    [United States Senate Manual, 112th Congress]
    [S. Doc. 112-1]
    [USCODETITLE]
    [Pages 285-817]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[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

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                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

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                                (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

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                $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

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                            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

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                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.)

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           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.

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                (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.)

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           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.

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                    (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