div. A, Title IV,
                            Sec. Sec. 401(c), 415, Title V, Sec. 513(a)(1),
                            Title X, Sec. 1061(c), Title XV,
                            Sec. 1501(c)(3), Feb. 10, 1996, 110 Stat. 286,
                            288, 305, 442, 498; Pub.L. 105-85, Div. A, Title
                            IV, Sec. 413(b), Title V, Sec. 522(i)(1), Nov.
                            18, 1997, 111 Stat. 1720, 1736; Pub.L. 106-65,
                            Div. A, Title IV, Sec. 415, Oct. 5, 1999, 113
                            Stat. 587; Pub.L. 106-398, Sec. 1, [Div. A.,
                            Title IV, Sec. 422], Oct. 30, 2000, 114 Stat.
                            1654, 1654A-96; Pub.L. 107-107, Div. A, Title
                            IV, Sec. Sec. 421(a), 422, Dec. 28, 2001, 115
                            Stat. 1076, 1077; Pub.L. 107-314, Div. A, Title
                            IV, Sec. 403, Dec. 2, 2002, 116 Stat. 2525;
                            Pub.L. 108-136, Div. A, Title IV, Sec. 403(a),
                            (b), Nov. 24, 2003, 117 Stat. 1450; Pub.L. 108-
                            375, Div. A, Title IV, Sec. 416(a) to (d), Title
                            V, Sec. 512(b), Oct. 28, 2004, 118 Stat. 1866,
                            1880; Pub.L. 109-364, Div. A, Title X,
                            Sec. 1071(a)(1), (g)(1)(A), Oct. 17, 2006, 120
                            Stat. 2398, 2402.)
          1202  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 886]]

                                (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) Repealed (Pub.L. 104-106, Div. A, Title X,
                Sec. 1061(d)(4), Feb. 10, 1996, 110 Stat. 442).
                    (g) Redesignated (e).
                    (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

    [[Page 887]]

                year, of the following (displayed in the aggregate and
                separately for military technicians (dual status) and non-
                dual status military technicians):
                                (1) The number of military technicians
                            required to be employed (as specified in
                            accordance with Department of Defense
                            procedures), the number authorized to be
                            employed under Department of Defense personnel
                            procedures, and the number actually employed.
                                (2) Within each of the numbers under
                            paragraph (1)--

                                    (A) the number applicable to a reserve
                                component management headquarter
                                organization; and

                                    (B) the number applicable to high-
                                priority units and organizations (as
                                specified in section 10216(a) of this
                                title). (Added Nov. 5, 1990, 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.)

          1203  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,

    [[Page 888]]

                            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. 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.)
          1204  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 which 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.

    [[Page 889]]

                    (3) In this subsection, the term ``new special access
                program'' means a special access program that has not
                previously been covered in a notice and justification under
                this subsection.
                    (c)(1) Whenever a change in the classification of a
                special access program of the Department of Defense is
                planned to be made or whenever classified information
                concerning a special access program of the Department of
                Defense is to be declassified and made public, the Secretary
                of Defense shall submit to the defense committees a report
                containing a description of the proposed change, the reasons
                for the proposed change, and notice of any public
                announcement planned to be made with respect to the proposed
                change.
                    (2) Except as provided in paragraph (3), any report
                referred to in paragraph (1) shall be submitted not less
                than 14 days before the date on which the proposed change or
                public announcement is to occur.
                    (3) If the Secretary determines that because of
                exceptional circumstances the requirement of paragraph (2)
                cannot be met with respect to a proposed change or public
                announcement concerning a special access program of the
                Department of Defense, the Secretary may submit the report
                required by paragraph (1) regarding the proposed change or
                public announcement at any time before the proposed change
                or public announcement is made and shall include in the
                report an explanation of the exceptional circumstances.
                    (d) Whenever there is a modification or termination of
                the policy and criteria used for designating a program of
                the Department of Defense as a special access program, the
                Secretary of Defense shall 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,

    [[Page 890]]

                            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.)

                             Chapter 9.--DEFENSE BUDGET MATTERS

          1205  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.)
          1206  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 891]]

                (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.)
          1207  Sec. 226. Scoring of outlays.
                (a) Annual OMB/CBO report
                    Not later than April 1 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 that
                            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; Pub.L. 108-136,
                            Sec. 1031(a) Nov. 24, 2003, 117 Stat. 1596;
                            Pub.L. 109-364, Div. A, Title X, Sec. 1007, Oct.
                            17, 2006, 120 Stat. 2373.)

                                        * * * * * * *

                        Chapter 403.--UNITED STATES MILITARY ACADEMY

          1208  Sec. 4342. Cadets: appointment; 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 aca

    [[Page 892]]

                demic year) is 4,000. Subject to that limitation, cadets are
                selected as follows:
                                (1) 65 cadets selected in order of merit as
                            established by competitive examinations from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected disability rated at not less than 100
                            per centum resulting from, wounds or injuries
                            received or diseases contracted in, or
                            preexisting injury or disease aggravated by,
                            active service, children of members who are in a
                            ``missing status'' as defined in section 551(2)
                            of title 37, and children of civilian employees
                            who are in ``missing status'' as defined in
                            section 5561(5) of title 5. The determination of
                            the Department of Veterans Affairs as to service
                            connection of the cause of death or disability,
                            and the percentage at which the disability is
                            rated is binding upon the Secretary of the Army.
                                (2) Five cadets nominated at large by the
                            Vice President or, if there is no Vice
                            President, by the President pro tempore of the
                            Senate.
                                (3) Ten cadets from each State, five of whom
                            are nominated by each Senator from that State.
                                (4) Five cadets from each congressional
                            district, nominated by the Representative from
                            the district.
                                (5) Five cadets from the District of
                            Columbia, nominated by the Delegate to the House
                            of Representatives from the District of
                            Columbia.
                                (6) Three 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) Three cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) Two cadets 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;

    [[Page 893]]

                                    (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
                            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).

    [[Page 894]]

                                (3) If the Secretary limits the number of
                            appointments under subsection (b)(5),
                            appointments under subsection (b)(2)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(2);

                                    (B) 27 appointments under subsection
                                (b)(3); and

                                    (C) 13 appointments under subsection
                                (b)(4).

                                (4) The limitations provided for in this
                            subsection do not affect the operation of
                            subsection (e).
                    (h) The Superintendent 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;
                Pub.L. 108-136, Div. A, Title V, Sec. 524(a), Title X,
                Sec. 1031(a)(53), Nov. 24, 2003, 117 Stat. 1464, 1603;
                Pub.L. 109-364, Div. A, Title X, Sec. 1071(a)(28), Oct. 17,
                2006, 120 Stat. 2399.).
          1209  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;

    [[Page 895]]

                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives, two of whom are
                            members of the Committee on Appropriations of
                            the House of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three years each except that any member whose term of office
                has expired shall continue to serve until his successor is
                appointed. The President shall designate two persons each
                year to succeed the members whose terms expire that year.
                    (c) If a member of the Board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Army, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy that the Board decides to consider.
                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its
                action, and of its views and recommendations pertaining to
                the Academy. Any report of a visit, other than the annual
                visit, shall, if approved by a majority of the members of
                the Board, be submitted to the President within 60 days
                after the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing his duties, each member of the
                Board and each adviser shall be reimbursed under Government
                travel regulations for his travel expenses. (Aug. 10, 1956,
                ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub.L. 96-579,
                Sec. 13(a), 94 Stat. 3369; Pub.L. 104-106, Div. A, Title X,
                Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996,
                110 Stat. 443, 503; Pub.L. 106-65, Div. A, Title X,
                Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

                   Chapter 443.--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

          1210  Sec. 4689. Transfer of material and equipment to the
                    Architect of the Capitol.
                    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, 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; Pub.L.
                107-217, Sec. 2(1), Aug. 21, 2002, 116 Stat. 1294; Pub.L.
                108-375, Sec. 1084(d)(26), Oct. 28, 2004, 118 Stat. 2063.)

    [[Page 896]]

                          Chapter 603.--UNITED STATES NAVAL ACADEMY

          1211  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 or such higher number as may
                be prescribed by the Secretary of the Navy under subsection
                (h).
                                (1) 65 selected in order of merit as
                            established by competitive examination from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected disability rated at not less than 100
                            per centum resulting from, wounds or injuries
                            received or diseases contracted in, or
                            preexisting injury or disease aggravated by,
                            active service, children of members who are in a
                            ``missing status'' as defined in section 551(2)
                            of title 37, and children of civilian employees
                            who are in ``missing status'' as defined in
                            section 5561(5) of title 5. The determination of
                            the Department of Veterans Affairs as to service
                            connection of the cause of death or disability,
                            and the percentage at which the disability is
                            rated, is binding upon the Secretary of the
                            Navy.
                                (2) Five nominated at large by the Vice
                            President or, if there is no Vice President, by
                            the President pro tempore of the Senate.
                                (3) Ten from each State, five of whom are
                            nominated by each Senator from that State.
                                (4) Five nominated by each Representative in
                            Congress.
                                (5) Five from the District of Columbia,
                            nominated by the Delegate to the House of
                            Representatives from the District of Columbia.
                                (6) Three 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) Three from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) Two 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;

    [[Page 897]]

                                    (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 Navy Reserve
                            and the Marine Corps Reserve.
                                (4) 20 nominated by the Secretary of the
                            Navy, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Naval Reserve
                            Officers' Training Corps.
                                (5) 150 selected by the Secretary of the
                            Navy in order of merit (prescribed pursuant to
                            section 6956 of this title) from qualified
                            alternates nominated by person named in clauses
                            (3) and (4) of subsection (a).
                    (c) The President may also appoint as midshipmen at the
                Academy children of persons who have been awarded the medal
                of honor for acts performed while in the armed forces.
                    (d) The Superintendent of the Naval Academy may nominate
                for appointment each year 50 persons from the country at
                large. Persons nominated under this paragraph may not
                displace any appointment authorized under clauses (2)
                through (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 Superintendent of the Naval Academy 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.
                    (h)(1) Beginning with the 2003-2004 academic year, the
                Secretary of the Navy may prescribe annual increases in the
                midshipmen strength limit in effect under subsection (a).
                For any academic year, any such increase shall be by no more
                than 100 midshipmen or such lesser number as applies under
                paragraph (3) for that year. Such annual increases

    [[Page 898]]

                may be prescribed until the midshipmen strength limit is
                4,400. However, no increase may be prescribed for any
                academic year after the 2007-2008 academic year.
                    (2) Any increases in the midshipmen strength limit under
                paragraph (1) with respect to an academic year shall be
                prescribed not later than the date on which the budget of
                the President is submitted to Congress under section 1105 of
                title 31 for the fiscal year beginning in the same year as
                the year in which that academic year begins. Whenever the
                Secretary prescribes such an increase, the Secretary shall
                submit to Congress a notice in writing of the increase. The
                notice shall state the amount of the increase in the
                midshipmen strength limit and the new midshipmen strength
                limit, as so increased, and the amount of the increase in
                Senior Navy Reserve Officers' Training Corps enrollment
                under each of sections 2104 and 2107 of this title.
                    (3) The amount of an increase under paragraph (1) in the
                midshipmen strength limit for an academic year may not
                exceed the increase (if any) for the preceding academic year
                in the total number of midshipmen enrolled in the Navy
                Senior Reserve Officers' Training Corps program under
                chapter 103 of this title who have entered into an agreement
                under section 2104 or 2107 or this title.
                    (4) In this subsection, the term ``Midshipmen strength
                limit'' means the authorized maximum strength of the Brigade
                of Midshipmen. (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), 114 Stat. 1654A-109]; Dec. 28, 2001, Pub.L.
                107-107, Div. A, Title X, Sec. 1048(g)(1), 115 Stat. 1228;
                Pub.L. 107-314, Sec. 532(b)(1), Dec. 2, 2002, 116 Stat.
                2545; Pub.L. 108-136, Sec. Sec. 524(b), 1031(a)(55), Nov.
                24, 2003, 117 Stat. 1464; Pub.L. 109-163, Div. A, Title V,
                Sec. 515(b)(1)(Q), Jan. 6, 2006, 119 Stat. 3233.).
          1212  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;

    [[Page 899]]

                                (2) enlisted members of the Navy 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; Pub.L. 109-163, Div. A, Title V,
                Sec. 515(b)(1)(R), Jan. 6, 2006, 119 Stat. 3233.)
          1213  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 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.

    [[Page 900]]

                    (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

          1214  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 or such higher
                number as may be prescribed by the Secretary of the Air
                Force under subsection (j). 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.
                                (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.

    [[Page 901]]

                                (6) Three 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) Three cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) Two cadets 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 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.

    [[Page 902]]

                                (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 Superintendent 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.
                    (j)(1) Beginning with the 2003-2004 academic year, the
                Secretary of the Air Force may prescribe annual increases in
                the cadet strength limit in effect under subsection (a). For
                any academic year, any such increase shall be by no more
                than 100 cadets or such lesser number as applies under
                paragraph (3) for that year. Such annual increases

    [[Page 903]]

                may be prescribed until the cadet strength limit is 4,400.
                However, no increase may be prescribed for any academic year
                after the 2007-2008 academic year.
                    (2) Any increase in the cadet strength limit under
                paragraph (1) with respect to an academic year shall be
                prescribed not later than the date on which the budget of
                the President is submitted to Congress under sections 1105
                of title 31 for the fiscal year beginning in the same year
                as the year in which that academic year begins. Whenever the
                Secretary prescribes such an increase, the Secretary shall
                submit to Congress a notice in writing of the increase. The
                notice shall state the amount of the increase in the cadet
                strength limit and the new cadet strength limit, as so
                increased, and the amount of the increase in Senior Air
                Force Reserve Officers' Training Corps enrollment under each
                of sections 2104 and 2107 of this title.
                    (3) The amount of an increase under paragraph (1) in the
                cadet strength limit for an academic year may not exceed the
                increase (if any) for the preceding academic year in the
                total number of cadets enrolled in the Air Force Senior
                Reserve Officers' Training Corps program under chapter 103
                of this title who have entered into an agreement under
                section 2104 or 2107 of this title.
                    (4) In this subsection the term ``cadet strength limit''
                means the authorized maximum strength of Air Force Cadets of
                the Academy.

                (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;
                Pub.L. 107-314, Div. A, Title V, Sec. 532(c), Dec. 2, 2002,
                116 Stat. 2546; Pub.L. 108-136, Sec. Sec. 824(c),
                1031(a)(58), Nov. 24, 2003, 117 Stat. 1464, 1063; Pub.L.
                109-364, Div. A, Title X, Sec. 1071(a)(38), Oct 17, 2006,
                120 Stat. 2400.).

          1215  Sec. 9355. Board of Visitors.
                    (a) A Board of Visitors to the Academy is constituted
                annually. The Board consists of the following members:
                                (1) Six persons designated by the President.
                                (2) The chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee.

    [[Page 904]]

                                (3) Four persons designated by the Speaker
                            of the House of Representatives, three of whom
                            shall be members of the House of Representatives
                            and the fourth of whom may not be a member of
                            the House of Representatives.
                                (4) The chairman of the Committee on Armed
                            Services of the Senate, or his designee.
                                (5) 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.
                    (b)(1) 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
                designated. The President shall designate persons each year
                to succeed the members designated by the President whose
                terms expire that year.
                    (2) At least two of the members designated by the
                President shall be graduates of the Academy.
                    (c)(1) If a member of the Board dies or resigns or is
                terminated as a member of the Board under paragraph (2), a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (2)(A) If a member of the Board fails to attend two
                successive Board meetings, except in a case in which an
                absence is approved in advance, for good cause, by the Board
                chairman, such failure shall be grounds for termination from
                membership on the Board. A person designated for membership
                on the Board shall be provided notice of the provisions of
                this paragraph at the time of such designation.
                    (B) Termination of membership on the Board under
                subparagraph (A)--
                                (i) in the case of a member of the Board who
                            is not a member of Congress, may be made by the
                            Board chairman; and
                                (ii) in the case of a member of the Board
                            who is a member of Congress, may be made only by
                            the official who designated the member.
                    (C) When a member of the Board is subject to termination
                from membership on the Board under subparagraph (A), the
                Board chairman shall notify the official who designated the
                member. Upon receipt of such a notification with respect to
                a member of the Board who is a member of Congress, the
                official who designated the member shall take such action as
                that official considers appropriate.
                    (d) The Board should meet at least four times a year,
                with at least two of those meetings at the Academy. The
                Board or its members may make other visits to the Academy in
                connection with the duties of the Board. Board meetings
                should last at least one full day. Board members shall have
                access to the Academy grounds and the cadets, faculty,
                staff, and other personnel of the Academy for the purposes
                of the duties of the Board.
                    (e)(1) The Board shall inquire into the morale,
                discipline, and social climate, the curriculum, instruction,
                physical equipment, fiscal affairs, academic methods, and
                other matters relating to the Academy that the Board decides
                to consider.
                    (2) The Secretary of the Air Force and the
                Superintendent of the Academy shall provide the Board candid
                and complete disclosure, con

    [[Page 905]]

                sistent with applicable laws concerning disclosure of
                information, with respect to institutional problems.
                    (3) The Board shall recommend appropriate action.
                    (f) The Board shall prepare a semiannual report
                containing its views and recommendations pertaining to the
                Academy, based on its meeting since the last such report and
                any other considerations it determines relevant. Each such
                report shall be submitted concurrently to the Secretary of
                Defense, through the Secretary of the Air Force, and to the
                Committee on Armed Services of the Senate and the Committee
                on Armed Services of the House of Representatives.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing duties as a member of the Board,
                each member of the Board and each adviser shall be
                reimbursed under Government travel regulations for 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; Pub.L. 108-375, Div. A, Title V,
                Sec. 543, Oct. 28, 2004, 118 Stat. 1904; Pub.L. 109-364,
                Div. A, Title X, Sec. 1071(a)(39), Oct. 17, 2006, 120 Stat.
                2400.)

                  Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
                                          CONGRESS

          1216  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--

    [[Page 906]]

                                    (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;

                                    (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 907]]

                                TITLE 12.--BANKS AND BANKING

                             Chapter 3.--FEDERAL RESERVE SYSTEM

                Subchapter VII.--Directors of Federal Reserve Banks; Reserve
                                   Agents and Assistants

          1220  Sec. 303. Qualifications and disabilities.
                    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 908]]

                                   TITLE 14.--COAST GUARD

                              Chapter 9.--COAST GUARD ACADEMY

          1225  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 Transportation and
                            Infrastructure 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
                            Transportation and Infrastructure of the House
                            of Representatives, as ex officio 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; Pub.L. 107-295, Title IV, Sec. 408(a)(1), Nov.
                25, 2002, 116 Stat. 2117.)
                                15 u.s.c.--commerce and trade

                      general and permanent laws relating to the senate

    [[Page 909]]

                                TITLE 15.--COMMERCE AND TRADE

                         Chapter 21.--NATIONAL POLICY ON EMPLOYMENT

          1230  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 910]]

                    (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.)
          1231  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 911]]

                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.)
          1232  Sec. 1025. Printing of monthly publication by Joint Economic
                    Committee 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 912]]

                          TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

                   Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

          1240  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 913]]

                            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 914]]

                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.)
          1241  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 915]]

                    (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 Government Accountability 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; Pub.L. 108-271,
                                Sec. 8(b), July 7, 2004, 118 Stat. 814.)

          1242  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 depart

    [[Page 916]]

                        ment, agency, court, court-martial, officer, or any
                        civil, military, or naval 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 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,

    [[Page 917]]

                subject to approval by the Government official responsible
                for appointment to his position.

                    (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.)
          1243  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.)
          1244  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

    [[Page 918]]

                            matter in which the District of Columbia is a
                            party or has a direct and substantial interest;

                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

    [[Page 919]]

                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.
                    (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; Pub.L. 107-273, Div. B, Title IV, Sec.
                4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)

          1245  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.

    [[Page 920]]

                                (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 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) 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

    [[Page 921]]

                            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.
                                (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 that person is
                                        paid at a rate of basic pay which is
                                        equal to or greater than 86.5
                                        percent of the rate of basic pay for
                                        level II of the Executive Schedule,
                                        or, for a period of 2 years
                                        following the enactment of the
                                        National Defense Authorization Act
                                        for Fiscal Year 2004, a person who,
                                        on the day prior to the enactment of
                                        that Act, was employed in a position
                                        which is not referred to in clause
                                        (i) and for which the rate of basic
                                        pay, exclusive of any locality-based
                                        pay adjustment under section 5304 or
                                        section 5304a of title 5, was equal
                                        to or greater than the rate of basic
                                        pay payable for level 5 of the
                                        Senior Executive Service on the day
                                        prior to the enactment of that
                                        Act,''.

                                            (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

    [[Page 922]]

                                        specified in section 201 of title
                                        37) is pay grade O-7 or above; or

                                            (v) assigned from a private
                                        sector organization to an agency
                                        under chapter 37 of title 5.

                                    (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--

                                            (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 2 years 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 appointed to a position
                                in the executive branch which is listed in
                                section 5312, 5313, 5314, 5315, or 5316 of
                                title 5.

    [[Page 923]]

                    (e) Restrictions on Members of Congress and officers and
                employees of the legislative branch--
                                (1) Members of Congress and elected officers
                            of the house--

                                    (A) Senators.--Any person who is a
                                Senator and who, within 2 years after that
                                person leaves office, knowingly makes, with
                                the intent to influence, any communication
                                to or appearance before any Member, officer,
                                or employee of either House of Congress or
                                any employee of any other legislative office
                                of the Congress, on behalf of any other
                                person (except the United States) in
                                connection with any matter on which such
                                former Senator 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) Members and officers of the House of
                                Representatives.--(i) Any person who is a
                                Member of the House of Representatives or an
                                elected officer of the House of
                                Representatives 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 clause (ii) or
                                (iii), 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.

                                    (ii) The persons referred to in clause
                                (i) with respect to appearances or
                                communications by a former Member of the
                                House of Representatives are any Member,
                                officer, or employee of either House of
                                Congress and any employee of any other
                                legislative office of the Congress.

                                    (iii) The persons referred to in clause
                                (i) with respect to appearances or
                                communications by a former elected officer
                                are any Member, officer, or employee of the
                                House of Representatives.

                                (2) Officers and staff of the Senate.--Any
                            person who is an elected officer of the Senate,
                            or an employee of the Senate to whom paragraph
                            (7)(A) applies, and who, within 1 year after
                            that person leaves office or employment,
                            knowingly makes, with the intent to influence,
                            any communication to or appearance before any
                            Senator or any officer or employee of the
                            Senate, on behalf of any other person (except
                            the United States) in connection with any matter
                            on which such former elected officer or former
                            employee seeks action by a Senator or an officer
                            or employee of the Senate, in his or her
                            official capacity, shall be punished as provided
                            in section 216 of this title.
                                (3) Personal staff--

                                    (A) Any person who is an employee of a
                                Member of the House of Representatives to
                                whom paragraph (7)(A) applies 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

    [[Page 924]]

                                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 person who is a
                                former employee are the following:

                                            (i) the Member of the House of
                                        Representatives for whom that person
                                        was an employee; and

                                            (ii) any employee of that Member
                                        of the House of Representatives.

                                (4) Committee staff.--Any person who is an
                            employee of a committee of the House of
                            Representatives, or an employee of a joint
                            committee of the Congress whose pay is disbursed
                            by the Clerk of the House of Representatives, to
                            whom paragraph (7)(A) applies and who, within 1
                            year after the termination of that person's
                            employment on such committee or joint committee
                            (as the case may be), 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 joint committee
                            (as the case may be) or who was a Member of the
                            committee or joint committee (as the case may
                            be) in the year immediately prior to the
                            termination of such person's employment by the
                            committee or joint committee (as the case may
                            be), 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.
                                (5) Leadership staff.--(A) Any person who is
                            an employee on the leadership staff of the House
                            of Representatives to whom paragraph (7)(A)
                            applies 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 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 any
                            Member of the leadership of the House of
                            Representatives and any employee on the
                            leadership staff of the House of
                            Representatives.
                                (6) Other legislative offices.--(A) Any
                            person who is an employee of any other
                            legislative office of the Congress to whom
                            paragraph (7)(B) applies 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 em

    [[Page 925]]

                            ployees and officers of the former legislative
                            office of the Congress of the former employee.
                                (7) Limitation on restrictions.--(A) The
                            restrictions contained in paragraphs (2), (3),
                            (4), and (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 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
                            (6) 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, is
                            equal to or greater than the basic rate of pay
                            payable for level IV of the Executive Schedule.
                                (8) Exception.--This subsection shall not
                            apply to contacts with the staff of the
                            Secretary of the Senate or the Clerk of the
                            House of Representatives regarding compliance
                            with lobbying disclosure requirements under the
                            Lobbying Disclosure Act of 1995.
                                (9) 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, 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 Government Accountability
                                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, or
                                office in the legislative branch not covered
                                by paragraph (1), (2), (3), (4), or (5) of
                                this subsection;

    [[Page 926]]

                                    (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 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.

    [[Page 927]]

                                (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 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--

                                    (A) In General.--The restrictions
                                contained in this section shall not apply to
                                acts done in carrying out official duties on

    [[Page 928]]

                                behalf of the United States or the District
                                of Columbia or as an elected official of a
                                State or local government.

                                    (B) Tribal organizations and inter-
                                tribal consortiums.--The restrictions
                                contained in this section shall not apply to
                                acts authorized by section 104(j) of the
                                Indian Self-Determination and Education
                                Assistance Act (25 U.S.C. 450i(j)).

                                (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 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

    [[Page 929]]

                                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;

                                            (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

    [[Page 930]]

                                        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 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.

    [[Page 931]]

                    (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.
                    (l) Contract Advice by Former Details.--Whoever, being
                an employee of a private sector organization assigned to an
                agency under chapter 37 of title 5, within one year after
                the end of that assignment, knowingly represents or aids,
                counsels, or assists in representing any other person
                (except the United States) in connection with any contract
                with that agency shall be punished as provided in section
                216 of this title. (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. 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; Pub.L. 107-347, Title II, Sec.
                209(d)(1), (3), Dec. 17, 2002, 116 Stat. 2930; Pub.L. 108-
                136, Sec. 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639; Pub.L.
                108-271 Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 110-
                81, Title I, Sec. Sec. 101, 104(a), Sept. 14, 2007, 121
                Stat. 736, 740.)
          1246

                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.)

    [[Page 932]]

          1247  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.)

          1248  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
                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.)

    [[Page 933]]

                   Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
                           ASSASSINATION, KIDNAPPING, AND ASSAULT

          1249  Sec. 351. Congressional, Cabinet, and Supreme Court
                    assassination, kidnapping, and assault; penalties.
                    (a) Whoever kills any individual who is a Member of
                Congress or a Member-of-Congress-elect, a member of the
                executive branch of the Government who is the head, or a
                person nominated to be head during the pendency of such
                nomination, of a department listed in section 101 of title 5
                or the second ranking official in such department, the
                Director (or a person nominated to be Director during the
                pendency of such nomination) or Deputy Director of Central
                Intelligence, a major Presidential or Vice Presidential
                candidate (as defined in section 3056 of this title), or a
                Justice of the United States, as defined in section 451 of
                title 28, or a person nominated to be a Justice of the
                United States, during the pendency of such nomination, shall
                be punished as provided by sections 1111 and 1112 of this
                title.
                    (b) Whoever kidnaps any individual designated in
                subsection (a) of this section shall be punished (1) by
                imprisonment for any term of years or for life, or (2) by
                death or imprisonment for any term of years or for life, if
                death results to such individual.
                    (c) Whoever attempts to kill or kidnap any individual
                designated in subsection (a) of this section shall be
                punished by imprisonment for any term of years or for life.
                    (d) If two or more persons conspire to kill or kidnap
                any individual designated in subsection (a) of this section
                and one or more of such persons do any act to effect the
                object of the conspiracy, each shall be punished (1) by
                imprisonment for any term of years or for life, or (2) by
                death or imprisonment for any term of years or for life, if
                death results to such individual.
                    (e) Whoever assaults any person designated in subsection
                (a) of this section shall be fined under this title, or
                imprisoned not more than one year, or both; and if the
                assault involved the use of a dangerous weapon, or personal
                injury results, shall be fined under this title, or
                imprisoned not more than ten years, or both.
                    (f) If Federal investigative or prosecutive jurisdiction
                is asserted for a violation of this section, such assertion
                shall suspend the exercise of jurisdiction by a State or
                local authority, under any applicable State or local law,
                until Federal action is terminated.
                    (g) Violations of this section shall be investigated by
                the Federal Bureau of Investigation. Assistance may be
                requested from any Federal, State, or local agency,
                including the Army, Navy, and Air Force, any statute, rule,
                or regulation to the contrary notwithstanding.
                    (h) In a prosecution for an offense under this section
                the Government need not prove that the defendant knew that
                the victim of the offense was an individual protected by
                this section.
                    (i) There is extraterritorial jurisdiction over the
                conduct prohibited by this section. (Added Pub.L. 91-644,
                Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
                Pub.L. 97-285, 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),

    [[Page 934]]

                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

          1250  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.)
          1251  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.)
          1252  Sec. 433. Exemptions with respect to certain contracts.
                    Sections 431 and 432 of this title shall not extend to
                any contract or agreement made or entered into, or accepted
                by any incorporated company for the general benefit of such
                corporation; nor to the purchase or sale of bills of
                exchange or other property where the same are ready for
                delivery and payment therefor is made at the time of making
                or entering into the contract or agreement. Nor shall the
                provisions of such section apply to advances, loans,
                discounts, purchase or repurchase agreements extensions, or
                renewals thereof, or acceptances, releases or substitutions
                of security therefor or other contracts or agreements made
                or entered into under the Reconstruction Finance Corporation
                Act, the Agricultural Adjustment Act, the Federal Farm Loan
                Act, the Emergency Farm Mortgage Act of 1933, the Farm
                Credit Act of 1933, or the Home Owners Loan Act of 1933, the
                Farmers' Home Administration Act of 1946, the Bankhead-Jones
                Farm Tenant Act, or to crop insurance agreements or
                contracts or agreements of a kind which the Secretary of
                Agriculture may enter into with farmers.

    [[Page 935]]

                    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

          1253  Sec. 591. Repealed (Pub.L. 96-187, title II, Sec. 201(a)(1),
                    Jan. 8, 1980, 93 Stat. 1367).
          1254  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.)
          1255  Sec. 595. Interference by administrative employees of
                    Federal, State, or Territorial Governments.
                    Whoever, being a person employed in any administrative
                position by the United States, or by any department or
                agency thereof, or by the District of Columbia, or any
                agency or instrumentality thereof, or by any State,
                Territory, or Possession of the United States, or any
                political subdivision, municipality, or agency thereof, or
                agency of such political subdivision or municipality
                (including any corporation owned or controlled by any State,
                Territory, or Possession of the United States or by any such
                political subdivision, municipality, or agency), in
                connection with any activity which is financed in whole or
                in part by loans or grants made by the United States, or any
                department or agency thereof, uses his official authority
                for the purpose of interfering with, or affecting, the
                nomination or the election of any candidate for the office
                of President, Vice President, Presidential elector, Member
                of the Senate, Member of the House of Representatives,
                Delegate from the District of Columbia, or Resident
                Commissioner, shall be fined under this title or imprisoned
                not more than one year, or both.
                    This section shall not prohibit or make unlawful any act
                by any officer or employee of any educational or research
                institution, establishment, agency, or system which is
                supported in whole or in part by any state or political
                subdivision thereof, or by the District of Columbia or by
                any Territory or Possession of the United States; or by any
                recognized religious, philanthropic or cultural
                organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
                22, 1970, Pub.L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
                853; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
                Stat. 2147.)
          1256  Sec. 597. Expenditures to influence voting.
                    Whoever makes or offers to make an expenditure to any
                person, either to vote or withhold his vote, or to vote for
                or against any candidate; and

    [[Page 936]]

                    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.)
          1257  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.)
          1258  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.)
          1259  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.)
          1260  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

    [[Page 937]]

                            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.)
          1261  Sec. 602. Solicitation of political contributions.
                    (a) It shall be unlawful for--
                                (1) a candidate for the Congress;
                                (2) an individual elected to or serving in
                            the office of Senator or Representative in, or
                            Delegate or Resident Commissioner to, the
                            Congress;
                                (3) an officer or employee of the United
                            States or any department or agency thereof; or
                                (4) a person receiving any salary or
                            compensation for services from money derived
                            from the Treasury of the United States; to
                            knowingly solicit any contribution within the
                            meaning of section 301(8) of the Federal
                            Election Campaign Act of 1971 from any other
                            such officer, employee, or person. Any person
                            who violates this section shall be fined under
                            this title or imprisoned not more than 3 years,
                            or both.
                    (b) The prohibition in subsection (a) shall not apply to
                any activity of an employee (as defined in section 7322(1)
                of title 5) or any individual employed in or under the
                United States Postal Service or the Postal Regulatory
                Commission, unless that activity is prohibited by section
                7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
                Stat. 722; Jan.

    [[Page 938]]

                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; Pub.L. 109-435, Title VI,
                Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
          1262  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 Regulatory
                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; Pub.L. 109-435, Title VI,
                Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
          1263  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.)
          1264  Sec. 605. Disclosure of names of persons on relief.
                    Whoever, for political purposes, furnishes or discloses
                any list of names of persons receiving compensation,
                employment or benefits provided for or made possible by any
                Act of Congress appropriating, or authorizing the
                appropriation of funds for work relief or relief purposes,
                to a political candidate, committee, campaign manager, or to
                any person for delivery to a political candidate, committee,
                or campaign manager; and
                    Whoever receives any such list or names for political
                purposes--
                    Shall be fined under this title or imprisoned not more
                than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
                722, Pub.L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108
                Stat. 2147.)

    [[Page 939]]

          1265  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.)
          1266  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.)

                          Chapter 35.--EMBLEMS, INSIGNIA AND NAMES

          1267  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,

    [[Page 940]]

                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.
                    (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,

    [[Page 941]]

                            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

          1268  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, 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

    [[Page 942]]

                            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.)

                             Chapter 73.--OBSTRUCTION OF JUSTICE

          1269  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

    [[Page 943]]

                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, if the
                            offense involves international or domestic
                            terrorism (as defined in section 2331),
                            imprisoned not more than 8 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; Pub.L. 108-
                            458, Title VI, Sec. 6703(a), Dec. 17, 2004, 118
                            Stat. 3766.)

                                 Chapter 83.--POSTAL SERVICE

          1270  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

          1271  Sec. 1906. Disclosure of information from a bank examination
                    report.
                    Whoever, being an examiner, public or private, or a
                Government Accountability 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
                Government Accountability Office audit under section 714 of
                title 31 to other than the proper officers of such bank,
                branch, agency, or organization, without first having
                obtained the express permission in writing from the
                Comptroller of the Currency as to a national bank or a
                Federal branch or Federal agency (as such terms are defined
                in paragraphs (5) and (6) of section 1(b) of the
                International Banking Act of 1978), the Board of Governors
                of the Federal Reserve System as to a State member bank, an
                uninsured State branch or State agency (as such terms are
                defined in paragraphs (11) and (12) of section 1(b) of the
                International Banking Act of 1978), or an organization
                operating under section 25 or section 25(a) of the Federal
                Reserve Act, or the Federal Deposit Insurance Corporation as
                to any other insured bank, including any insured branch (as
                defined in section 3(s) of the Federal Deposit Insurance
                Act), or from the board of directors of such bank or
                organization, except when ordered to do so by a court of
                competent jurisdiction, or by direction of the Congress of
                the United States, or either House thereof, or any committee
                of Congress or either House

    [[Page 944]]

                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; Pub.L. 108-271,
                Sec. 8(b), July 7, 2004, 118 Stat. 814.)
          1272  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,
                a jurisdiction, or an official of any government, adopt or
                oppose, by vote or otherwise, any legislation, law,
                ratification, policy, or appropriation, whether before or
                after the introduction of any bill, measure, or resolution
                proposing such legislation, law, ratification, policy, or
                appropriation; but this shall not prevent officers or
                employees of the United States or of its departments or
                agencies from communicating to any such Member or official,
                at his request or to Congress, or such official through the
                proper official channels, requests for any legislation law,
                ratification, policy, or appropriations which they deem
                necessary for the efficient conduct of the public business,
                or from making any communication whose prohibition by this
                section might, in the opinion of the Attorney General,
                violate the Constitution or interfere with the conduct of
                foreign policy, counter-intelligence, intelligence, or
                national security activities. Violations of this section
                shall constitute violations of section 1352(a) of Title 31.
                (June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994,
                Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108 Stat.
                2147; Pub.L. 107-273, Div. A, Title II, Sec. 205 (b), Nov.
                2, 2002, 116 Stat. 1778.)
          1273  Sec. 1918. Disloyalty and asserting the right to strike
                    against the Government.
                    Whoever violates the provision of section 7311 of title
                5 that an individual may not accept or hold a position in
                the Government of the United States or the government of the
                District of Columbia if he--
                                (1) advocates the overthrow of our
                            constitutional form of government;
                                (2) is a member of an organization that he
                            knows advocates the overthrow of our
                            constitutional form of government;
                                (3) participates in a strike, or asserts the
                            right to strike, against the Government of the
                            United States or the government of the District
                            of Columbia; or
                                (4) is a member of an organization of
                            employees of the Government of the United States
                            or of individuals employed by the government of
                            the District of Columbia that he knows asserts
                            the right to strike against the Government of
                            the United States or the government of the
                            District of Columbia;

                shall be fined under this title or imprisoned not more than
                one year and a day, or both. (Added Pub.L. 89-554,
                Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub.L.
                104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
                3498.)

    [[Page 945]]

                               Part V.--IMMUNITY OF WITNESSES

          1274  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.)
          1275  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,

    [[Page 946]]

                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.)

          1276  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 947]]

                                  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

          1300  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 948]]

                                    (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 which that House is
                in session. The approval resolution introduced in

    [[Page 949]]

                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.
                (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

    [[Page 950]]

                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, 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; Pub.L.
                107-210, Div. B, Title XXI, Sec. 2110(a)(1), Aug. 6, 2002,
                116 Stat. 1019.)

    [[Page 951]]

          1301  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 to reconsider the vote by which
                the motion is agreed to or disagreed to.

    [[Page 952]]

                (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 in the event the manager of the resolution is in
                favor of any such motion or appeal, the time in opposition
                thereto, shall be controlled by the minority leader or his
                designee. Such leaders, or either of them, may, from 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:
                                (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.

    [[Page 953]]

                                (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.)
          1302  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 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

    [[Page 954]]

                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 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.

    [[Page 955]]

                    (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.)
          1303  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

          1304  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.
                    (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

    [[Page 956]]

                            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).
                (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:

    [[Page 957]]

                                (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.)

          1305  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;
                Pub.L. 107-210, Div. B, Title XXI, Sec. 2110(a)(6), Aug. 6,
                2002, 116 Stat. 1020.)
          1306  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.
                    (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);

    [[Page 958]]

                                (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 appropriate 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.

    [[Page 959]]

                (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 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

    [[Page 960]]

                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

          1307  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.
                    (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

    [[Page 961]]

                                    (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
                            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

    [[Page 962]]

                                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

                                        * * * * * * *

          1308  Sec. 3534. Annual report on 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 country, including the United States;
                                (3) the total number of personnel employed
                            or retained by the Secretariat of the WTO, and
                            the number of professional, administrative, and
                            support staff of the WTO;
                                (4) for each personnel category described in
                            paragraph (3), the number of citizens of each
                            country, and the average salary of the
                            personnel, in that category;
                                (5) each report issued by a panel or the
                            Appellate Body in a dispute settlement
                            proceeding regarding Federal or State law, and
                            any efforts by the Trade Representative to
                            provide for implementation of the
                            recommendations contained in a report that is
                            adverse to the United States;
                                (6) each proceeding before a panel or the
                            Appellate Body that was initiated during that
                            fiscal year regarding Federal or State law, the
                            status of the proceeding, and the matter at
                            issue;
                                (7) the status of consultations with any
                            State whose law was the subject of a report
                            adverse to the United States that was issued by
                            a panel or the Appellate Body; and
                                (8) any progress achieved in increasing the
                            transparency of proceedings of the Ministerial
                            Conference and the General Council,

    [[Page 963]]

                            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.)
          1309  Sec. 3535. Review of participation in WTO.
                (a) Report on the operation of 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 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 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

    [[Page 964]]

                                (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--
                                (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

                                        * * * * * * *

          1310  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

    [[Page 965]]

                            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) July 1, 2005; or

                                            (ii) July 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 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

    [[Page 966]]

                                    (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 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) July 1, 2005; or

                                    (ii) July 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

    [[Page 967]]

                            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 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 July 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 April 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

    [[Page 968]]

                                soon as practicable, but not later than June
                                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 June 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.
                    (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.

    [[Page 969]]

                (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). (Pub.L.
                107-210, Div. B, Title XXI, Sec. 2103, Aug. 6, 2002, 116
                Stat. 1004; Pub.L. 108-429, Sec. 2004(a)(17), 118 Stat.
                2591.)
          1311  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 objectives 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

    [[Page 970]]

                            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
                                        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

    [[Page 971]]

                                    (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 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 Com

    [[Page 972]]

                            mittee 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

                                    (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) \1\ Resolutions in the Senate--
                    \1\ So in original. Two clauses designated (iv) were
                    enacted.

                                    (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.

    [[Page 973]]

                                (iv) \1\ 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.
                    \1\ So in original. Two clauses designated (iv) were
                    enacted.
                                (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 subsection 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.
                            (Pub.L. 107-210, Div. B, Title XXI, Sec. 2104,
                            Aug. 6, 2002, 116 Stat. 1008.)

    [[Page 974]]

          1312  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.

                    (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

    [[Page 975]]

                            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 agreement
                            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;

    [[Page 976]]

                                    (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

                                    (ii) 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.

                                (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 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.

    [[Page 977]]

                (c) Rules of House of Representatives and Senate
                    Subsection (b) of this section, section 3803(c), and
                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. (Pub.L. 107-210, Div. B, Title XXI,
                            Sec. 2105, Aug. 6, 2002, 116 Stat. 1013; Pub.L.
                            108-429, Sec. 2004(a)(18), Dec. 3, 2004, 118
                            Stat. 2591.)
          1313  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--
                                (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. (Pub.L.
                                107-210, Div. B, Title XXI, Sec. 2106, Aug.
                                6, 2002, 116 Stat. 1016.)

          1314  Sec. 3807. Congressional Oversight Group.
                (a) Members and functions
                    (1) In general

    [[Page 978]]

                                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.

                    (4) Accreditation
                                Each member of the Congressional Oversight
                            Group described in paragraphs (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
                            paragraphs (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.

    [[Page 979]]

                (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

                                    (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. (Pub.L. 107-210, Div. B, Title
                XXI, Sec. 2107, Aug. 6, 2002, 116 Stat. 1017; Pub.L. 109-
                280, Title XIV, Sec. 1635(f)(6), Aug. 17, 2006, 120 Stat.
                1171.)
          1315  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

    [[Page 980]]

                                    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.

                                        * * * * * * *

                (Pub.L. 107-210, Div. B, Title XXI, Sec. 2108, Aug. 6, 2002,
                116 Stat. 1018.)

          1316  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 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.

                (Pub.L. 107-210, Div. B, Title XXI, Sec. 2111, Aug. 6, 2002,
                116 Stat. 1021.)

                                        * * * * * * *

    [[Page 981]]

                                    TITLE 20.--EDUCATION

                 Chapter 3.--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND
                                       ART GALLERIES

          1330  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.)

          1331  Sec. 43. Appointment of regents; terms of office; vacancies.
                    The regents to be selected shall be appointed as
                follows: The Members of the Senate by the President thereof;
                the Members of the House by the Speaker thereof; and the
                nine other persons by joint resolution of the Congress. The
                Members of the House so appointed shall serve for the term
                of two years; and on every alternate fourth Wednesday of
                December a like number shall be appointed in the same
                manner, to serve until the fourth Wednesday in December, in
                the second year succeeding their appointment. The Senators
                so appointed shall serve during the term for which they
                shall hold, without reelection, their office as Senators.
                Vacancies, occasioned by death, resignation, or otherwise,
                shall be filled as vacancies in committees are filled. The
                regular term of service for the other nine members shall be
                six years; and new elections thereof shall be made by joint
                resolutions of Congress. Vacancies occasioned by death,
                resignation, or otherwise may be filled in like manner by
                joint resolution of Congress. (R.S. Sec. 5581; Dec. 15,
                1970, Pub.L. 91-551, 84 Stat. 1440.)

    [[Page 982]]

          1332  Sec. 76h. Board of Trustees.
                (a) Establishment
                                (1) In general
                                There is established in the Smithsonian
                            Institution a bureau, which shall be directed by
                            a board to be known as the Trustees of the John
                            F. Kennedy Center for the Performing Arts
                            (hereafter in this subchapter referred to as the
                            ``Board''), whose duty it shall be to maintain
                            and administer the John F. Kennedy Center for
                            the Performing Arts and site thereof as the
                            National Center for the Performing Arts, a
                            living memorial to John Fitzgerald Kennedy, and
                            to execute such other functions as are vested in
                            the Board by this subchapter.
                                (2) Membership
                    The Board shall be composed of--

                                    (A) the Secretary of Health and Human
                                Services;

                                    (B) the Librarian of Congress;

                                    (C) the Secretary of State;

                                    (D) the Chairman of the Commission of
                                Fine Arts;

                                    (E) the Mayor of the District of
                                Columbia;

                                    (F) the Superintendent of Schools of the
                                District of Columbia;

                                    (G) the Director of the National Park
                                Service;

                                    (H) the Secretary of Education;

                                    (I) the Secretary of the Smithsonian
                                Institution;

                                    (J)(i) the Speaker and the Minority
                                Leader of the House of Representatives;

                                            (ii) the chairman and ranking
                                        minority member of the Committee on
                                        Transportation and Infrastructure of
                                        the House of Representatives; and

                                            (iii) three additional Members
                                        of the House of Representatives
                                        appointed by the Speaker of the
                                        House of Representatives;

                                    (K)(i) the Majority Leader and the
                                Minority Leader of the Senate;

                                            (ii) the chairman and ranking
                                        minority member of the Committee on
                                        Environment and Public Works of the
                                        Senate; and

                                            (iii) three additional Members
                                        of the Senate appointed by the
                                        President of the Senate; and

                                    (L) thirty-six general trustees, who
                                shall be citizens of the United States, to
                                be appointed in accordance with subsection
                                (b) of this section.

                (b) General trustees
                    The general trustees shall be appointed by the President
                of the United States. Each trustee shall hold office as a
                member of the Board for a term of 6 years, except that--
                                (1) any member appointed to fill a vacancy
                            occurring before the expiration of the term for
                            which the predecessor of the member was
                            appointed shall be appointed for the remainder
                            of the term;
                                (2) a member shall continue to serve until
                            the successor of the member has been appointed;
                            and
                                (3) the term of office of a member appointed
                            before July 21, 1994, shall expire as designated
                            at the time of appointment.

    [[Page 983]]

                (c) Advisory Committee on the Arts
                    There shall be an Advisory Committee on the Arts
                composed of such members as the President of the United
                States may designate, to serve at the pleasure of the
                President. Persons appointed to the Advisory Committee on
                the Arts, including officers or employees of the United
                States, shall be persons who are recognized for their
                knowledge of, or experience or interest in, one or more of
                the arts in the fields covered by the John F. Kennedy Center
                for the Performing Arts. The President shall designate the
                Chairman of the Advisory Committee on the Arts. In making
                such appointments the President shall give consideration to
                such recommendations as may from time to time be submitted
                to him by leading national organizations in the appropriate
                art fields. The Advisory Committee on the Arts shall advise
                and consult with the Board and make recommendations to the
                Board regarding existing and prospective cultural activities
                to be carried out by the John F. Kennedy Center for the
                Performing Arts. The Advisory Committee on the Arts shall
                assist the Board in carrying out section 76k(a) of this
                title. Members of the Advisory Committee on the Arts shall
                serve without compensation. (Pub.L. 85-874, Sec.  2, Sept.
                2, 1958, 72 Stat. 1698; Pub.L. 88-100, Sec. Sec.  1, 2, Aug.
                19, 1963, 77 Stat. 128; Pub.L. 88-260, Sec.  1(2), Jan. 23,
                1964, 78 Stat. 4; Pub.L. 103-279, Sec.  2(b)(1), (c), (d),
                July 21, 1994, 108 Stat. 1409, 1410; Pub.L. 107-117, Div. D,
                Title II, Sec.  201(a), Jan. 10, 2002, 115 Stat. 2353;
                Pub.L. 110-338, Sec.  2, Oct. 3, 2008, 122 Stat. 3731.)
                        22 u.s.c.--foreign relations and intercourse

                      general and permanent laws relating to the senate

    [[Page 984]]

                        TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE

                     Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.

                                        * * * * * * *

          1350  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).

                Subchapter I.--Canada-United States Interparliamentary Group

          1351

                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

    [[Page 985]]

                session (except that this restriction shall not apply during
                the first session of the Eighty-sixth Congress or to
                meetings held in the United States) with representatives of
                the House of Commons and Senate of the Canadian Parliament
                for discussion of common problems in the interests of
                relations between the United States and Canada. Of the
                Members of the Congress to be appointed for the purposes of
                this section (hereinafter designated as the United States
                group) half shall be appointed by the Speaker of the House
                from Members of the House (not less than four of whom shall
                be from the Foreign Affairs Committee), and half shall be
                appointed by the President of the Senate upon
                recommendations of the majority and minority leaders of the
                Senate from Members of the Senate (not less than four of
                whom shall be from the Foreign Relations Committee).
                    Such appointments shall be for the period of each
                meeting of the Canada-United States Interparliamentary group
                except for the four members of the Foreign Affairs Committee
                and the four members of the Foreign Relations Committee,
                whose appointments shall be for the duration of each
                Congress.
                    The Chairman or Vice Chairman of the House delegation
                shall be a Member from the Foreign Affairs Committee, and,
                unless the President of the Senate, upon the recommendation
                of the Majority Leader, determines otherwise, the Chairman
                or Vice Chairman of the Senate delegation shall be a Member
                from the Foreign Relations Committee. (Pub.L. 86-42, Sec. 1,
                June 11, 1959, 73 Stat. 72; Pub.L. 95-45, Sec. 4(a), June
                15, 1977, 91 Stat. 222; Pub.L. 103-437, Sec. 9(a)(3), Nov.
                2, 1994, 108 Stat. 4588.)

          1352  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).

                  Subchapter II.--Mexico-United States Interparliamentary
                                           Group

          1353

                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

    [[Page 986]]

                majority and minority leaders of the Senate from Members of
                the Senate (not less than four of whom shall be from the
                Foreign Relations Committee). Such appointments shall be for
                the period of each meeting of the Mexico-United States
                Interparliamentary group except for the four members of the
                Foreign Affairs Committee, and the four members of the
                Foreign Relations Committee, whose appointments shall be for
                the duration of each Congress. The Chairman or Vice Chairman
                of the House delegation shall be a Member from the Foreign
                Affairs Committee, and, unless the President of the Senate,
                upon the recommendation of the Majority Leader, determines
                otherwise, the Chairman or Vice Chairman of the Senate
                delegation shall be a Member from the Foreign Relations
                Committee. (Pub.L. 86-420, Sec. 1, Apr. 9, 1960, 74 Stat.
                40; Pub.L. 95-45, Sec. 4(b), June 15, 1977, 91 Stat. 222;
                Pub.L. 103-437, Sec. 9(a)(4), Nov. 2, 1994, 108 Stat. 4588.)

          1354  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).
          1355  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 987]]

                (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.)
          1356

                Sec. 276m. United States Delegation to Parliamentary
                    Assembly of 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 988]]

                            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 amended September 19, 1986, Public Law 99-415, Sec. 7(b),
                and October 1, 1988, Public Law 100-459, Sec. 303(c).)

    [[Page 989]]

          1357
                        Subchapter II-C. United States Senate-China
                                  Interparliamentary Group

                Sec. 276n. United States Senate-China Interparliamentary
                    Group
                (a) Establishment and meetings
                    Not to exceed 12 Senators shall be appointed to meet
                annually with representatives of the National People's
                Congress of the People's Republic of China for discussion of
                common problems in the interest of relations between the
                United States and China. The Senators so appointed shall be
                referred to as the ``United States group'' of the United
                States Senate-China Interparliamentary Group.
                (b) Appointment of members
                    The President pro tempore of the Senate shall appoint
                Senators under this section upon the recommendations of the
                majority and minority leaders of the Senate. The President
                pro tempore of the Senate shall designate 1 Senator as the
                Chair of the United States group.
                (c) Funding
                    There is authorized to be appropriated $100,000 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. Appropriations shall be disbursed on vouchers to be
                approved by the Chair of the United States group.
                (d) Certification of expenditures
                    The certificate of the Chair 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.
                (e) Fiscal year 2004 funding
                    There is authorized within the contingent fund of the
                Senate under the appropriation account ``MISCELLANEOUS
                ITEMS'' $75,000 for fiscal year 2004 to assist in meeting
                the official expenses of the United States Senate-China
                Interparliamentary Group including conference room expenses,
                hospitality expenses, and food and food-related expenses.
                Expenses shall be paid on vouchers to be approved by the
                Chair of the United States group. The Secretary of the
                Senate is authorized to advance such sums as necessary to
                carry out this subsection.
                (f) Appropriations
                    There are appropriated, out of any money in the Treasury
                not otherwise appropriated, for the fiscal year ending
                September 30, 2004, $100,000 for the United States Senate-
                China Interparliamentary Group.
                (g) Effective date
                                (1) In general
                    Subsections (a) though (d) of this section shall apply
                to fiscal year 2004, and each fiscal year thereafter.
                                (2) Fiscal year 2004
                    Subsections (e) and (f) of this section shall apply to
                fiscal year 2004. (Pub.L. 108-199, Div. H, Sec. 153, Jan.
                23, 2004, 118 Stat. 448.)

    [[Page 990]]

          1358
                        Subchapter II-D. United States Senate-Russia
                                  Interparliamentary Group

                Sec. 276o. United States Senate-Russia Interparliamentary
                    Group
                (a) Establishment and meetings
                    Not to exceed 12 Senators shall be appointed to meet
                annually with representatives of the Federation Council of
                Russia for discussion of common problems in the interest of
                relations between the United States and Russia. The Senators
                so appointed shall be referred to as the ``United States
                group'' of the United States Senate-Russia
                Interparliamentary Group.
                (b) Appointment of members
                    The majority and minority leaders of the Senate shall
                appoint the Senators of the United States group. The
                majority leader of the Senate shall designate 1 Senator as
                the Chair of the United States group.
                (c) Funding
                    There is authorized to be appropriated $100,000 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. Appropriations shall be disbursed on vouchers to be
                approved by the Chair of the United States group.
                (d) Certification of expenditures
                    The certificate of the Chair 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.
                (e) Fiscal year 2004 funding
                    There is authorized within the contingent fund of the
                Senate under the appropriation account ``MISCELLANEOUS
                ITEMS'' $75,000 for fiscal year 2004 to assist in meeting
                the official expenses of the United States Senate-Russia
                Interparliamentary Group including conference room expenses,
                hospitality expenses, and food and food-related expenses.
                Expenses shall be paid on vouchers to be approved by the
                Chair of the United States group. The Secretary of the
                Senate is authorized to advance such sums as necessary to
                carry out this subsection.
                (f) Appropriations
                    There are appropriated, out of any money in the Treasury
                not otherwise appropriated, for the fiscal year ending
                September 30, 2004, $100,000 for the United States Senate-
                Russia Interparliamentary Group.
                (g) Effective date
                                (1) In general
                    Subsections (a) though (d) of this section shall apply
                to fiscal year 2004, and each fiscal year thereafter.
                                (2) Fiscal year 2004
                    Subsections (e) and (f) of this section shall apply to
                fiscal year 2004. (Pub.L. 108-199, Div. H, Sec. 154, Jan.
                23, 2004, 118 Stat. 449.)

    [[Page 991]]

                            Chapter 24.--MUTUAL SECURITY PROGRAM

          1359  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, 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

    [[Page 992]]

                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 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.

    [[Page 993]]

                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.)
          1360  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.)
          1361  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. 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 994]]

                              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

                                        * * * * * * *

          1375  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

                                        * * * * * * *

          1376

                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 995]]

                                (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

          1377  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 996]]

                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 997]]

                (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:

    [[Page 998]]

                                                    (I) The employer of any
                                                person who makes
                                                contributions to the
                                                organization.
                                                    (II) The occupation of
                                                any person who makes
                                                contributions to the
                                                organization.
                                                    (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.

    [[Page 999]]

                    (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.
                (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,

    [[Page 1000]]

                                (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.
                    (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,

    [[Page 1001]]

                                    (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

                                    (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,

    [[Page 1002]]

                                (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
                                (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,

    [[Page 1003]]

                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.L. 106-230, Sec. Sec. 1(a), 2(a),
                114 Stat. 477, 479; Nov. 2, 2002, Pub.L. 107-276,
                Sec. Sec. 1(a), 2, 5(a), 6, 116 Stat. 1929, 1932-1934.)

                                        * * * * * * *

                 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

                                        * * * * * * *

          1378  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

          1379  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 1004]]

                            (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

                                        * * * * * * *

          1380  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.

    [[Page 1005]]

                    (4) Discretionary exception.--The Secretary may relieve
                any organization required under paragraph (2) to file an
                information return from filing such a return if the
                Secretary determines that such filing is not necessary to
                the efficient administration of the Internal Revenue laws.
                (Nov. 2, 2002, Pub.L. 107-276, Sec. 3(c), 116 Stat. 1931.)

                                        * * * * * * *

                           Subchapter B.--Miscellaneous Provisions

                                        * * * * * * *

          1381  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--

    [[Page 1006]]

                                (A) Committees described in paragraph (1).--
                            Any committee described in paragraph (1) or the
                            Chief of Staff of the Joint Committee on
                            Taxation shall have the authority, acting
                            directly, or by or through such examiners or
                            agents as the chairman of such committee or such
                            chief of staff may designate or appoint, to
                            inspect returns and return information at such
                            time and in such manner as may be determined by
                            such chairman or chief of staff. Any return or
                            return information obtained by or on behalf of
                            such committee pursuant to the provisions of
                            this subsection may be submitted by the
                            committee to the Senate or the House of
                            Representatives, or to both. The Joint Committee
                            on Taxation may also submit such return or
                            return information to any other committee
                            described in paragraph (1), except that any
                            return or return information which can be
                            associated with, or otherwise identify, directly
                            or indirectly, a particular taxpayer shall be
                            furnished to such committee only when sitting in
                            closed executive session unless such taxpayer
                            otherwise consents in writing to such
                            disclosure.
                                (B) Other committees.--Any committee or
                            subcommittee described in paragraph (3) shall
                            have the right, acting directly, or by or
                            through no more than four examiners or agents,
                            designated or appointed in writing in equal
                            numbers by the chairman and ranking minority
                            member of such committee or subcommittee, to
                            inspect returns and return information at such
                            time and in such manner as may be determined by
                            such chairman and ranking minority member. Any
                            return or return information obtained by or on
                            behalf of such committee or subcommittee
                            pursuant to the provisions of this subsection
                            may be submitted by the committee to the Senate
                            or the House of Representatives, or to both,
                            except that any return or return information
                            which can be associated with, or otherwise
                            identify, directly or indirectly, a particular
                            taxpayer, shall be 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

    [[Page 1007]]

                time such request was made. Reports filed pursuant to this
                paragraph shall not be disclosed unless the Joint Committee
                on Taxation determines that disclosure thereof (including
                identifying details) would be in the national interest. Such
                reports shall be maintained by the Joint Committee on
                Taxation for a period not exceeding 2 years unless, within
                such period, the Joint Committee on Taxation determines that
                a disclosure to the Congress is necessary. (Pub.L. 105-65,
                Title V, (Sec. 542(b), 111 Stat. 1412; July 22, 1998, Pub.L.
                105-206, Title I, Sec. 1101(b), Title III,
                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.)

                                        * * * * * * *

          1382  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

    [[Page 1008]]

                                section 408(a), or an individual retirement
                                annuity described in section 408(b),

                                    (ii) any application filed with respect
                                to the exemption from tax under section
                                501(a) of an organization forming part of a
                                plan or account referred to in clause (i),

                                    (iii) any papers submitted in support of
                                an application referred to in clause (i) or
                                (ii), and

                                    (iv) any letter or other document issued
                                by the Internal Revenue Service and dealing
                                with the qualification referred to in clause
                                (i) or the exemption from tax referred to in
                                clause (ii).

                        Except in the case of a plan participant, this
                        subparagraph shall not apply to any plan referred to
                        in clause (i) having not more than 25 participants.
                                (C) Certain names and compensation not to be
                            open to public inspection.--In the case of any
                            application, document, or other papers, referred
                            to in subparagraph (B), information from which
                            the compensation (including deferred
                            compensation) of any individual may be
                            ascertained shall not be opened to public
                            inspection under subparagraph (B).
                                (D) Withholding of certain other
                            information.--Upon request of the organization
                            submitting any supporting papers described in
                            subparagraph (A) or (B), the Secretary shall
                            withhold from public inspection any information
                            contained therein which he determines relates to
                            any trade secret, patent, process, style of
                            work, or apparatus, of the organization, if he
                            determines that public disclosure of such
                            information would adversely affect the
                            organization. The Secretary shall withhold from
                            public inspection any information contained in
                            supporting papers described in subparagraph (A)
                            or (B) the public disclosure of which he
                            determines would adversely affect the national
                            defense.
                    (2) Inspection by committee of Congress.--Section
                6103(f) shall apply with respect to--
                                (A) the application for exemption of any
                            organization described in section 501(c) or (d)
                            which is exempt from taxation under section
                            501(a) for any taxable year 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).

    [[Page 1009]]

                (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.
                98-369 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

                                        * * * * * * *

          1383  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 1010]]

                (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

          1384  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 1011]]

                                (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

                                        * * * * * * *

          1385  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 1012]]

                            tives and the Committee on Finance of the
                            Senate. (July 22, 1998, Pub.L. 105-206,
                            Sec. 1101(a), 112 Stat. 691.)

                                        * * * * * * *

          1386  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.)

                                        * * * * * * *

          1387  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

          1388  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.)
          1389  Sec. 8002. Membership.
                (a) Number and selection
                    The Joint Committee shall be composed of 10 members as
                follows:

    [[Page 1013]]

                                (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.)
          1390  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.)
          1391  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 1014]]

                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.)
          1392  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

          1393  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 Government Accountability
                Office, and approve such requests when appropriate, with a
                view towards eliminating overlapping investigations,
                ensuring that the Government Accountability 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 2005, there
                            shall be a joint review of the strategic plans

    [[Page 1015]]

                            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; Oct. 4, 2004,
                            Pub.L. 108-311, Title III, Sec. 321(a), 118
                            Stat. 1182; Dec. 21, 2005, Pub.L. 109-135, Title
                            IV, Sec. 412(rr)(5), 119 Stat. 2640.)
          1394  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 2005, 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 the matter addressed in the
                                joint review referred to in section
                                8021(f)(2).

    [[Page 1016]]

                                (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; Oct.
                                4, 2004, Pub.L. 108-311, Title III,
                                Sec. 321(b), 118 Stat. 1182.)

          1395  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 1017]]

                  SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS

                      Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND

                                        * * * * * * *

          1396  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 1018]]

                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

                                        * * * * * * *

          1397  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 1019]]

                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

                                        * * * * * * *

          1398  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 1020]]

                         TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE

                              Chapter 31.--THE ATTORNEY GENERAL

          1425  Sec. 530D. Report on enforcement of laws.
                (a) Report.--
                                (1) In general.--The Attorney General shall
                            submit to the Congress a report of any instance
                            in which the Attorney General or any officer of
                            the Department of Justice--

                                    (A) establishes or implements a formal
                                or informal policy to refrain--

                                            (i) from enforcing, applying, or
                                        administering any provision of any
                                        Federal statute, rule, regulation,
                                        program, policy, or other law whose
                                        enforcement, application, or
                                        administration is within the
                                        responsibility of the Attorney
                                        General or such officer on the
                                        grounds that such provision is
                                        unconstitutional; or

                                            (ii) within any judicial
                                        jurisdiction of or within the United
                                        States, from adhering to, enforcing,
                                        applying, or complying with, any
                                        standing rule of decision (binding
                                        upon courts of, or inferior to those
                                        of, that jurisdiction) established
                                        by a final decision of any court of,
                                        or superior to those of, that
                                        jurisdiction, respecting the
                                        interpretation, construction, or
                                        application of the Constitution, any
                                        statute, rule, regulation, program,
                                        policy, or other law whose
                                        enforcement, application, or
                                        administration is within the
                                        responsibility of the Attorney
                                        General or such officer;

                                    (B) determines--

                                            (i) to contest affirmatively, in
                                        any judicial, administrative, or
                                        other proceeding, the
                                        constitutionality of any provision
                                        of any Federal statute, rule,
                                        regulation, program, policy, or
                                        other law; or

                                            (ii) to refrain (on the grounds
                                        that the provision is
                                        unconstitutional) from defending or
                                        asserting, in any judicial,
                                        administrative, or other proceeding,
                                        the constitutionality of any
                                        provision of any Federal statute,
                                        rule, regulation, program, policy,
                                        or other law, or not to appeal or
                                        request review of any judicial,
                                        administrative, or other
                                        determination adversely affecting
                                        the constitutionality of any such
                                        provision; or

                                    (C) approves (other than in
                                circumstances in which a report is submitted
                                to the Joint Committee on Taxation, pursuant
                                to section 6405 of the Internal Revenue Code
                                of 1986) the settlement or compromise (other
                                than in bankruptcy) of any claim, suit, or
                                other action--

                                            (i) against the United States
                                        (including any agency or
                                        instrumentality thereof) for a sum
                                        that exceeds, or is likely to
                                        exceed, $2,000,000, excluding
                                        prejudgment interest; or

    [[Page 1021]]

                                            (ii) by the United States
                                        (including any agency or
                                        instrumentality thereof) pursuant to
                                        an agreement, consent decree, or
                                        order (or pursuant to any
                                        modification of an agreement,
                                        consent decree, or order) that
                                        provides injunctive or other
                                        nonmonetary relief that exceeds, or
                                        is likely to exceed, 3 years in
                                        duration: Provided, That for
                                        purposes of this clause, the term
                                        ``injunctive or other nonmonetary
                                        relief'' shall not be understood to
                                        include the following, where the
                                        same are a matter of public record--

                    (I) debarments, suspensions, or other exclusions from
                Government contracts or grants;
                    (II) mere reporting requirements or agreements
                (including sanctions for failure to report);
                    (III) requirements or agreements merely to comply with
                statutes or regulations;
                    (IV) requirements or agreements to surrender
                professional licenses or to cease the practice of
                professions, occupations, or industries;
                    (V) any criminal sentence or any requirements or
                agreements to perform community service, to serve probation,
                or to participate in supervised release from detention,
                confinement, or prison; or
                    (VI) agreements to cooperate with the government in
                investigations or prosecutions (whether or not the agreement
                is a matter of public record).
                                (2) Submission of report to the Congress.--
                            For the purposes of paragraph (1), a report
                            shall be considered to be submitted to the
                            Congress if the report is submitted to--

                                    (A) the majority leader and minority
                                leader of the Senate;

                                    (B) the Speaker, majority leader, and
                                minority leader of the House of
                                Representatives;

                                    (C) the chairman and ranking minority
                                member of the Committee on the Judiciary of
                                the House of Representatives and the
                                chairman and ranking minority member of the
                                Committee on the Judiciary of the Senate;
                                and

                                    (D) the Senate Legal Counsel and the
                                General Counsel of the House of
                                Representatives.

                (b) Deadline.--A report shall be submitted--
                                (1) under subsection (a)(1)(A), not later
                            than 30 days after the establishment or
                            implementation of each policy;
                                (2) under subsection (a)(1)(B), within such
                            time as will reasonably enable the House of
                            Representatives and the Senate to take action,
                            separately or jointly, to intervene in timely
                            fashion in the proceeding, but in no event later
                            than 30 days after the making of each
                            determination; and
                                (3) under subsection (a)(1)(C), not later
                            than 30 days after the conclusion of each
                            fiscal-year quarter, with respect to all
                            approvals occurring in such quarter.
                (c) Contents.--A report required by subsection (a) shall--
                                (1) specify the date of the establishment or
                            implementation of the policy described in
                            subsection (a)(1)(A), of the making of the
                            determination described in subsection (a)(1)(B),
                            or of each approval described in subsection
                            (a)(1)(C);

    [[Page 1022]]

                                (2) include a complete and detailed
                            statement of the relevant issues and background
                            (including a complete and detailed statement of
                            the reasons for the policy or determination, and
                            the identity of the officer responsible for
                            establishing or implementing such policy, making
                            such determination, or approving such settlement
                            or compromise), except that--

                                    (A) such details may be omitted as may
                                be absolutely necessary to prevent improper
                                disclosure of national-security- or
                                classified information, of any information
                                subject to the deliberative-process-,
                                executive-, attorney- work-product-, or
                                attorney-client privileges, or of any
                                information the disclosure of which is
                                prohibited by section 6103 of the Internal
                                Revenue Code of 1986, or other law or any
                                court order if the fact of each such
                                omission (and the precise ground or grounds
                                therefor) is clearly noted in the statement:
                                Provided, That this subparagraph shall not
                                be construed to deny to the Congress
                                (including any House, Committee, or agency
                                thereof) any such omitted details (or
                                related information) that it lawfully may
                                seek, subsequent to the submission of the
                                report; and--

                                    (B) the requirements of this paragraph
                                shall be deemed satisfied--

                                            (i) in the case of an approval
                                        described in subsection
                                        (a)(1)(C)(i), if an unredacted copy
                                        of the entire settlement agreement
                                        and consent decree or order (if any)
                                        is provided, along with a statement
                                        indicating the legal and factual
                                        basis or bases for the settlement or
                                        compromise (if not apparent on the
                                        face of documents provided); and

                                            (ii) in the case of an approval
                                        described in subsection
                                        (a)(1)(C)(ii), if an unredacted copy
                                        of the entire settlement agreement
                                        and consent decree or order (if any)
                                        is provided, along with a statement
                                        indicating the injunctive or other
                                        nonmonetary relief (if not apparent
                                        on the face of documents provided);
                                        and

                                (3) in the case of a determination described
                            in subsection (a)(1)(B) or an approval described
                            in subsection (a)(1)(C), indicate the nature,
                            tribunal, identifying information, and status of
                            the proceeding, suit, or action.

    [[Page 1023]]

                (d) Declaration.--In the case of a determination described
                    in subsection (a)(1)(B), the representative of the
                    United States participating in the proceeding shall make
                    a clear declaration in the proceeding that any position
                    expressed as to the constitutionality of the provision
                    involved is the position of the executive branch of the
                    Federal Government (or, as applicable, of the President
                    or of any executive agency or military department).
                (e) Applicability to the President and to executive agencies
                    and military departments.--The reporting, declaration,
                    and other provisions of this section relating to the
                    Attorney General and other officers of the Department of
                    Justice shall apply to the President (but only with
                    respect to the promulgation of any unclassified
                    Executive order or similar memorandum or order), to the
                    head of each executive agency or military department (as
                    defined, respectively, in sections 105 and 102 of title
                    5, United States Code) that establishes or implements a
                    policy described in subsection (a)(1)(A) or is
                    authorized to conduct litigation, and to the officers of
                    such executive agency. (Added Pub.L. 107-273, Div. A,
                    Title II, Sec.  202(a), Nov. 2, 2002, 116 Stat. 1771.)

                         Chapter 85.--DISTRICT COURTS, JURISDICTION

          1426  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 subpoena 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 subpoena 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 subpoena 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

    [[Page 1024]]

                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 subpoenas 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 subpoena or order of the Senate or
                any committee or subcommittee of the Senate or to review,
                modify, suspend, terminate, or set aside any such subpoena
                or order. An action, contempt proceeding, or sanction
                brought or imposed pursuant to this section shall not abate
                upon adjournment sine die by the Senate at the end of a
                Congress if the Senate or the committee or subcommittee of
                the Senate which issued the subpoena 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

          1427  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

          1428  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

    [[Page 1025]]

                with the same effect as the originals would have. (June 25,
                1948, ch. 646, Sec. 1, 62 Stat. 947.)

                                Chapter 131.--RULES OF COURTS

          1429  Sec. 2076. Repealed (Pub.L. 100-702, Sec. 401(c), 102 Stat.
                    4650).

                    Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
                                         PROCEDURE

          1430  Sec. 2509. Congressional reference cases.
                    (a) Whenever a bill, except a bill for a pension, is
                referred by either House of Congress to the chief judge of
                the United States Court of Federal Claims pursuant to
                section 1492 of this title, the chief judge shall designate
                a judge as hearing officer for the case and a panel of three
                judges of the court to serve as a reviewing body. One member
                of the review panel shall be designated as presiding officer
                of the panel.
                    (b) Proceedings in a congressional reference case shall
                be under rules and regulations prescribed for the purpose by
                the chief judge who is hereby authorized and directed to
                require the application of the pertinent rules of practice
                of the Court of Federal Claims insofar as feasible. Each
                hearing officer and each review panel shall have authority
                to do and perform any acts which may be necessary or proper
                for the efficient performance of their duties, including the
                power of subpoena 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

    [[Page 1026]]

                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 1027]]

                                TITLE 31.--MONEY AND FINANCE

                            Chapter 7.--GENERAL ACCOUNTING OFFICE

          1450  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.)

          1451  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.)
          1452  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 1028]]

                    (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.)
          1453  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.)
          1454  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 1029]]

                                (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 Government Accountability 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 Government
                Accountability 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 1030]]

                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; Pub.L. 108-271,
                Sec. 8(b), July 7, 2004, 118 Stat. 814.)

          1455  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.)
          1456  Sec. 734. Assignments and details to Congress.
                    The Comptroller General may assign or detail an officer
                or employee of the Government Accountability Office to full-
                time continuous duty

    [[Page 1031]]

                with a 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; Pub.L. 108-
                271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

                  Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
                                        INFORMATION

          1457  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.)

          1458  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.)
          1459  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.)
          1460  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 1032]]

                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.)
          1461  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 1033]]

                                (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 1034]]

                                    (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.
                                (33)(A)(i) a detailed, separate analysis, by
                            budget function, by agency, and by initiative
                            area (as determined by the administration) for
                            the prior fiscal year, the current fiscal year,
                            the fiscal years for which the budget is
                            submitted, and the ensuing fiscal year
                            identifying the amounts of gross and net
                            appropriations or obligational authority and
                            outlays that contribute to homeland security,
                            with separate displays for mandatory and
                            discretionary amounts, including--

                                    (I) summaries of the total amount of
                                such appropriations or new obligational
                                authority and outlays requested for homeland
                                security;

                                    (II) an estimate of the current service
                                levels of homeland security spending;

    [[Page 1035]]

                                    (III) the most recent risk assessment
                                and summary of homeland security needs in
                                each initiative area (as determined by the
                                administration); and

                                    (IV) an estimate of user fees collected
                                by the Federal Government on behalf of
                                homeland security activities;

                                (ii) with respect to subclauses (I) through
                            (IV) of clause (i), amounts shall be provided by
                            account for each program, project and activity;
                            and
                                (iii) an estimate of expenditures for
                            homeland security activities by State and local
                            governments and the private sector for the prior
                            fiscal year and the current fiscal year.
                                (B) In this paragraph, consistent with the
                            Office of Management and Budget's June 2002
                            ``Annual Report to Congress on Combatting
                            Terrorism'', the term ``homeland security''
                            refers to those activities that detect, deter,
                            protect against, and response to terrorist
                            attacks occurring within the United States and
                            its territories.
                                (C) In implementing this paragraph,
                            including determining what Federal activities or
                            accounts constitute homeland security for
                            purposes of budgetary classification, the Office
                            of Management and Budget is directed to consult
                            periodically, but at least annually, with the
                            House and Senate Budget Committees, the House
                            and Senate Appropriations Committees, and the
                            Congressional Budget Office.
                                (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 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

    [[Page 1036]]

                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
                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.

    [[Page 1037]]

                    (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).
                    (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.

    [[Page 1038]]

                                (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.
                    (h)(1) If there is a medicare funding warning under
                section 801(a)(2) of the Medicare Prescription Drug,
                Improvement, and Modernization Act of 2003 made in a year,
                the President shall submit to Congress, within the 15-day
                period beginning on the date of the budget submission to
                Congress under subsection (a) for the succeeding year,
                proposed legislation to respond to such warning.
                    (2) Paragraph (1) does not apply if, during the year in
                which the warning is made, legislation is enacted which
                eliminates excess general revenue medicare funding (as
                defined in section 801(c) of the Medicare Prescription Drug,
                Improvement, and Modernization Act of 2003) for the 7-
                fiscal-year reporting period, as certified by the Board of
                Trustees of each medicare trust fund (as defined in section
                801(c)(5) of such Act) not later than 30 days after the date
                of the enactment of such legislation.

                (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;
                Pub.L. 107-296, Title VIII, Sec. 889(a), Nov. 25, 2002, 116
                Stat. 2250; Pub.L. 108-173, Sec. 802(a), Dec. 8, 2003, 117
                Stat. 2360; Pub.L. 108-178, Sec. 4(f)(i), Dec. 15, 2003, 117
                Stat. 2641.)

          1462  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

    [[Page 1039]]

                                about the budget and current estimates of
                                the functions, obligations, requirements,
                                and financial condition of the United States
                                Government.

                                (2) for the 4 fiscal years following the
                            fiscal year for which the budget is submitted,
                            information on estimated expenditures for
                            programs authorized to continue in future years,
                            or that are considered mandatory, under law; and
                                (3) for future fiscal years, information on
                            estimated expenditures of balances carried over
                            from the fiscal year for which the budget is
                            submitted.
                    (b) Before July 16 of each year, the President shall
                submit to Congress a statement of changes in budget
                authority requested, estimated budget outlays, and estimated
                receipts for the fiscal year for which the budget is
                submitted (including prior changes proposed for the
                executive branch of the Government) that the President
                decides are necessary and appropriate based on current
                information. The statement shall include the effect of those
                changes on the information submitted under section
                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) Expired. (Pub.L. 97-258, Sept. 13, 1982, 96 Stat.
                911; Pub.L. 99-77, Title II, Sec. 242, Dec. 12, 1985, 99
                Stat. 1063.)
          1463  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.)
          1464  Sec. 1108. Preparation and submission of appropriations
                    requests to the President.
                    (a) In this section (except subsections (b)(1) and (e)),
                ``agency'' means a department, agency, or instrumentality of
                the United States Government.
                    (b)(1) The head of each agency shall prepare and submit
                to the President each appropriation request for the agency.
                The request shall be prepared and submitted in the form
                prescribed by the President under this chapter and by the
                date established by the President. When the head of an
                agency does not submit a request by that date, the President
                shall prepare the request for the agency to be included in
                the budget or changes in the budget or as deficiency and
                supplemental appropriations. The President may change agency
                appropriation requests. Agency appropriation requests shall
                be developed from cost-based budgets in the way and at times
                prescribed by the President. The head of the agency shall
                use the cost-based budget to administer the agency and to
                divide appropriations or amounts.

    [[Page 1040]]

                    (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.)
          1465  Sec. 1109. Current programs and activities estimates.
                    (a) On or before the first Monday after January 3 of
                each year (on or before February 5 in 1986), the President
                shall submit to both Houses of Congress the estimated budget
                outlays and proposed budget authority that would be included
                in the budget for the following fiscal year if programs and
                activities of the United States Government were carried on
                during that year at the same level as the current fiscal
                year without a change in policy. The President shall state
                the estimated budget outlays and proposed budget authority
                by function and subfunction under the classifications in the
                budget summary table under the heading ``Budget Authority
                and Outlays by Function and Agency'', by major programs in
                each function, and by agency. The President shall also
                include a statement of the economic and program assumptions
                on which those budget outlays and budget authority are
                based, including inflation, real

    [[Page 1041]]

                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.)
          1466  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.)
          1467  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.)
          1468  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, programs,
                            projects, activities, and functions;
                                (2) when advisable, shall report to Congress
                            on those terms and classifications, and
                            recommend legislation necessary to promote the
                            establishment, maintenance, and use of standard
                            terms and classifications by the executive
                            branch of the Government; and

    [[Page 1042]]

                                (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.)
          1469  Sec. 1113. Congressional information.
                    (a)(1) When requested by a committee of Congress having
                jurisdiction over receipts or appropriations, the President
                shall provide the committee with assistance and information.
                    (2) When requested by a committee of Congress,
                additional information related to the amount of an
                appropriation originally requested by an Office of Inspector
                General shall be submitted to the committee.
                    (b) When requested by a committee of Congress, by the
                Comptroller General, or by the Director of the Congressional
                Budget Office, the Secretary of the Treasury, the Director
                of the Office of Management and Budget, and the head of each
                executive agency shall--
                                (1) provide information on the location and
                            kind of available fiscal, budget, and program
                            information;
                                (2) to the extent practicable, prepare
                            summary tables of that fiscal, budget, and
                            program information and related information the
                            committee, the Comptroller General, or the
                            Director of the Congressional Budget Office
                            considers necessary; and
                                (3) provide a program evaluation carried out
                            or commissioned by an executive agency.
                    (c) In cooperation with the Director of the
                Congressional Budget Office, the Secretary, and the Director
                of the Office of Management and Budget, and Comptroller
                General shall--
                                (1) establish and maintain a current
                            directory of sources of, and information systems
                            for, fiscal, budget, and program information and
                            a brief description of the contents of each
                            source and system;
                                (2) when requested, provide assistance to
                            committees of Congress and members of Congress
                            in obtaining information from the sources in the
                            directory; and

    [[Page 1043]]

                                (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 1044]]

          1470  Sec. 1114. Repealed (Oct. 13, 1994, Pub.L. 103-355,
                    Sec. 2454(c)(2), 108 Stat. 3326).

                            Chapter 15.--APPROPRIATION ACCOUNTING

          1471  Sec. 1535. Agency agreements.
                NOTE:
                    Acquisition of Goods, Services, or Space by Secretary of
                Senate and Sergeant at Arms and Doorkeeper of the Senate.
                    Pub.L. 101-163, Title I, Sec.  8, Nov. 21, 1989, 103
                Stat. 1046 (as amended by Pub.L. 112-10, Title IX, Sec.
                1904, April 15, 2011, 125 Stat. ----), provided that:
                    ``(1) The Secretary of the Senate and the Sergeant at
                Arms and Doorkeeper of the Senate are authorized to acquire
                goods, services, or space from government agencies and units
                by agreement under the provisions of the Economy Act, 31
                U.S.C. 1535, and to make advance payments in conjunction
                therewith, if required by the providing agency or
                establishment.
                    ``(2) No advance payment may be made under paragraph (1)
                unless specifically provided for in the agreement. No
                agreement providing for advance payment may be entered into
                unless it contains a provision requiring the refund of any
                unobligated balance of the advance.
                    ``(3) Agreement under paragraph (1) shall be in
                accordance with regulations prescribed by the Committee on
                Rules and Administration of the Senate.''

                     Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY

                                  Subchapter II.--Payments

          1472

                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.

    [[Page 1045]]

                    (e)(1) Notwithstanding subsections (a) through (d) of
                this section, sections 5120(a) and (d) of title 38, and any
                other provision of law, all Federal payments to a recipient
                who becomes eligible for that type of payment after 90 days
                after the date of the enactment of the Debt Collection
                Improvement Act of 1996 shall be made by electronic funds
                transfer.
                    (2) The head of a Federal agency shall, with respect to
                Federal payments made or authorized by the agency, waive the
                application of paragraph (1) to a recipient of those
                payments upon receipt of written certification from the
                recipient that the recipient does not have an account with a
                financial institution or an authorized payment agent.
                    (f)(1) Notwithstanding any other provision of law
                (including subsections (a) through (e) of this section and
                sections 5120(a) and (d) of title 38), except as provided in
                paragraph (2) all Federal payments made after January 1,
                1999, shall be made by electronic funds transfer.
                    (2)(A) The Secretary of the Treasury may waive
                application of this subsection to payments--
                                (i) for individuals or classes of
                            individuals for whom compliance imposes a
                            hardship;
                                (ii) for classifications or types of checks;
                            or
                                (iii) in other circumstances as may be
                            necessary.
                    (B) The Secretary of the Treasury shall make
                determinations under subparagraph (A) based on standards
                developed by the Secretary.
                    (g) Each recipient of Federal payments required to be
                made by electronic funds transfer shall--
                                (1) designate 1 or more financial
                            institutions or other authorized agents to which
                            such payments shall be made; and
                                (2) provide to the Federal agency that makes
                            or authorizes the payments information necessary
                            for the recipient to receive electronic funds
                            transfer payments through each institution or
                            agent designated under paragraph (1).
                    (h) The crediting of the amount of a payment to the
                appropriate account on the books of a financial institution
                or other authorized payment agent designated by a payment
                recipient under this section shall constitute a full
                acquittance to the United States for the amount of the
                payment.
                    (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,

    [[Page 1046]]

                            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 1047]]

                                  TITLE 39.--POSTAL SERVICE

                                    Part IV.--MAIL MATTER

                          Chapter 32.--PENALTY AND FRANKED MAIL\1\

          1480  Sec. 3201. Definitions.
                    As used in this chapter--
                    \1\ For United States Postal Service regulation on
                    congressional franking privilege, see Senate Manual
                    section 1490. 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.)
          1481  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 1048]]

                            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 1049]]

                    (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 1050]]

                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 postmarked 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 1051]]

                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 1052]]

                    (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; Pub.L. 109-435,
                Title X, Sec. 1010(g)(4), Dec. 20, 2006, 120 Stat. 3262.)
          1482  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.)
          1483  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 1053]]

                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 1657).
          1484  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.)
          1485  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.)
          1486  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 1054]]

                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.)
          1487  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 1055]]

                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), (c)(1),
                95 Stat. 1043.)

          1488  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.)
          1489  Sec. 3220. Omitted.
          1490

                      Domestic Mail Manual Provisions Relating to the
                              Congressional Franking Privilege

                              703.6.0.--Official Mail (Franked)

                703.6.1  Basic Information

                703.6.1.1  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 6.1.1 shows what is accepted
                under frank and who is authorized its use.

                703.6.1.2  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.

                703.6.1.3  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.

                703.6.1.4  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.

                703.6.1.5  Criteria. Franked mail must be addressed to the
                recipient by name, except under 602.3.0, Use of Alternative
                Addressing, and it

    [[Page 1056]]

                must meet the mailability criteria in 601 and the physical
                standards for the class of mail used.\1\

                    \1\ Part 602.3.0 describes alternative addressing
                    formats. Part 601.1.0 gives general mailability
                    standards (such as requisite dimensions, packaging, and
                    containers). Part 601.11.0 describes articles and
                    substances prohibited because they may be injurious to
                    life, health or property (such as liquor or firearms).
                    Part 601.12.0 refers to restricted forms of printed
                    materials (such as deceptive solicitations or sexually
                    oriented advertisements).

                703.6.1.6  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.

                703.6.1.7  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 1057]]

                                                                        Exhibit 6.1.1\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                  The signature and title (written or     During term of office only. When
     States, Members and Members-                                              printed facsimile) of person entitled   position of Secretary, Sergeant at
     elect of Congress, Resident                                               to frank must appear on address side    Arms, elected officer, Legislative
     Commissioners, Secretary of                                                                                       Counsel, Law Revision Counsel, or
     the Senate, Sergeant at Arms                                                                                      Senate Legal Counsel is vacant,
     of the Senate, each elected                                                                                       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 public document marking as shown
                                      correspondence                           above, must appear on address side
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Available at http://pe.usps.gov/text/dmm300/703.htm#1114040.

                      40 u.s.c.--public buildings, property, and works

                      general and permanent laws relating to the senate

    [[Page 1058]]

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

                  Subtitle I.--Federal Property and Administrative Services

                 Chapter 3.--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION

          1500  Sec. 321. Acquisition Services Fund.
                (a) Existence.--The Acquisition Services Fund is a special
                    fund in the Treasury.
                (b) Composition.--
                                (1) In general.--The Fund is composed of
                            amounts authorized to be transferred to the Fund
                            or otherwise made available to the Fund.
                                (2) Other credits.--The Fund shall be
                            credited with all reimbursements, advances, and
                            refunds or recoveries relating to personal
                            property or services procured through the Fund,
                            including--

                                    (A) the net proceeds of disposal of
                                surplus personal property; and

                                    (B) receipts from carriers and others
                                for loss of, or damage to, personal
                                property; and

                                    (C) receipts from agencies charged fees
                                pursuant to rates established by the
                                Administrator.

                                (3) Cost and capital requirements.--The
                            Administrator shall determine the cost and
                            capital requirements of the Fund for each fiscal
                            year and shall develop a plan concerning such
                            requirements in consultation with the Chief
                            Financial Officer of the General Services
                            Administration. Any change to the cost and
                            capital requirements of the Fund for a fiscal
                            year shall be approved by the Administrator. The
                            Administrator shall establish rates to be
                            charged agencies provided, or to be provided,
                            supply of personal property and non-personal
                            services through the Fund, in accordance with
                            the plan.
                                (4) Deposit of fees.--Fees collected by the
                            Administrator under section 313 of this title
                            may be deposited in the Fund to be used for the
                            purposes of the Fund.
                (c) Uses.--
                                (1) In general.--The Fund is available for
                            use by or under the direction and control of the
                            Administrator for--

                                    (A) procuring, for the use of federal
                                agencies in the proper discharge of their
                                responsibilities--

                                            (i) personal property (including
                                        the purchase from or through the
                                        Public Printer, for warehouse issue,
                                        of standard forms, blankbook work,
                                        standard specifications, and other
                                        printed material in common use by
                                        federal agencies and not available
                                        through the Superintendent of
                                        Documents);

    [[Page 1059]]

                                            (ii) nonpersonal services; and

                                            (iii) personal services related
                                        to the provision of information
                                        technology (as defined in section
                                        11101(6) of this title);

                                    (B) paying the purchase price, cost of
                                transportation of personal property and
                                services, and cost of personal services
                                employed directly in the repair,
                                rehabilitation, and conversion of personal
                                property; and

                                    (C) paying other direct costs of, and
                                indirect costs that are reasonably related
                                to, contracting, procurement, inspection,
                                storage, management, distribution, and
                                accountability of property and nonpersonal
                                services provided by the General Services
                                Administration or by special order through
                                the Administration.

                                (2) Other uses.--The Fund may be used for
                            the procurement of personal property and
                            nonpersonal services authorized to be acquired
                            by--

                                    (A) mixed-ownership Government
                                corporations;

                                    (B) the municipal government of the
                                District of Columbia; or

                                    (C) a requisitioning non-federal agency
                                when the function of a federal agency
                                authorized to procure for it is transferred
                                to the Administration.

                (d) Payment for property and services.--
                                (1) In general.--For property or services
                            procured through the Fund for requisitioning
                            agencies, the agencies shall pay prices the
                            Administrator fixes under this subsection.
                                (2) Prices fixed by Administrator.--The
                            Administrator shall fix prices at levels
                            sufficient to recover--

                                    (A) so far as practicable--

                                            (i) the purchase price;

                                            (ii) the transportation cost;

                                            (iii) inventory losses;

                                            (iv) the cost of personal
                                        services employed directly in the
                                        repair, rehabilitation, and
                                        conversion of personal property;

                                            (v) the cost of personal
                                        services employed directly in
                                        providing information technology (as
                                        defined in section 11101(6) of this
                                        title); and''.

                                            (vi) the cost of amortization
                                        and repair of equipment used for
                                        lease or rent to executive agencies;
                                        and

                                    (B) properly allocable costs payable by
                                the Fund under subsection (c)(1)(C).

                                (3) Timing of payments.--

                                    (A) Payment in advance.--A
                                requisitioning agency shall pay in advance
                                when the Administrator determines that there
                                is insufficient capital otherwise available
                                in the Fund. Payment in advance may also be
                                made under an agreement between a
                                requisitioning agency and the Administrator.

                                    (B) Prompt reimbursement.--If payment is
                                not made in advance, the Administration
                                shall be reimbursed promptly out of amounts
                                of the requisitioning agency in accordance
                                with accounting procedures approved by the
                                Comptroller General.

                                    (C) Failure to make prompt
                                reimbursement.--The Administrator may obtain
                                reimbursement by the issuance of transfer
                                and counterwarrants, or other lawful
                                transfer documents, sup

    [[Page 1060]]

                                ported by itemized invoices, if payment is
                                not made by a requisitioning agency within
                                45 days after the later of--

                                            (i) the date of billing by the
                                        Administrator; or

                                            (ii) the date on which actual
                                        liability for personal property or
                                        services is incurred by the
                                        Administrator.

                (e) Reimbursement for equipment purchased for Congress.--The
                    Administrator may accept periodic reimbursement from the
                    Senate and from the House of Representatives for the
                    cost of any equipment purchased for the Senate or the
                    House of Representatives with money from the Fund. The
                    amount of each periodic reimbursement shall be computed
                    by amortizing the total cost of each item of equipment
                    over the useful life of the equipment, as determined by
                    the Administrator, in consultation with the Sergeant at
                    Arms and Doorkeeper of the Senate or the Chief
                    Administrative Officer of the House of Representatives,
                    as appropriate.
                (f) Transfer of uncommitted balances.--Following the close
                    of each fiscal year, after making provision for a
                    sufficient level of inventory of personal property to
                    meet the needs of Federal agencies, the replacement cost
                    of motor vehicles, and other anticipated operating needs
                    reflected in the cost and capital plan developed under
                    subsection (b), the uncommitted balance of any funds
                    remaining in the Fund shall be transferred to the
                    general fund of the Treasury as miscellaneous receipts.
                (g) Audits.--The Comptroller General shall audit the Fund in
                    accordance with the provisions of chapter 35 of title 31
                    and report the results of the audits. (Pub.L. 107-217,
                    Sec.  1, Aug. 21, 2002, 116 Stat. 1074; Pub.L. 109-313,
                    Sec.  3(d) to (g), (h)(2), Oct. 6, 2006, 120 Stat. 1735,
                    1736.)

                  Chapter 51.--UNITED STATES CAPITOL BUILDINGS AND GROUNDS

          1501  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
                buildings on the real property described under section
                5102(c) (including the Administrative Building of the United
                States Botanic Garden), all buildings on the real property
                described under section 5102(d), all subways and enclosed
                passages connecting two or more of those structures, and the
                real property underlying and enclosed by any of those
                structures. (Act of July 31, 1946, ch. 707, sec. 16(a)(1),
                60 Stat. 721; Pub.L. 90-108, sec. 1(d), Oct. 20, 1967, 81
                Stat. 277; Pub.L. 108-7, sec. 1016(a), Feb. 20, 2003, 117
                Stat. 364; Pub.L. 110-161, Div. H, Title I,
                Sec. 1004(d)(2)(A)(i), Dec. 26, 2007, 121 Stat. 2233; Pub.L.
                110-178, Sec.  4(b)(1)(A), Jan. 7, 2008, 121 Stat. 2551;
                Pub.L. 111-145, Sec.  6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
                Note.--Designation of Great Hall of the Capitol Visitor
                Center as Emanicipation Hall
                    Pub.L. 110-139, Sec. 1, Dec. 18, 2007, 121 Stat. 1491,
                provided that:
                            (a) In general

    [[Page 1061]]

    The great hall of the Capitol Visitor Center shall be known and designated
    as ``Emancipation Hall'', and any reference to the great hall in any law,
    rule, or regulation shall be deemed to be a reference to Emancipation Hall.

                            (b)Effective date

    This section [enacting this note] shall apply on and after the date of the
    enactment of this Act [Dec. 18, 2007].

          1502  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
                                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

    [[Page 1062]]

                                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.

                (c) National Garden of the United States Botanic Garden
                    (1) In general.--Except as provided under paragraph (2),
                the United States Capitol Grounds shall include--
                                (A) the National Garden of the United States
                            Botanic Garden;
                                (B) all grounds contiguous to the
                            Administrative Building of the United States
                            Botanic Garden, including Bartholdi Park; and
                                (C) all grounds bounded by the curblines of
                            First Street, Southwest on the east; Washington
                            Avenue, Southwest to its intersection with
                            Independence Avenue, and Independence Avenue
                            from such intersection to its intersection with
                            Third Street, Southwest on the south; Third
                            Street, Southwest on the west; and Maryland
                            Avenue, Southwest on the north.
                    (2) Maintenance and improvements.--Notwithstanding
                subsections (a) and (b), jurisdiction and control over the
                buildings on the grounds described in paragraph (1) shall be
                retained by the Joint Committee on the Library, and the
                Joint Committee on the Library shall continue to be solely
                responsible for the maintenance and improvement of the
                grounds described in such paragraph.
                    (3) Authority not limited.--Nothing in this subsection
                shall limit the authority of the Architect of the Capitol
                under section 307E of the Legislative Branch Appropriations
                Act, 1989 (40 U.S.C. 216c).
                (d) Library of Congress buildings and grounds
                    (1) In general.--Except as provided under paragraph (2),
                the United States Capitol grounds shall include the Library
                of Congress grounds described under section 11 of the Act
                entitled ``An Act relating to the policing of the buildings
                \1\ of the Library of Congress'', approved August 4, 1950 (2
                U.S.C. 167j).
                    \1\ So in original. Probably should be followed by ``and
                    grounds''.
                    (2) Authority of Librarian of Congress.--Notwithstanding
                subsections (a) and (b), the Librarian of Congress shall
                retain authority over the Library of Congress buildings and
                grounds in accordance with section 1 of the Act of June 29,
                1922 (2 U.S.C. 141; 42 Stat. 715). (Pub.L. 107-217, Sec. 1,
                Aug. 21, 2002, 116 Stat. 1175; Pub.L. 108-7, Div. H, Title
                I, Sec. 1016(b), Feb. 20, 2003, 117 Stat. 364; Pub.L. 110-
                161, Div. H, Title I, Sec. 1004(d)(2)(A)(ii), Dec. 26, 2007,
                121 Stat. 2233; Pub.L. 110-178, Sec. 4(b)(1)(B), (d), Jan.
                7, 2008, 121 Stat. 2551; Pub.L. 111-145, Sec.  6(d)(1), Mar.
                4, 2010, 124 Stat. 54.)
          1503  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.

    [[Page 1063]]

                (Act of July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718; Pub.L.
                107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1176.)
          1504  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 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;

    [[Page 1064]]

                                    (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--

                                    (i) either House of Congress or a
                                Member, committee, officer, or employee of
                                Congress, or either House of Congress; or

                                    (ii) the Library 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;
                                (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. (Act of July 31, 1946, ch. 707, 60
                            Stat. 718; Pub.L. 87-571, Aug. 6, 1962, 76 Stat.
                            307; Pub.L. 90-108, Sec. 1, Oct. 20, 1967, 81
                            Stat. 276; Pub.L. 107-217, Sec. 1, Aug. 21,
                            2002, 116 Stat. 1176;

    [[Page 1065]]

                            Pub.L. 110-161, Div. H, Title I,
                            Sec. 1004(d)(2)(A)(iii), Dec. 26, 2007, 121
                            Stat. 2234; Pub.L. 110-178, Sec.  4(b)(1)(C),
                            Jan. 7, 2008, 121 Stat. 2552; Pub.L. 111-145,
                            Sec.  6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
          1505  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. (Act of July 31, 1946,
                ch. 707, Sec. 10, 60 Stat. 719; Pub.L. 107-217, Sec. 1, Aug.
                21, 2002, 116 Stat. 1178.)
          1506  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.
                (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). (Act of July 31, 1946, ch. 707,
                Sec. Sec. 11, 12, 60 Stat. 719; Pub.L. 107-217, Sec. 1, Aug.
                21, 2002, 116 Stat. 1178.)
          1507  Sec. 5107. Concerts on grounds.
                    Sections 5102, 5103, 5104(b)-(f), 5105, 5106, 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. (Act of July 31, 1946, ch. 707,
                sec. 13, 60 Stat. 720; Pub.L. 107-217, Aug. 21, 2002, 116
                Stat. 1178; Pub.L. 108-178, Sec. 3, Dec. 15, 2003, 117 Stat.
                2640.)
          1508  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

    [[Page 1066]]

                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. (Pub.L. 91-510, Title IV,
                Sec. 451(a), Oct. 26, 1970, 84 Stat. 1193; Pub.L. 107-217,
                Sec. 1, Aug. 21, 2002, 116 Stat. 1178.)
          1509  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 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.
                            (Act of July 31, 1946, ch. 707, Sec. 8, 60 Stat.
                            719; Pub.L. 87-571, Aug. 6, 1962, 76 Stat. 307;
                            Pub.L. 90-108, Sec. 1(c), Oct. 20, 1967, 81
                            Stat. 277; Pub.L. 107-217, Sec. 1, Aug. 21,
                            2002, 116 Stat. 1178.)

    [[Page 1067]]

                             Part C.--Federal Building Complexes

                  Chapter 65.--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

          1510  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. (Pub.L. 100-480, Sec. 10, Oct. 7, 1988, 102 Stat.
                2335; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
                1188.)
          1511  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.
                (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.

    [[Page 1068]]

                (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. (Pub.L.
                100-480, Sec. Sec. 2-4, Oct. 7, 1988, 102 Stat. 2328-31;
                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1188.)
          1512  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. (Pub.L. 100-480,
                Sec. 7, Oct. 7, 1988, 102 Stat. 2334; Pub.L. 107-217,
                Sec. 1, Aug. 21, 2002, 116 Stat. 1189.)

    [[Page 1069]]

          1513  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. (Pub.L. 100-480,
                            Sec. Sec. 3, 4, Oct. 7, 1988, 102 Stat. 2330,
                            2331; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
                            Stat. 1189.)
          1514  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 viola

    [[Page 1070]]

                            tion of federal or state law or the laws of the
                            District of Columbia, or any regulation
                            prescribed under any of those laws.
                    (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. (Pub.L.
                100-480, Sec. 5, Oct. 7, 1988, 102 Stat. 2331; Pub.L. 102-
                392, Title III, Sec. 311(a), Oct. 6, 1992, 106 Stat. 1723;
                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1190.)
          1515  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

    [[Page 1071]]

                (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 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. (Pub.L.
                100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub.L. 102-
                392, Title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724;
                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1190.)

    [[Page 1072]]

          1516  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.
                (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). (Pub.L. 100-480, Sec. 9, Oct. 7,
                            1988, 102 Stat. 2334; Pub.L. 102-392, Title III,
                            Sec. 311(b), Oct. 6, 1992, 106 Stat. 1723;
                            Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
                            1192.)

                 Chapter 89.--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
                                           WORKS

          1517  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 and its environs, and to encourage the
                            location of commemorative works within the urban
                            fabric of 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. (Pub.L. 99-652, Sec. 2, Nov. 14,
                                1986, 100 Stat. 3650; Pub.L. 103-321,
                                Sec. 2(a), Aug. 26, 1994, 108 Stat. 1793;
                                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
                                Stat. 1227; Pub.L. 108-126, Sec. 203(a),
                                Nov. 17, 2003, 117 Stat. 1348.)

          1518  Sec. 8902. Definitions and nonapplication.
                (a) Definitions
                    In this chapter, the following definitions apply:
                                (1) Commemorative work.--The term
                            ``commemorative work means any statue, monument,
                            sculpture, memorial, plaque, inscription, or
                            other structure or landscape feature, including
                            a garden

    [[Page 1073]]

                            or memorial grove, designed to perpetuate in a
                            permanent manner the memory of an individual,
                            group, event or other significant element of
                            American history, except that the term does not
                            include any such item which is located within
                            the interior of a structure or a structure which
                            is primarily used for other purposes.
                                (2) The District of Columbia and its
                            Environs.--The term `the District of Columbia
                            and its environs' means those lands and
                            properties administered by the National Park
                            Service and the General Services Administration
                            located in the Reserve, Area I, and Area II as
                            depicted on the map entitled `Commemorative
                            Areas Washington, DC and Environs', numbered
                            869/86501 B, and dated June 24, 2003.
                                (3) Reserve.--The term `Reserve' means the
                            great cross-axis of the Mall, which generally
                            extends from the United States Capitol to the
                            Lincoln Memorial, and from the White House to
                            the Jefferson Memorial, as depicted on the map
                            referenced in paragraph (2).
                                (4) Sponsor.--The term `sponsor' means a
                            public agency, or an individual, group or
                            organization that is described in section
                            501(c)(3) of the Internal Revenue Code of 1986
                            and exempt from tax under section 501(a) of such
                            Code, and which is authorized by Congress to
                            establish a commemorative work in the District
                            of Columbia and its environs.
                (b) Nonapplication
                    This chapter does not apply to commemorative works
                authorized by a law enacted before January 3, 1985. (Pub.L.
                99-652, Sec. Sec. 2, 10, Nov. 14, 1986, 100 Stat. 3650,
                3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793;
                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1227;
                Pub.L. 108-126, Title II, Sec. 203(b), Nov. 17, 2003, 117
                Stat. 1350.)
          1519  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 solely
                commemorating a limited military engagement 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 such war or conflict.
                (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.

    [[Page 1074]]

                (d) Consultation With National Capital Memorial Advisory
                    Commission
                    In considering legislation authorizing commemorative
                works in the District of Columbia and its environs, the
                Committee on Resources 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
                Advisory Commission.
                (e) Expiration of Legislative Authority
                    Any legislative authority for a commemorative work shall
                expire at the end of the seven-year period beginning on the
                date of the enactment of such authority, or at the end of
                the seven-year period beginning on the date of the enactment
                of legislative authority to locate the commemorative work
                within Area I, if such additional authority has been
                granted, unless--
                                (1) the Secretary of the Interior or the
                            Administrator of General Services (as
                            appropriate) has issued a construction permit
                            for the commemorative work during that period;
                            or
                                (2) the Secretary or the Administrator (as
                            appropriate), in consultation with the National
                            Capital Memorial Advisory Commission, has made a
                            determination that--

                                    (A) final design approvals have been
                                obtained from the National Capital Planning
                                Commission and the Commisssion of Fine Arts;
                                and

                                    (B) 75 percent of the amount estimated
                                to be required to complete the commemorative
                                work has been raised.

                    If these two conditions have been met, the Secretary or
                the Administrator (as appropriate) may extend the seven-year
                legislative authority for a period not to exceed three
                additional years. Upon expiration of the legislative
                authority, any previous site and design approvals shall also
                expire. (Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat.
                1795; Pub.L. 104-186, Title II, Sec. 221, Aug. 20, 1996, 110
                Stat. 1750; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat.
                1228; Pub.L. 108-126, Title II, Sec. 203(c), Nov. 17, 2003,
                117 Stat. 1350.)
          1520  Sec. 8904. National Capital Memorial Advisory Commission.
                (a) Establishment and Composition
                    There is established the National Capital Memorial
                Advisory Commission, which shall be composed 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;
                                (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 Advisory Commission.

    [[Page 1075]]

                (c) Advisory Role
                    The National Capital Memorial Advisory Commission shall
                advise the Secretary of the Interior and the Administrator
                of General Services as appropriate 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 Advisory Commission shall
                meet at least twice annually. (Pub.L. 99-652, Sec. 4, Nov.
                14, 1986, 100 Stat. 3651; Pub.L. 107-217, Sec. 1, Aug. 21,
                2002, 116 Stat. 1229; Pub.L. 108-126, Title II, Sec. 203(d),
                Nov. 17, 2003, 117 Stat. 1351.)
          1521  Sec. 8905. Site and design approval.
                (a) Consultation on, and Submission of, Proposals
                    A sponsor 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 sponsor must consult
                            with the National Capital Memorial Advisory
                            Commission regarding the selection of
                            alternative sites and design concepts 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, and the
                Secretary or Administrator (as appropriate) 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, existing public use,
                                and cultural and natural resources.

                                (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.
                                (5) Museums.--No commemorative work
                            primarily designed as a museum may be located on
                            lands under the jurisdiction of the Secretary in
                            Area I or in East Potomac Park as depicted on
                            the map referenced in section 8902(2).
                                (6) Site-specific guidelines.--The National
                            Capital Planning Commission and the Commission
                            of Fine Arts may develop such criteria or
                            guidelines specific to each site that are
                            mutually agreed upon

    [[Page 1076]]

                            to ensure that the design of the commemorative
                            work carries out the purposes of this chapter.
                                (7) Donor contributions.--Donor
                            contributions to commemorative works shall not
                            be acknowledged in any manner as part of the
                            commemorative work or its site. (Pub.L. 99-652,
                            Sec. 7, Nov. 14, 1986, 100 Stat. 3652; Pub.L.
                            103-321, Sec. 2(d), Aug. 26, 1994, 108 Stat.
                            1794; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116
                            Stat. 1229; Pub.L. 108-126, Title II,
                            Sec. Sec. 203(e), 204, Nov. 17, 2003, 117 Stat.
                            1351, 1352.)
          1522  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 sponsor authorized to construct the
                            commemorative work has submitted contract
                            documents for construction of the commemorative
                            work to the Secretary or Administrator; and
                                (4) the sponsor authorized to construct the
                            commemorative work has available sufficient
                            amounts to complete construction of the project.
                (b) Donation for Perpetual Maintenance and Preservation
                    (1) In addition to the criteria described in subsection
                (a), no construction permit shall be issued unless the
                sponsor 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. All
                such amounts shall be available for those purposes pursuant
                to the provisions of this subsection. The provisions of this
                subsection shall not apply in instances when the
                commemorative work is constructed by a Department or agency
                of the Federal Government and less than 50 percent of the
                funding for such work is provided by private sources.
                    (2) Notwithstanding any other provision of law, money on
                deposit in the Treasury on the date of enactment of the
                Commemorative Works Clarification and Revision Act of 2003
                provided by a sponsor for maintenance pursuant to this
                subsection shall be credited to a separate account in the
                Treasury.
                    (3) Money provided by a sponsor pursuant to the
                provisions of this subsection after the date of enactment of
                the Commemorative Works Clarification and Revision Act of
                2003 shall be credited to a separate account with the
                National Park Foundation.
                    (4) Upon request of the Secretary or Administrator (as
                appropriate), the Secretary of the Treasury or the National
                Park Foundation shall make all or a portion of such moneys
                available to the Secretary or

    [[Page 1077]]

                the Administrator (as appropriate) for the maintenance of a
                commemorative work. Under no circumstances may the Secretary
                or Administrator request funds from a separate account
                exceeding the total money in the account established under
                paragraph (2) or (3). The Secretary and the Administrator
                shall maintain an inventory of funds available for such
                purposes. Funds provided under this paragraph shall be
                available without further appropriation and shall remain
                available until expended.
                (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.
                (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. (Pub.L. 99-652, Sec. 8, Nov. 14, 1986, 100 Stat.
                3652; Pub.L. 103-321, Sec. 2(e), Aug. 26, 1994, 108 Stat.
                1794; Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1230;
                Pub.L. 108-126, Title II, Sec. 203(f), Nov. 17, 2003, 117
                Stat. 1351.)
          1523  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. (Pub.L. 103-321, Sec. 2(f), Aug. 26,
                1994, 108 Stat. 1795; Pub.L. 107-271, Sec. 1, Aug. 21, 2002,
                116 Stat. 1231.)
          1524  Sec. 8908. Areas I and II.
                (a) Availability of map
                    The Secretary of the Interior or the Administrator of
                General Services (as appropriate) shall make available, for
                public inspection at appro

    [[Page 1078]]

                priate offices of the National Park Service and the General
                Services Administration, the map entitled ``Commemorative
                Areas, Washington, D.C. and Environs,'' numbered 869/86501B,
                and dated June 24, 2003.
                (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.
                (c) Reserve
                    After the date of enactment of the Commemorative Works
                Clarification and Revision Act of 2003, no commemorative
                work or visitor center shall be located within the Reserve.
                (Pub.L. 99-652, Sec. Sec. 5, 6, Nov. 14, 1986, 100 Stat.
                3651; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1794;
                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231;
                Pub.L. 108-126, Title II, Sec. Sec. 202(b), 203(g), Nov. 17,
                2003, 117 Stat. 1349, 1352.)
          1525  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. (Pub.L. 99-652, Sec. 10, Nov. 14, 1986, 100 Stat.
                3654; Pub.L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1795;
                Pub.L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1231.)
                                 41 u.s.c.--public contracts

                      general and permanent laws relating to the senate

    [[Page 1079]]

                                 TITLE 41.--PUBLIC CONTRACTS

                               Chapter 1.--GENERAL PROVISIONS

          1550  Sec. 6a-1. Architect of the Capitol, exception from
                    advertisement requirements.

                    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.)

          1551  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.)

          1552  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. Nor shall the provisions of this
                section apply to any contracts or agreements heretofore or
                hereafter entered into under the Agricultural Adjustment Act
                [7 U.S.C.A. Sec. 601 et seq.], the Federal Farm Loan Act,
                the Emergency Farm Mortgage Act of 1933, the Federal Farm
                Mortgage Corporation Act, the Farm Credit Act of 1933, and
                the Home Owners' Loan Act of 1933 [12 U.S.C.A. Sec. 1461 et
                seq.], and shall not apply to contracts or agreements of a
                kind which the Secretary of Agriculture may enter into with
                farmers: Provided, That such exemption shall be made a
                matter of public record. (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; Pub.L. 104-106,
                Div. D, Title XLIII, Sec. 4321(i)(12), 110 Stat. 676.)
                            42 u.s.c.--the public health welfare

                      general and permanent laws relating to the senate

    [[Page 1080]]

                          TITLE 42.--THE PUBLIC HEALTH AND WELFARE

                    Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
                                        DISABILITIES

                                        * * * * * * *

          1575  Sec. 12209. Instrumentalities of Congress.
                    The Government Accountability 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 Government Accountability
                                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.

                                (7) Construction.

    [[Page 1081]]

                                    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; Pub.L. 108-271, Sec. 8(b), July
                                7, 2004, 118 Stat. 814.)
                          44 u.s.c.--public printing and documents

                      general and permanent laws relating to the senate

    [[Page 1082]]

                          TITLE 44.--PUBLIC PRINTING AND DOCUMENTS

                           Chapter 1.--JOINT COMMITTEE ON PRINTING

          1600  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                1238; Pub.L. 97-4, Feb. 17, 1981, 95 Stat. 6; Pub.L. 104-
                186, Title II, Sec. 223(1), Aug. 20, 1996, 110 Stat. 1751.)
          1601  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1238.)
          1602  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. (Pub.L. 90-620,
                Oct. 2, 1968, 82 Stat. 1239.)

                           Chapter 3.--GOVERNMENT PRINTING OFFICE

          1603  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1239;
                Pub.L. 92-310, Sec. 210(a) (1), (2), June 6, 1972, 86 Stat.
                204.)
          1604  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 1083]]

                Office, and perform any other duties required of him by the
                Public Printer. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                1239.)
          1605  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 II of the
                Executive Schedule under 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
                III of such Executive Schedule. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1239; Pub.L. 94-82, Sec. 204(c)(1), Aug. 9,
                1975, 89 Stat. 421; Pub.L. 101-520, Title II, Sec. 209, Nov.
                5, 1990, 104 Stat. 2274; Pub.L. 108-83, Title I, Sec. 1301,
                Sept. 30, 2003, 117 Stat. 1033.)
          1606  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1239.)
          1607  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. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1240; Pub.L. 91-167, Dec. 26, 1969, 83 Stat.
                453; Pub.L. 91-369, July 31, 1970, 84 Stat. 693.)

    [[Page 1084]]

                   Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND
                                          BINDING

          1608  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. (Pub.L. 90-620,
                Oct. 22, 1968, 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.)
          1609  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. (Pub.L. 90-620, Oct. 22, 1968, 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.)
          1610  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)
          1611  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. (Pub.L. 90-620, Oct. 22, 1968,
                82 Stat. 1244.)
          1612  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1244.)

    [[Page 1085]]

                       Chapter 7.--CONGRESSIONAL PRINTING AND BINDING

          1613  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 1602), 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 1086]]

                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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1246.)
                Cross Reference
                    Distribution of Government publications to Library of
                Congress, see section 1718 of this title (Senate Manual
                section 1668).
          1614  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. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1247.)
          1615  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1247;
                Pub.L. 104-186, Title II, Sec. 223(2), Aug. 20, 1996, 110
                Stat. 1751.)
          1616  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 1087]]

                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. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1248.)
          1617  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1248.)
          1618  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 1613.
                                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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                            1248.)
          1619  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 1088]]

                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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1248.)
          1620  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. (Pub.L. 90-620, Oct 22, 1968, 82 Stat.
                1249.)
          1621  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. (Pub.L. 90-620, Oct
                22, 1968, 82 Stat. 1249.)
          1622  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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1249; Pub.L. 98-497,
                Title I, Sec. 107(b)(1), Oct. 19, 1984, 98 Stat. 2286.)
          1623  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 1613.
                                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. (Pub.L. 90-
                620, Oct. 22, 1968, 82 Stat. 1249; Pub.L. 97-164, Sec. 158,
                Apr. 2, 1982, 96 Stat. 47.)

    [[Page 1089]]

          1624  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. (Pub.L.
                90-620, Oct. 22, 1968, 82 Stat. 1250.)
          1625  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. (Pub.L. 90-620, Oct. 22, 1968, 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 1613, 1668, and 1669).
          1626  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1250.)
          1627  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1250.)
          1628  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                1250.)

    [[Page 1090]]

          1629  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. (Pub.L. 90-620, Oct.
                22, 1968, 82 Stat. 1250.)
          1630  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251.)
          1631  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 1613.
                    (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 1091]]

                for sale under section 722 may be bound in cloth. (Pub.L.
                90-620, Oct. 22, 1968, 82 Stat. 1251; Pub.L. 95-94,
                Sec. 404, Aug. 5, 1977, 91 Stat. 682.)
          1632  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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251.)
          1633  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 1613. 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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1251;
                Pub.L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959.)

    [[Page 1092]]

          1634  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1252.)
          1635  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1252.)
          1636  Sec. 726. Printing for committees of 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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                1252.)
                    \1\ See footnote to Senate Manual section 1613.
          1637  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1252.)
          1638  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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1252.)
          1639  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 1093]]

                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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1253; Pub.L. 104-
                186, Title II, Sec. 223(3), Aug. 20, 1996, 110 Stat. 1751.)
          1640  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1253.)
          1641  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. (Pub.L. 90-
                620, Oct. 22, 1968, 82 Stat. 1253.)
          1642  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 1094]]

                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, 1985, 99
                Stat. 291.)
          1643  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1254.)
          1644  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. (Pub.L. 90-620, Oct.
                22, 1968, 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 1602).
                    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.''.
          1645  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 1095]]

                application of a Member of Congress, and payment of the
                actual cost of binding. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1254.)
          1646  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. (Pub.L. 90-620, Oct. 22, 1968, 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 1602).
          1647  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. (Pub.L. 90-620, Oct. 22, 1968,
                82 Stat. 1254.)
          1648  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1254; Pub.L. 104-186, Title II,
                Sec. 223(5), Aug. 20, 1996, 110 Stat. 1751.)
          1649  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. (Pub.L.
                90-620, Oct. 22, 1968, 82 Stat. 1255; Pub.L. 104-186, Title
                II, Sec. 223(6), Aug. 20, 1996, 110 Stat. 1751.)
          1650  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 1096]]

                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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1255.)

                              Chapter 9.--CONGRESSIONAL RECORD

          1651  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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1255.)
          1652  Sec. 902. Congressional Record: indexes.
                    The Public Printer shall prepare the semimonthly and the
                session index to the Congressional Record. The Joint
                Committee on Printing shall direct the form and manner of
                its publication and distribution. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1256; Pub.L. 108-102, Sec. 1(a), Oct. 29,
                2003, 117 Stat. 1198.)
          1653  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1256.)
          1654  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1256.)

    [[Page 1097]]

          1655  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1256.)
          1656  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 1098]]

                            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 1099]]

                                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 1100]]

                                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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1256; Pub.L. 91-276, June 12, 1970, 84 Stat. 303;
                Pub.L. 92-373, Aug. 10, 1972, 86 Stat. 528; Pub.L. 93-314,
                Sec. 1(b), June 8, 1974, 88 Stat. 239; Pub.L. 95-94,
                Sec. 407(a), Aug. 5, 1977, 91 Stat. 683; Pub.L. 96-417,
                Title VI, Sec. 601(11), Oct. 10, 1980, 94 Stat. 1744; Pub.L.
                97-164, Sec. 164(2), Apr. 2, 1982, 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),
                Nov. 11, 1998, 112 Stat. 3342.)
          1657  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 1101]]

                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. (Pub.L. 90-
                620, Oct. 22, 1968, 82 Stat. 1259; Pub.L. 93-191, Sec. 8(b),
                Dec. 18, 1973, 87 Stat. 745; Pub.L. 93-255, Sec. 2(c), Mar.
                27, 1974, 88 Stat. 52.)
          1658  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1260; Pub.L. 104-186, Title II,
                Sec. 223(8), Aug. 20, 1996, 110 Stat. 1752.)
          1659  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. (Pub.L. 90-620,
                Oct. 22, 1968, 82 Stat. 1260; Pub.L. 93-314, Sec. 1(a), June
                8, 1974, 88 Stat. 239.)

    [[Page 1102]]

                  Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING

          1660  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. (Pub.L. 90-620, Oct.
                22, 1968, 82 Stat. 1261.)

                        Chapter 13.--PARTICULAR REPORTS AND DOCUMENTS

          1661  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.)
          1662  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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1270.)
          1663  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 1103]]

                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 1613.
                    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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1272.)

                   Chapter 17.--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS

          1664  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. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1279.)
          1665  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1279.)
          1666  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. (Pub.L. 90-620, Oct. 22, 1968,
                82 Stat. 1280.)
          1667  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 1104]]

                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. (Pub.L. 90-620, Oct. 22,
                1968, 82 Stat. 1281.)
          1668  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 1613.
                                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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                            1282; Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982,
                            96 Stat. 1189.)
          1669  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat.
                1282; Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 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 11, 1987, Pub.L. 100-71,
                Title I, 101 Stat. 425.)

    [[Page 1105]]

                           Chapter 19.--DEPOSITORY LIBRARY PROGRAM

          1670  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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1283.)
          1671  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. (Pub.L.
                90-620, Oct. 22, 1968, 82 Stat. 1283.)
          1672  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. (Pub.L. 90-620, Oct. 22, 1968,
                82 Stat. 1283.)

    [[Page 1106]]

          1673  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. (Pub.L. 90-620, Oct. 22, 1968,
                82 Stat. 1284.)
          1674  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1284.)
          1675  Sec. 1906. Land-grant colleges constituted depositories.
                    Land-grant colleges are constituted depositories to
                receive Government publications subject to the depository
                laws. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1284.)

    [[Page 1107]]

          1676  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. (Pub.L.
                90-620, Oct. 22, 1968, 82 Stat. 1285.)
          1677  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. (Pub.L. 90-620, Oct. 22, 1968, 82
                Stat. 1286.)
          1678  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 1108]]

                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. (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1286.)
          1679  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.
                (Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1287.)
          1680  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. (Pub.L. 92-368, Aug. 10, 1972,
                Sec. 1(a), 86 Stat. 507.)
          1681  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. (Pub.L. 95-261, Sec. 1,
                April 17, 1978, 92 Stat. 199.)

                  Chapter 21.--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

          1682  Sec. 2112. Presidential archival depository.
                    (a)(1) When the Archivist considers it to be in the
                public interest, the Archivist may--

    [[Page 1109]]

                                (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.
                    (4) Prior to accepting any gift under subparagraph (C)
                of paragraph (1) for the purpose of making any physical or
                material change or addition to a Presidential archival
                depository, or prior to implementing any provision of law
                requiring the making of such a change or addition, the
                Archivist shall submit a report in writing on the proposed
                change or addition to the President of the Senate and the
                Speaker of the House of Representatives. The report shall
                include--
                                (A) a description of such gift;
                                (B) a statement specifying the estimated
                            total cost of the proposed physical or material
                            change or addition and the amount of the deposit
                            in an endowment for the depository required
                            pursuant to subsection (g) of this section in
                            order to meet the cost of such change or
                            addition;
                                (C) a statement of the purpose of the
                            proposed change or addition and a general
                            description of any papers, documents, or
                            historical materials proposed to be deposited in
                            the depository as a result of such change or
                            addition;

    [[Page 1110]]

                                (D) a statement of any additional
                            improvements or equipment for the depository
                            associated with such change or addition;
                                (E) an estimate of the increase in the total
                            annual cost to the United States of maintaining,
                            operating, and protecting the depository that
                            will result from such change or addition; and
                                (F) a certification that the depository, and
                            the equipment therein will, after such change or
                            addition, comply with the standards promulgated
                            by the Archivist pursuant to paragraph (2) of
                            this subsection.
                    (5) The Archivist may not--
                                (A) accept or take title to land, a
                            facility, or equipment under subparagraph (A) of
                            paragraph (1) for the purpose of creating a
                            Presidential archival depository;
                                (B) enter into any agreement under
                            subparagraph (B) of such paragraph or any other
                            agreement to accept or establish a Presidential
                            archival depository; or
                                (C) accept any gift under subparagraph (C)
                            of such paragraph for the purpose of making any
                            physical or material change to a Presidential
                            archival depository, until the expiration of a
                            period of 60 days of continuous session of
                            Congress beginning on the date on which the
                            Archivist transmits the report required under
                            paragraph (3) of this subsection with respect to
                            such Presidential archival depository or the
                            report required under paragraph (4) of this
                            subsection with respect to such change or
                            addition, as the case may be.
                    (b) When the Archivist considers it to be in the public
                interest, he may deposit in a Presidential archival
                depository papers, documents, or other historical materials
                accepted under section 2111 of this title, or Federal
                records appropriate for preservation.
                    (c) When the Archivist considers it to be in the public
                interest, he may exercise, with respect to papers,
                documents, or other historical materials deposited under
                this section, or otherwise, in a Presidential archival
                depository, all the functions and responsibilities otherwise
                vested in him pertaining to Federal records or other
                documentary materials in his custody or under his control.
                The Archivist, in negotiating for the deposit of
                Presidential historical materials, shall take steps to
                secure to the Government, as far as possible, the right to
                have continuous and permanent possession of the materials.
                Papers, documents, or other historical materials accepted
                and deposited under section 2111 of this title and this
                section are subject to restrictions as to their availability
                and use stated in writing by the donors or depositors,
                including the restriction that they shall be kept in a
                Presidential archival depository. The restrictions shall be
                respected for the period stated, or until revoked or
                terminated by the donors or depositors or by persons legally
                qualified to act on their behalf. Subject to the
                restrictions, the Archivist may dispose by sale, exchange,
                or otherwise, of papers, documents, or other materials which
                the Archivist determines to have no permanent value or
                historical interest or to be surplus to the needs of a
                Presidential archival depository. Only the first two
                sentences of this subsection shall apply to Presidential
                records as defined in section 2201(2) of this title.
                    (d) When the Archivist considers it to be in the public
                interest, he may cooperate with and assist a university,
                institution of higher learning, institute, foundation, or
                other organization or qualified individual

    [[Page 1111]]

                to further or to conduct study or research in historical
                materials deposited in a Presidential archival depository.
                    (e) When the Archivist considers it to be in the public
                interest, he may charge and collect reasonable fees for the
                privilege of visiting and viewing exhibit rooms or museum
                space or for the occasional, non-official use of rooms and
                spaces (and services related to such use), in a Presidential
                archival depository.
                    (f) When the Archivist considers it to be in the public
                interest, he may provide reasonable office space in a
                Presidential archival depository for the personal use of a
                former President of the United States.
                    (g)(1) When the Archivist considers it to be in the
                public interest, the Archivist may solicit and accept gifts
                or bequests of money or other property for the purpose of
                maintaining, operating, protecting, or improving a
                Presidential archival depository. The proceeds of gifts or
                bequests, together with the proceeds from fees or from sales
                of historical materials, copies or reproductions, catalogs,
                or other items, having to do with a Presidential archival
                depository, shall be paid into an account in the National
                Archives Trust Fund and shall be held, administered, and
                expended for the benefit and in the interest of the
                Presidential archival depository in connection with which
                they were received, and for the same purposes and objects,
                including custodial and administrative services for which
                appropriations for the maintenance, operation, protection,
                or improvement of Presidential archival depositories might
                be expended.
                    (2) The Archivist shall provide for the establishment in
                such Trust Fund of separate endowments for the maintenance
                of the land, facility, and equipment of each Presidential
                archival depository, to which shall be credited any gifts or
                bequests received under paragraph (1) that are offered for
                that purpose. Income to each such endowment shall be
                available to cover the cost of facility operations, but
                shall not be available for the performance of archival
                functions under this title.
                    (3) The Archivist shall not accept or take title to any
                land, facility, or equipment under subparagraph (A) of
                subsection (a)(1), or enter into any agreement to use any
                land, facility, or equipment under subparagraph (B) of such
                subsection for the purpose of creating a Presidential
                archival depository, unless the Archivist determines that
                there is available, by gift or bequest for deposit under
                paragraph (2) of this subsection in an endowment with
                respect to such depository, an amount for the purpose of
                maintaining such land, facility, and equipment equal to--
                                (A) the product of--

                                    (i) the total cost of acquiring or
                                constructing such facility and of acquiring
                                and installing such equipment, multiplied by

                                    (ii) 20 percent; plus

                                (B)(i) if title to the land is to be vested
                            in the United States, the product of--

                                    (I) the total cost of acquiring the land
                                upon which such facility is located, or such
                                other measure of the value of such land as
                                is mutually agreed upon by the Archivist and
                                the donor, multiplied by

                                    (II) 20 percent; or

                                (ii) if title to the land is not to be
                            vested in the United States, the product of--

    [[Page 1112]]

                                    (I) the total cost to the donor of any
                                improvements to the land upon which such
                                facility is located (other than such
                                facility and equipment), multiplied by

                                    (II) 20 percent; plus

                                (C) if the Presidential archival depository
                            will exceed 70,000 square feet in area, an
                            amount equal to the product of--

                                    (i) the sum of--

                                            (I) the total cost described in
                                        clause (i) of subparagraph (A); plus

                                            (II) the total cost described in
                                        subclause (I) or (II) of
                                        subparagraph (B)(i), as the case may
                                        be, multiplied by

                                    (ii) the percentage obtained by dividing
                                the number of square feet by which such
                                depository will exceed 70,000 square feet by
                                70,000.

                    (4) If a proposed physical or material change or
                addition to a Presidential archival depository would result
                in an increase in the costs of facility operations, the
                Archivist may not accept any gift under subparagraph (C) of
                paragraph (1) for the purpose of making such a change or
                addition, or may not implement any provision of law
                requiring the making of such a change or addition, unless
                the Archivist determines that there is available, by gift or
                bequest for deposit under paragraph (2) of this subsection
                in an endowment with respect to such depository, an amount
                for the purpose of maintaining the land, facility, and
                equipment of such depository equal to the difference
                between--
                                (A) the amount which, pursuant to paragraph
                            (3) of this subsection, would have been required
                            to have been available for deposit in such
                            endowment with respect to such depository if
                            such change or addition had been included in
                            such depository on--

                                    (i) the date on which the Archivist took
                                title to the land, facility, and equipment
                                for such depository under subparagraph (A)
                                of subsection (a)(1); or

                                    (ii) the date on which the Archivist
                                entered into an agreement for the creation
                                of such depository under subparagraph (B) of
                                such paragraph, as the case may be; minus

                                (B) the amount which, pursuant to paragraph
                            (3) of this subsection, was required to be
                            available for deposit in such endowment with
                            respect to such depository on the date the
                            Archivist took such title or entered into such
                            agreement, as the case may be.
                    (5)(A) Notwithstanding paragraphs (3) and (4) (to the
                extent that such paragraphs are inconsistent with this
                paragraph), this subsection shall be administered in
                accordance with this paragraph with respect to any
                Presidential archival depository created as a depository for
                the papers, documents, and other historical materials and
                Presidential records pertaining to any President who takes
                the oath of office as President for the first time on or
                after July 1, 2002.
                    (B) For purposes of subparagraphs (A)(ii), (B)(i)(II),
                and (B)(ii)(II) of paragraph (3) the percentage of 40
                percent shall apply instead of 20 percent.
                    (C)(i) In this subparagraph, the term ``base endowment
                amount'' means the amount of the endowment required under
                paragraph (3).
                    (ii)(I) The Archivist may give credits against the base
                endowment amount if the Archivist determines that the
                proposed Presidential archival depository will have
                construction features or equipment that are

    [[Page 1113]]

                expected to result in quantifiable long-term savings to the
                Government with respect to the cost of facility operations.
                    (II) The features and equipment described under
                subclause (I) shall comply with the standards promulgated by
                the Archivist under subsection (a)(2).
                    (III) The Archivist shall promulgate standards to be
                used in calculating the dollar amount of any credit to be
                given, and shall consult with all donors of the endowment
                before giving any credits. The total dollar amount of
                credits given under this paragraph may not exceed 20 percent
                of the base endowment amount.
                    (D)(i) In calculating the additional endowment amount
                required under paragraph (4), the Archivist shall take into
                account credits given under subparagraph (C), and may also
                give credits against the additional endowment amount
                required under paragraph (4), if the Archivist determines
                that construction features or equipment used in making or
                equipping the physical or material change or addition are
                expected to result in quantifiable long-term savings to the
                Government with respect to the cost of facility operations.
                    (ii) The features and equipment described under clause
                (i) shall comply with the standards promulgated by the
                Archivist under subsection (a)(2).
                    (iii) The Archivist shall promulgate standards to be
                used in calculating the dollar amount of any credit to be
                given, and shall consult with all donors of the endowment
                before giving any credits. The total dollar amount of
                credits given under this paragraph may not exceed 20 percent
                of the additional endowment amount required under paragraph
                (4). (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; Pub.L. 108-7, Div. J, Title V, Sec. 513, Feb. 20, 2003,
                117 Stat. 462; Pub.L. 108-383, Sec. 4(a), Oct. 30, 2004, 118
                Stat. 2218.)
          1683  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 135.

                              Chapter 33.--DISPOSAL OF RECORDS

          1684  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

    [[Page 1114]]

                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.
                    (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. 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;
                Pub.L. 108-383, Sec. 2(b), Oct. 30, 2004, 118 Stat. 2218.)

    [[Page 1115]]

                   Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY

                          Subchapter I.--Federal Information Policy

          1685  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
                                section 11332 of title 40; and

                                    (C) access to information, including
                                section 552 of title 5;

                                (9) ensure the integrity, quality, and
                            utility of the Federal statistical system;
                                (10) ensure that information technology is
                            acquired, used, and managed to improve
                            performance of agency missions, including the
                            reduction of information collection burdens on
                            the public; and
                                (11) improve the responsibility and
                            accountability of the Office of Management and
                            Budget and all other Federal agencies to
                            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; Pub.L. 99-591, Title VIII,

    [[Page 1116]]

                            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; Pub.L. 107-217, Sec. 3(l)(3), Aug. 21,
                            2002, 116 Stat. 1301.)
          1686  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.)
          1687  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 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--

    [[Page 1117]]

                                            (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.
                    (c) Inventory of Major Information Systems.--(1) The
                head of each agency shall develop and maintain an inventory
                of major information systems (including major national
                security systems) operated by or under the control of such
                agency;
                    (2) The identification of information systems in an
                inventory under this subsection shall include an
                identification of the interfaces between each such system
                and all other systems or networks, including those not
                operated by or under the control of the agency;
                    (3) Such inventory shall be--
                                (A) updated at least annually;
                                (B) made available to the Comptroller
                            General; and
                                (C) used to support information resources
                            management, including--

                                    (i) preparation and maintenance of the
                                inventory of information resources under
                                section 3506(b)(4);

                                    (ii) information technology planning,
                                budgeting, acquisition, and management under
                                section 3506(h), subtitle III of title 40,
                                and related laws and guidance;

                                    (iii) monitoring, testing, and
                                evaluation of information security controls
                                under subchapter II;

                                    (iv) preparation of the index of major
                                information systems required under section
                                552(g) of title 5, United States Code; and

                                    (v) preparation of information system
                                inventories required for records management
                                under chapters 21, 29, 31, and 33.

                    (4) The Director shall issue guidance for and oversee
                the implementation of the requirements of this subsection.
                (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; Pub.L. 107-296, Sec. 1005(c)(2), Nov. 25,
                2002, 116 Stat. 2272; Pub.L. 107-347, Sec. 305(c)(2), Dec.
                17, 2002, 116 Stat. 2961.)

    [[Page 1118]]

          1688  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;

                                (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.)