[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

[[Page 286]]

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

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

[[Page 287]]

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

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

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

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

                                (C) the date the objection was filed.

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

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

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

            
                 Chapter 3.--COMPENSATION AND ALLOWANCES OF MEMBERS

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

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

                (2)(A) Subject to subparagraph (B), effective at the 
            beginning of the first applicable pay period commencing on 
            or after the first day of the month in which an adjustment 
            takes effect under section 5303 of Title 5 in the rates of 
            pay under the General Schedule, each annual rate referred to 
            in paragraph (1) shall be adjusted by an amount, rounded to 
            the nearest multiple of $100 (or if midway between multiples 
            of

[[Page 288]]

            $100, to the next higher multiple of $100), equal to the 
            percentage of such annual rate which corresponds to the most 
            recent percentage change in the ECI (relative to the date 
            described in the next sentence), as determined under section 
            704(a)(1) of the Ethics Reform Act of 1989. The appropriate 
            date under this sentence is the first day of the fiscal year 
            in which such adjustment in the rates of pay under the 
            General Schedule takes effect.
                (B) In no event shall the percentage adjustment taking 
            effect under subparagraph (A) in any calendar year (before 
            rounding), in any rate of pay, exceed the percentage 
            adjustment taking effect in such calendar year under section 
            5303 of Title 5 in the rates of pay under the General 
            Schedule. (Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301; May 
            17, 1932, ch. 190, 47 Stat. 158; Aug. 2, 1946, ch. 753, 
            Title VI, Sec. 601(a), 60 Stat. 850; Jan. 19, 1949, ch. 2, 
            Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9, Sec. 4(a), 69 
            Stat. 11; Aug. 14, 1964, Pub.L. 88-426, Title II, Sec. 204, 
            78 Stat. 415; Oct. 29, 1965, Pub.L. 89-301, Sec. 11(e), 79 
            Stat. 1120; Dec. 16, 1967, Pub.L. 90-206, Title II, 
            Sec. 225(h), 81 Stat. 644; Sept. 15, 1969, Pub.L. 91-67, 
            Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub.L. 94-82, Title II, 
            Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub.L. 101-194, 
            Title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov. 5, 1990, 
            Pub.L. 101-509, Title I, Sec. 101(b)(4)(D), 104 Stat. 1439; 
            Oct. 13, 1994, Pub.L. 103-356, Sec. 101, 108 Stat. 3410.)
       307  Sec. 31-1. Repealed (Aug. 14, 1991, Pub.L. 102-90, 
                Sec. 6(c), Honoraria prohibited Title V, Ethics in 
                Government Act of 1978 (5 U.S.C. App)).
       308

  

            Sec. 31-2. Gifts and travel.
            (a) Gifts
                (1) No Member, officer, or employee of the Senate, or 
            the spouse or dependent thereof, shall knowingly accept, 
            directly or indirectly, any gift or gifts in any calendar 
            year aggregating more than the minimal value as established 
            by section 7342(a)(5) of Title 5 or $250, whichever is 
            greater from any person, organization, or corporation 
            unless, in an unusual case, a waiver is granted by the 
            Select Committee on Ethics.
                (2) The prohibitions of this subsection do not apply to 
            gifts--
                            (A) from relatives;
                            (B) with a value of $100 or less, as 
                        adjusted under section 102(a)(2)(A) of the 
                        Ethics in Government Act of 1978; or
                            (C) of personal hospitality of an 
                        individual.
                (3) For purposes of this subsection--
                            (A) the term ``gift'' means a payment, 
                        subscription, advance, forbearance, rendering, 
                        or deposit of money, services, or anything of 
                        value, including food, lodging, transportation, 
                        or entertainment, and reimbursement for other 
                        than necessary expenses, unless consideration of 
                        equal or greater value is received, but does not 
                        include (1) a political contribution otherwise 
                        reported as required by law, (2) a loan made in 
                        a commercially reasonable manner (including 
                        requirements that the loan be repaid and that a 
                        reasonable rate of interest be paid), (3) a 
                        bequest, inheritance, or other transfer at 
                        death, (4) a bona fide award presented in 
                        recognition of public service and available to 
                        the general public, (5) a reception at which the 
                        Member, officer, or employee is to be honored, 
                        provided such individual receives no other gifts 
                        that exceed the restrictions in this rule, other 
                        than a suitable memento, (6) meals or beverages 
                        consumed or enjoyed, provided the meals or 
                        beverages are not con

[[Page 289]]

                        sumed or enjoyed in connection with a gift of 
                        overnight lodging, or (7) anything of value 
                        given to a spouse or dependent of a reporting 
                        individual by the employer of such spouse or 
                        dependent in recognition of the service provided 
                        by such spouse or dependent; and
                            (B) the term ``relative'' has the same 
                        meaning given to such term in section 107(2) of 
                        Title I of the Ethics in Government Act of 1978 
                        (Pub.L. 95-521).
                (4) If a Member, officer, or employee, after exercising 
            reasonable diligence to obtain the information necessary to 
            comply with this rule, unknowingly accepts a gift described 
            in paragraph (1) such Member, officer, or employee shall, 
            upon learning of the nature of the gift and its source, 
            return the gift or, if it is not possible to return the 
            gift, reimburse the donor for the value of the gift.
                (5)(A) Notwithstanding the provisions of this 
            subsection, a Member, officer, or employee of the Senate may 
            participate in a program, the principal objective of which 
            is educational, sponsored by a foreign government or a 
            foreign educational or charitable organization involving 
            travel to a foreign country paid for by that foreign 
            government or organization if such participation is not in 
            violation of any law and if the Select Committee on Ethics 
            has determined that participation in such program by 
            Members, officers, or employees of the Senate is in the 
            interests of the Senate and the United States.
                (B) Any Member who accepts an invitation to participate 
            in any such program shall notify the Select Committee in 
            writing of his acceptance. A Member shall also notify the 
            Select Committee in writing whenever he has permitted any 
            officer or employee whom he supervises to participate in any 
            such program. The chairman of the Select Committee shall 
            place in the Congressional Record a list of all individuals, 
            participating, the supervisors of such individuals where 
            applicable, and the nature and itinerary of such program.
                (C) No Member, officer, or employee may accept funds in 
            connection with participation in a program permitted under 
            subparagraph (A) if such funds are not used for necessary 
            food, lodging, transportation, and related expenses of the 
            Member, officer, or employee.
            (b) Limits on domestic and foreign travel by Members and 
                staff of Senate
                The term ``necessary expenses'', with respect to limits 
            on domestic and foreign travel by Members and staff of the 
            Senate, means reasonable expenses for food, lodging, or 
            transportation which are incurred by a Member, officer, or 
            employee of the Senate in connection with services provided 
            to (or participation in an event sponsored by) the 
            organization which provides reimbursement for such expenses 
            or which provides the food, lodging, or transportation 
            directly. Necessary expenses do not include the provision of 
            food, lodging, or transportation, or the payment for such 
            expenses, for a continuous period in excess of 3 days 
            exclusive of travel time within the United States or 7 days 
            exclusive of travel time outside of the United States unless 
            such travel is approved by the Committee on Ethics as 
            necessary for participation in a conference, seminar, 
            meeting or similar matter. Necessary expenses do not include 
            the provision of food, lodging, or transportation, or the 
            payment for such expenses, for anyone accompanying a Member, 
            officer, or employee of the Senate, other than the spouse or 
            child of such Member, officer, or employee of the Senate or 
            one Senate employee acting as an aide

[[Page 290]]

            to a Member. (Pub.L. 101-194, Title IX, Sec. 901, Nov. 30, 
            1989, 103 Stat. 1778; Pub.L. 101-280, Sec. 8, May 4, 1990, 
            104 Stat. 162; Pub.L. 102-90, Title III Sec. 314(c), Aug. 
            14, 1991, 105 Stat. 470.)
       309  Sec. 31-3. Registered lobbyist participation in travel; 
                guidelines.
            (1) In general
                Except as provided in paragraph (4) and not later than 
            60 days after September 14, 2007, and at annual intervals 
            thereafter, the Select Committee on Ethics shall develop and 
            revise, as necessary--
                            (A) guidelines, for purposes of implementing 
                        the amendments made by subsection (a), on 
                        evaluating a trip proposal and judging the 
                        reasonableness of an expense or expenditure, 
                        including guidelines related to evaluating--

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

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

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

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

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

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

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

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

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

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

[[Page 291]]


       310  Sec. 31a-1. Expense allowance of Majority and Minority 
                Leaders of Senate; expense allowance of Majority and 
                Minority Whips; methods of payment; taxability.
                Effective fiscal year 1978 and each fiscal year 
            thereafter, the expense allowances of the Majority and 
            Minority Leaders of the Senate are increased to $40,000 each 
            fiscal year for each leader: Provided, That, effective with 
            the fiscal year 1983 and each fiscal year thereafter, the 
            expense allowance of the Majority and Minority Whips of the 
            Senate shall not exceed $10,000 each fiscal year for each 
            Whip: Provided further, That, during the period beginning on 
            January 3, 1977, and ending September 30, 1977, and during 
            each fiscal year thereafter, the Vice President, the 
            Majority Leader, the Minority Leader, the Majority Whip, and 
            the Minority Whip may receive the expense allowance (a) as 
            reimbursement for actual expenses incurred upon 
            certification and documentation of such expenses by the Vice 
            President, the respective Leader or the respective Whip, or 
            (b) in equal monthly payments: Provided further, That 
            effective January 3, 1977, the amounts paid to the Vice 
            President, the Majority or Minority Leader of the Senate, or 
            the Majority or Minority Whip of the Senate as reimbursement 
            of actual expenses incurred upon certification and 
            documentation pursuant to the second proviso of this section 
            shall not be reported as income, and the expenses so 
            reimbursed shall not be allowed as a deduction, under Title 
            26. (Pub.L. 95-26, Title I, Sec. 100, May 4, 1977, 91 Stat. 
            79; Pub.L. 95-94, Title I, Sec. 109, Aug. 5, 1977, 91 Stat. 
            661; Pub.L. 95-355, Title I, Sept. 8, 1978, 92 Stat. 532; 
            Pub.L. 98-63, Title I, Sec. 101, July 30, 1983, 97 Stat. 
            333; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
            Pub.L. 108-7, Div. H, Title I, Sec. 1(b)(1), (c), Feb. 20, 
            2003, 117 Stat. 349; Pub.L. 108-447, Div. G., Title I, 
            Sec. 13(a)(1), Dec. 8, 2004, 118 Stat. 3171.)
       311  Sec. 31a-2. Representation Allowance Account for the 
                Majority and Minority Leaders of Senate.
            (a) Establishment; purpose
                There is hereby established an account, within the 
            Senate, to be known as the ``Representation Allowance 
            Account for the Majority and Minority Leaders''. Such 
            Allowance Account shall be used by the Majority and Minority 
            Leaders of the Senate to assist them properly to discharge 
            their appropriate responsibilities in the United States to 
            members of foreign legislative bodies and prominent 
            officials of foreign governments and intergovernmental 
            organizations.
            (b) Payments; allotment; reimbursement for actual expenses; 
                taxability
                Payments authorized to be made under this section shall 
            be paid by the Secretary of the Senate. Of the funds 
            available for expenditure from such Allowance Account for 
            any fiscal year, one-half shall be allotted to the Majority 
            Leader and one-half shall be allotted to the Minority 
            Leader. Amounts paid from such Allowance Account to the 
            Majority or Minority Leader shall be paid to him from his 
            allotment and shall be paid to him only as reimbursement for 
            actual expenses incurred by him and upon certification and 
            documentation of such expenses. Amounts paid to the Majority 
            or Minority Leader pursuant to this section shall not be 
            reported as income and shall not be allowed as a deduction 
            under Title 26.

[[Page 292]]

            (c) Authorization of appropriations
                There are authorized to be appropriated for each fiscal 
            year (commencing with the fiscal year ending September 30, 
            1985) not more than $20,000 to the Allowance Account 
            established by this section. (Pub.L. 99-88, Title I, 
            Sec. 197, Aug. 15, 1985, 99 Stat. 350.)
       312  Sec. 31a-2a. Transfer of funds from representation allowance 
                of Majority and Minority Leaders of Senate to expense 
                allowance; availability; definitions.
                (a) The Secretary of the Senate shall, upon the written 
            request of the Majority or Minority Leader of the Senate, 
            transfer from any available funds in such Leader's allotment 
            in the Leader's Representation Allowance (as defined in 
            subsection (b)(1) of this section) for any fiscal year 
            (commencing with the fiscal year ending September 30, 1985) 
            to such Leader's Expense Allowance (as defined in subsection 
            (b)(2) of this section) to such year such amount as is 
            specified in the request. Any funds so transferred for any 
            fiscal year at the request of either such Leader shall be 
            available to such Leader for such year for the same purposes 
            as, and in like manner and subject to the same conditions 
            as, are other funds which are available to him for such year 
            as his expense allowance as Majority or Minority Leader.
                (b)(1) The term ``Leader's Representation Allowance'' 
            means the Representation Allowance Account for the Majority 
            and Minority Leaders established by section 31a-2 of this 
            title.
                (2) The term ``Leader's Expense Allowance'', when used 
            in reference to the Majority or Minority Leader of the 
            Senate, refers to the moneys available, for any fiscal year, 
            to such Leader as an expense allowance and the appropriation 
            account from which such moneys are funded. (Pub.L. 100-71, 
            Title I, Sec. 1, July 11, 1987, 101 Stat. 422.)
       313  Sec. 31a-2b. Transfer of funds from appropriations account 
                of Majority and Minority Leaders of Senate to 
                appropriations account for ``Miscellaneous Items'' 
                within Senate contingent fund.
            Requests for transfers
                (a) Upon the written request of the Majority or Minority 
            Leader of the Senate, the Secretary of the Senate shall 
            transfer during any fiscal year, from the appropriations 
            account appropriated under the headings ``Salaries, Officers 
            and Employees'' and ``Offices of the Majority and Minority 
            Leaders'', such amount as either Leader shall specify to the 
            appropriations account, within the contingent fund of the 
            Senate, ``Miscellaneous Items''.
            Authority to incur expenses
                (b) The Majority and Minority Leaders of the Senate are 
            each authorized to incur such expenses as may be necessary 
            or appropriate. Expenses incurred by either such leader 
            shall be paid from the amount transferred pursuant to 
            subsection (a) of this section by such leader and upon 
            vouchers approved by such leader.
            Authority to advance sums
                (c) The Secretary of the Senate is authorized to advance 
            such sums as may be necessary to defray expenses incurred in 
            carrying out subsections (a) and (b) of this section. 
            (Pub.L. 102-27, Title II, Apr. 10, 1991, 105 Stat. 144.)

[[Page 293]]


       314  Sec. 31a-2c. Transfer of funds from appropriations account 
                of Majority and Minority Whips of Senate to 
                appropriations account for ``Miscellaneous Items'' 
                within Senate contingent fund.
                (a) Upon the written request of the Majority or Minority 
            Whip of the Senate, the Secretary of the Senate shall 
            transfer during any fiscal year, from the appropriations 
            account appropriated under the headings ``Salaries, officers 
            and employees'' and ``Offices of the Majority and Minority 
            Whips'', such amount as either whip shall specify to the 
            appropriations account, within the contingent fund of the 
            Senate, ``Miscellaneous items''.
                (b) The Majority and Minority Whips of the Senate are 
            each authorized to incur such expenses as may be necessary 
            or appropriate. Expenses incurred by either such whip shall 
            be paid from the amount transferred pursuant to subsection 
            (a) of this section by such whip and upon vouchers approved 
            by such whip.
                (c) The Secretary of the Senate is authorized to advance 
            such sums as may be necessary to defray expenses incurred in 
            carrying out subsections (a) and (b) of this section. 
            (Pub.L. 105-55, Title I, Sec. 2, Oct. 7, 1997, 111 Stat. 
            1180.)
       315  Sec. 31a-2d. Transfer of funds from appropriations account 
                of the Office of the Vice President and the Offices of 
                Secretaries for the Majority and Minority to the Senate 
                contingent fund.
              
            (a) Office of the Vice President
                (1) In general
                            Upon the written request of the Vice 
                        President, the Secretary of the Senate shall 
                        transfer from the appropriations account 
                        appropriated under the subheading ``OFFICE OF 
                        THE VICE PRESIDENT'' under the heading 
                        ``SALARIES, OFFICERS AND EMPLOYEES'' such amount 
                        as the Vice President shall specify to the 
                        appropriations account under the heading 
                        ``MISCELLANEOUS ITEMS'' within the contingent 
                        fund of the Senate.
                (2) Authority to incur expenses
                            The Vice President may incur such expenses 
                        as may be necessary or appropriate. Expenses 
                        incurred by the Vice President shall be paid 
                        from the amount transferred under paragraph (1) 
                        by the Vice President and upon vouchers approved 
                        by the Vice President.
                (3) Authority to advance sums
                            The Secretary of the Senate may advance such 
                        sums as may be necessary to defray expenses 
                        incurred in carrying out paragraphs (1) and (2).
            (b) Offices of the Secretaries for the Majority and Minority
                (1) In general
                            Upon the written request of the Secretary 
                        for the Majority or the Secretary for the 
                        Minority, the Secretary of the Senate shall 
                        transfer from the appropriations account 
                        appropriated under the subheading ``OFFICES OF 
                        THE SECRETARIES FOR THE MAJORITY AND MINORITY'' 
                        under the heading ``SALARIES, OFFICERS AND 
                        EMPLOYEES'' such amount as the Secretary for the 
                        Majority or the Secretary for the Minority shall 
                        specify to the appropriations account under the 
                        heading ``MISCELLANEOUS ITEMS'' within the 
                        contingent fund of the Senate.

[[Page 294]]

                (2) Authority to incur expenses
                            The Secretary for the Majority or the 
                        Secretary for the Minority may incur such 
                        expenses as may be necessary or appropriate. 
                        Expenses incurred by the Secretary for the 
                        Majority or the Secretary for the Minority shall 
                        be paid from the amount transferred under 
                        paragraph (1) by the Secretary for the Majority 
                        or the Secretary for the Minority and upon 
                        vouchers approved by the Secretary for the 
                        Majority or the Secretary for the Minority, as 
                        applicable.
                (3) Authority to advance sums
                            The Secretary of the Senate may advance such 
                        sums as may be necessary to defray expenses 
                        incurred in carrying out paragraphs (1) and (2).
            (c) Effective date
                This section shall apply to fiscal year 2005 and each 
            fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I, 
            Sec. 5, Dec. 8, 2004, 118 Stat. 3169.)
       316  Sec. 31a-3. Expense allowance for Chairmen of Majority and 
                Minority Conference Committees of Senate; method of 
                payment; taxability.
                For each fiscal year (commencing with the fiscal year 
            ending September 30, 1985), there is hereby authorized an 
            expense allowance for the Chairmen of the Majority and 
            Minority Conference Committees which shall not exceed $5,000 
            each fiscal year for each such Chairman; and amounts from 
            such allowance shall be paid to either of such Chairmen only 
            as reimbursement for actual expenses incurred by him and 
            upon certification and documentation of such expenses, and 
            amounts so paid shall not be reported as income and shall 
            not be allowed as a deduction under Title 26. (Pub.L. 99-88, 
            Title I, Aug. 15, 1985, 99 Stat. 348; Pub.L. 108-7, Div. H, 
            Title I, Sec. 1(d), Feb. 20, 2003, 117 Stat. 349.)
       317  Sec. 31a-4. Chairmen of the Majority and Minority Policy 
                Committees' Expense Account.
                For each fiscal year (commencing with the fiscal year 
            ending September 30, 2001), there is authorized an expense 
            allowance for the Chairmen of the Majority and Minority 
            Policy Committees which shall not exceed $5,000 each fiscal 
            year for each such Chairman; and amounts from such allowance 
            shall be paid to either of such Chairmen only as 
            reimbursement for actual expenses incurred by him and upon 
            certification and documentation of such expenses, and 
            amounts so paid shall not be reported as income and shall 
            not be allowed as a deduction under the Internal Revenue 
            Code of 1986 [26 U.S.C.A. Sec. 1 et seq.]. (Pub.L. 106-554, 
            Sec. 1(a)(2) Title I, Sec. 5, Dec. 21, 2000, 114 Stat. 2763, 
            2763A-97; Pub.L. 108-7, Div. H, Title I, Sec. 1(e), Feb. 20, 
            2003, 117 Stat. 349.)
       318  Sec. 32. Compensation of President pro tempore of Senate.
                Whenever there is no Vice President, the President of 
            the Senate for the time being is entitled to the 
            compensation provided by law for the Vice President. (R.S. 
            Sec. 36.)

[[Page 295]]

            Cross References
                Compensation of Vice President, see section 104 of Title 
            3, United States Code, relating to the President (Senate 
            Manual section 1122).
       319  Sec. 32a. Compensation of Deputy President pro tempore of 
                Senate.
                Effective January 5, 1977, the compensation of a Deputy 
            President pro tempore of the Senate shall be at a rate equal 
            to the rate of annual compensation of the President pro 
            tempore and the Majority and Minority Leaders of the Senate. 
            (Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 79.)
            Note
                See Senate Manual section 91. The Senate may designate 
            any Member to hold the Office of Deputy President pro 
            tempore of the Senate. Such person is authorized to appoint 
            and fix the compensation of such employees as he deems 
            appropriate, but the gross compensation to such employees 
            shall not exceed $90,000 for any fiscal year.
       320  Sec. 32b. Expense allowance of President pro tempore of 
                Senate; methods of payment; taxability.
                Effective with fiscal year 1978 and each fiscal year 
            thereafter, there is hereby authorized an expense allowance 
            for the President Pro Tempore which shall not exceed $40,000 
            each fiscal year. The President Pro Tempore may receive the 
            expense allowance (1) as reimbursement for actual expenses 
            incurred upon certification and documentation of such 
            expenses by the President Pro Tempore, or (2) in equal 
            monthly payments. Such amounts paid to the President Pro 
            Tempore as reimbursement of actual expenses incurred upon 
            certification and documentation pursuant to this provision, 
            shall not be reported as income, and the expenses so 
            reimbursed shall not be allowed as a deduction, under Title 
            26. (Pub.L. 95-355, Title I, Sept. 8, 1978, 92 Stat. 532; 
            Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L. 
            108-7, Div. H., Title I, Sec. 1(b)(2), Feb. 20, 2003, 117 
            Stat. 349; Pub.L. 108-447, Div G., Title I, Sec. 13(a)(2), 
            Dec. 8, 2004, 118 Stat. 3171.)
            Note.--Office of the President Pro Tempore Emeritus of the 
            Senate
                (a) Establishment.--There is established the Office of 
            the President pro tempore emeritus of the Senate.
                (b) Designation.--Any Member of the Senate who--
                        (1) is designated by the Senate as the President 
                    pro tempore emeritus of the United States Senate; 
                    and
                        (2) is serving as a Member of the Senate,

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

[[Page 296]]

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

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

       321  Sec. 33. Senators' salaries.
                Senators elected, whose term of office begins on the 3d 
            day of January, and whose credentials in due form of law 
            shall have been presented in the Senate, may receive their 
            compensation from the beginning of their term. (June 19, 
            1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981, 
            Pub.L. 97-51, Sec. 112(b)(2), 95 Stat. 963.)
       322  Sec. 36. Salaries of Senators.
                Salaries of Senators appointed to fill vacancies in the 
            Senate shall commence on the day of their appointment and 
            continue until their successors are elected and qualified: 
            Provided, That when Senators have been elected during a sine 
            die adjournment of the Senate to succeed appointees, the 
            salaries of Senators so elected shall commence on the day 
            following their election.
                Salaries of Senators elected during a session to succeed 
            appointees shall commence on the day they qualify: Provided, 
            That when Senators have been elected during a session to 
            succeed appointees, but have not qualified, the salaries of 
            Senators so elected shall commence on the day following the 
            sine die adjournment of the Senate.
                When no appointments have been made the salaries of 
            Senators elected to fill such vacancies shall commence on 
            the day following their election. (Feb. 10, 1923, ch. 68, 42 
            Stat. 1225; Feb. 6, 1931, ch. 111, 46 Stat. 1065; June 19, 
            1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Feb. 13, 
            1935, ch. 6, Sec. 1, 49 Stat. 22, 23.)
            Constitutional Provisions
                The first section of amendment XX to the Constitution 
            provides in part: ``* * * the terms of Senators and 
            Representatives [shall end] at noon on the 3d day of 
            January, of the years in which such terms would have ended 
            if this article had not been ratified; and the terms of 
            their successors shall then begin.''
       323  Sec. 36a. Payment of sums due deceased Senators and Senate 
                personnel.
                Under regulations prescribed by the Secretary of the 
            Senate, a person serving as a Senator or officer or employee 
            whose compensation is disbursed by the Secretary of the 
            Senate may designate a beneficiary or beneficiaries to be 
            paid any unpaid balance of salary or other sums due such 
            person at the time of his death. When any person dies while 
            so serving, any such unpaid balance shall be paid by the 
            disbursing officer of the Senate to the designated 
            beneficiary or beneficiaries. If no designation has been 
            made, such unpaid balance shall be paid to the widow or 
            widower of that person, or if there is no widow or widower, 
            to the next of kin or heirs at law of that person. (Jan. 6, 
            1951, ch. 1213, Ch. I, Sec. 1, 64 Stat. 1224; Oct. 31, 1972, 
            Pub.L. 92-607, Ch. V, Sec. 503, 86 Stat. 1505.)

[[Page 297]]


       324  Sec. 39. Deductions for absence.
                The Chief Administrative Officer of the House of 
            Representatives (upon certification by the Clerk of the 
            House of Representatives) shall deduct from the monthly 
            payments (or other periodic payments authorized by law) of 
            each Member or Delegate the amount of his salary for each 
            day that he has been absent from the House, unless such 
            Member or Delegate assigns as the reason for such absence 
            the sickness of himself or of some member of his family. 
            (R.S. Sec. 40; Pub.L. 97-51, Sec. 112(d), Oct. 1, 1981, 95 
            Stat. 963; Pub.L. 104-186, Title II, Sec. 203(7), Aug. 20, 
            1996, 110 Stat. 1726; Pub.L. 109-55, Sec. 5, Aug. 2, 2005, 
            119 Stat. 568.)
       325  Sec. 40. Deductions for withdrawal.
                When any Member or Delegate withdraws from his seat and 
            does not return before the adjournment of Congress, he 
            shall, in addition to the sum deducted for each day, forfeit 
            a sum equal to the amount which would have been allowed by 
            law for his mileage in returning home; and such sum shall be 
            deducted from his compensation, unless the withdrawal is 
            with the leave of the Senate or House of Representatives, 
            respectively. (R.S. Sec. 41.)
       326  Sec. 40a. Deductions for delinquent indebtedness.
                Whenever a Representative, Delegate, or Resident 
            Commissioner, or a United States Senator, shall fail to pay 
            any sum or sums due from such person to the House of 
            Representatives or Senate, respectively, the appropriate 
            committee or officer of the House of Representatives or 
            Senate, as the case may be, having jurisdiction of the 
            activity under which such debt arose, shall certify such 
            delinquent sum or sums to the Chief Administrative Officer 
            of the House of Representatives in the case of an 
            indebtedness to the House of Representatives and to the 
            Secretary of the Senate in the case of an indebtedness to 
            the Senate, and such latter officials are authorized and 
            directed, respectively, to deduct from any salary, mileage, 
            or expense money due to any such delinquent such certified 
            amounts or so much thereof as the balance or balances due 
            such delinquent may cover. Sums so deducted by the Secretary 
            of the Senate shall be disposed of by him in accordance with 
            existing law and sums so deducted by the Chief 
            Administrative Officer of the House of Representatives shall 
            be disposed of by him in accordance with existing law. (June 
            19, 1934, ch. 648, Title I, Sec. 1, 48 Stat. 1024; Aug. 20, 
            1996, Pub.L. 104-186, Title II, Sec. 203(8), 110 Stat. 
            1726.)
       327  Sec. 42a. Special delivery postage allowance for President 
                of the Senate.
                The Secretary of the Senate is authorized and directed 
            to procure and furnish each fiscal year (commencing with the 
            fiscal year ending September 30, 1982) to the President of 
            the Senate, upon request by such person, United States 
            special delivery postage stamps in such amount as may be 
            necessary for the mailing of postal matters arising in 
            connection with his official business. (Pub.L. 97-51, 
            Sec. 127(a)(1), Oct. 1, 1981, 95 Stat. 965.)

[[Page 298]]


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

[[Page 299]]

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

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

       329  Sec. 46a. Stationery allowance for President of the Senate.
                Effective April 1, 1975, and each fiscal year 
            thereafter, the annual allowance for stationery for the 
            President of the Senate shall be $8,000. (July 1, 1941, ch. 
            268, 55 Stat. 450; June 13, 1945, ch. 189, 59 Stat. 244; 
            June 14, 1948, ch. 467, 62 Stat. 425; Oct. 11, 1951, ch. 
            485, 65 Stat. 391; Aug. 1, 1953, ch. 304, Title I, 67 Stat. 
            320; Aug. 5, 1955, ch. 568, 69 Stat. 504; Jan. 6, 1964, 
            Pub.L. 88-258, Title IV, 77 Stat. 864; May 29, 1967, Pub.L. 
            90-21, Title I, 81 Stat. 38; Dec. 12, 1969, Pub.L. 91-145, 
            83 Stat. 342; July 9, 1971, Pub.L. 92-51, 85 Stat. 128; Dec. 
            15, 1971, Pub.L. 92-184, Ch. IV, 85 Stat. 635; Oct. 31, 
            1972, Pub.L. 92-607, Sec. 506(k)(3), 86 Stat. 1508; June 12, 
            1975, Pub.L. 94-32, Title I, Ch. VII, 89 Stat. 182; Feb. 20, 
            2003, Pub.L. 108-7, Div. H, Title I, Sec. 2(a), 117 Stat. 
            349.)
       330  Sec. 46a-1. Senate revolving fund for stationery allowances; 
                availability of unexpended balances; withdrawals.
                There is established within the Contingent Fund of the 
            Senate a revolving fund which shall consist of (1) the 
            unexpended balance of the appropriation ``Contingent 
            Expenses, Senate, Stationery, fiscal year 1957'', (2) any 
            amounts hereafter appropriated for stationery allowances of 
            the President of the Senate, and for stationery for use of 
            officers of the Senate and the Conference of the Majority 
            and the Conference of the Minority of the Senate, and (3) 
            any undeposited amounts heretofore received, and any amounts 
            hereafter received as proceeds of sales by the stationery 
            room of the Senate. Any moneys in the fund shall be 
            available until expended for use in the same manner and for 
            the same purposes as funds heretofore appropriated to the 
            Contingent Fund

[[Page 300]]

            of the Senate for stationery, except that (1) the balance of 
            any amount appropriated for stationery for use of committees 
            and officers of the Senate which remains unexpended at the 
            end of any fiscal year and (2) allowances which are not 
            available for obligation due to vacancies or waiver of 
            entitlement thereto, shall be withdrawn from the revolving 
            fund. Disbursements from the fund shall be made upon 
            vouchers approved by the Secretary of the Senate, or his 
            designee. (Pub.L. 85-58, Ch. XI, June 21, 1957, 71 Stat. 
            188; Pub.L. 92-607, Ch. V, Sec. 506(l), Oct. 31, 1972, 86 
            Stat. 1508; Pub.L. 96-304, Sec. 112(b)(3), July 8, 1980, 94 
            Stat. 889, 892; Pub.L. 97-276 Sec. 101(e), Oct. 2, 1982, 96 
            Stat. 1189; Pub.L. 105-55, Title I, Sec. 7, Oct. 7, 1997, 
            111 Stat. 1181.)
       331  Sec. 46d-1. Long-distance telephone calls for Vice 
                President.
                Commencing January 20, 1949, the provisions of existing 
            law relating to long-distance telephone calls for Senators 
            shall be equally applicable to the Vice President of the 
            United States. (May 24, 1949, Ch. 138, Title I, 63 Stat. 
            77.)
       332  Sec. 47. Mode of payment.
                The compensation of Members and Delegates shall be 
            passed as public accounts, and paid out of the public 
            Treasury. (R.S. Sec. 46.)
       333  Sec. 48. Certification of salary and mileage accounts.
                Salary and mileage accounts of Representatives and 
            Delegates shall be certified by the Speaker of the House of 
            Representatives; and such certificates shall be conclusive 
            upon all the departments and officers of the Government. 
            (R.S. Sec. Sec. 47, 48; July 28, 1866, c. 296, Sec. 17, 14 
            Stat. 323; Jan. 20, 1874, c. 11, 18 Stat. 4; Dec. 8, 2004, 
            Pub.L. 108-447, Div. G, Title I, Sec. 11, 118 Stat. 3171.)
       334  Sec. 51. Monuments to deceased Senators or House Members.
                Whenever any deceased Senator or Member of the House of 
            Representatives shall be actually interred in the 
            Congressional Cemetery, so-called, it shall be the duty of 
            the Sergeant at Arms of the Senate, in the case of a 
            Senator, and of the Sergeant of Arms of the House of 
            Representatives, in the case of a Member of the House, to 
            have a monument erected, of granite, with suitable 
            inscriptions, and the cost of the same shall be a charge 
            upon and paid out either from the contingent funds of the 
            Senate or of the House of Representatives, to whichever the 
            deceased may have belonged, and any existing omissions of 
            monuments or inscriptions, as aforesaid, are directed and 
            authorized to be supplied in like manner. (May 23, 1876, c. 
            103, 19 Stat.54.) 
       335  Sec. 55. United States Code Annotated or United States Code 
                Service; procurement for Senators.
                In lieu of the volumes of the Code of Laws of the United 
            States, and the supplements thereto, supplied a Senator 
            under section 212 of Title 1, the Secretary of the Senate is 
            authorized and directed to supply to a Senator upon written 
            request of, and as specified by, that Senator--
                            (1) one copy of each of the volumes of the 
                        United States Code Annotated being published at 
                        the time the Senator takes office, and, as long 
                        as that Senator holds office, one copy of each 
                        replacement volume, each annual pocket part, and 
                        each pamphlet supplementing each such pocket 
                        part to the United States Code Annotated; or

[[Page 301]]

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

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

       336  Sec. 58. Mail, telegraph, telephone, stationery, office 
                supplies, and home State office and travel expenses for 
                Senators.
            (a) Authorization for payment from Senate contingent fund
                The contingent fund of the Senate is made available for 
            payment (including reimbursement) to or on behalf of each 
            Senator, upon certification of the Senator, for the 
            following expenses incurred by the Senator and his staff:
                            (1) telecommunications equipment and 
                        services subject to such regulations as may be 
                        promulgated by the Committee on Rules and 
                        Administration of the Senate;
                            (2)(A) stationery and other office supplies 
                        procured for use for official business, and
                            (B) metered charges for use of copying 
                        equipment provided by the Sergeant at Arms and 
                        Doorkeeper of the Senate;
                            (3)(A) [Repealed. (Pub.L. 101-520, Title I, 
                        Sec. 11, Nov. 5, 1990, 104 Stat. 2260.)]
                            (B) postage on, and fees and charges in 
                        connection with official mail matter sent 
                        through the mail other than the franking 
                        privilege upon certification by the Senate 
                        Sergeant at Arms and subject to such regulations 
                        as may be promulgated by the Committee on Rules 
                        and Administration, and
                            (C) costs incurred in the preparation of 
                        required official reports, and the acquisition 
                        of mailing lists to be used for official 
                        purposes and in the mailing, delivery, or 
                        transmitting of matters relating to official 
                        business;
                            (4) official office expenses incurred (other 
                        than for equipment and furniture and expenses 
                        described in paragraphs (1) through (3)) for an 
                        office in his home State;
                            (5) expenses incurred for publications 
                        printed or recorded in any way for auditory and 
                        visual use (including subscriptions to books, 
                        newspapers, magazines, clipping, and other 
                        information services);
                            (6) subject to the provisions of subsection 
                        (e) of this section, reimbursement of travel 
                        expenses incurred by the Senator and employees 
                        in his office;

[[Page 302]]

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

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

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

            shall not exceed the aggregate of--

                            (iii) subject to subparagraph (B), an amount 
                        equal to 75 percent of the amount of the 
                        authorized expenses under this section for the 
                        calendar year ending December 31, 1987, as 
                        determined in the case of a Senator, who 
                        represents the State which such Senator 
                        represents, whose term of office included all of 
                        such calendar year, plus
                            (iv) the amount by which (I) the aggregate 
                        of the gross compensation which may be paid to 
                        employees in the office of such Senator for the 
                        fiscal year ending September 30, 1988, pursuant 
                        to the limi

[[Page 303]]

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

            shall not exceed the aggregate of--

                            (iii) subject to subparagraph (B)--

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

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

                            (iv) the aggregate of the gross compensation 
                        which may be paid to employees in the office of 
                        such Senator for such fiscal year, under the 
                        limitations imposed by section 61-1(d) of this 
                        title, but without regard to the provisions of 
                        paragraph (1)(C)(iv) thereof.

[[Page 304]]

                (B) In the event that the term of office of a Senator 
            begins after the first month of any such fiscal year or ends 
            (except by reason of death, resignation, or expulsion) 
            before the last month of any such fiscal year, that part of 
            the amount referred to in subparagraph (A)(iii)(I) shall be 
            recalculated as follows: such amount, as computed under 
            subparagraph (iii), shall be divided by 12, and multiplied 
            by the number of months in such year which are included in 
            the Senator's term of office, counting any fraction of a 
            month as a full month; and the amount referred to in 
            subparagraph (A)(iii)(II) shall be recalculated in 
            accordance with regulations of the Committee on Rules and 
            Administration.
            (c) Repealed (Pub.L. 97-51, Sec. 122, Oct. 1, 1981, 95 Stat. 
                965)
            (d) Repealed (Pub.L. 93-371, Sec. 101(3)(e), Aug. 13, 1974, 
                88 Stat. 429)
            (e) Transportation, essential travel-related expenses, and 
                per diem expenses; coverage; limitations; amounts \1\
                \1\ S. Res. 540, 96-2, agreed to Dec. 8, 1980, provided: 
                ``That, until otherwise provided by law, reimbursement 
                with respect to travel expenses incurred by a Senator or 
                employee described in section 506(e) of the Supplemental 
                Appropriations Act, 1973 (2 U.S.C. 58(e)); shall be made 
                as if the phrase `only for actual transportation 
                expenses' read `for travel expenses essential to the 
                transaction of official business while away from his 
                official station or post of duty.' ''
                Subject to and in accordance with regulations 
            promulgated by the Committee on Rules and Administration of 
            the Senate, a Senator and the employees in his office shall 
            be reimbursed under this section for travel expenses 
            incurred by the Senator or employee while traveling on 
            official business within the United States. The term 
            ``travel expenses'' includes actual transportation expenses, 
            essential travel-related expenses, and, where applicable, 
            per diem expenses (but not in excess of actual expenses.) A 
            Senator or an employee of the Senator shall not be 
            reimbursed for any travel expenses (other than actual 
            transportation expenses) for any travel occurring during the 
            sixty days immediately before the date of any primary or 
            general election (whether regular, special, or runoff) in 
            which the Senator is a candidate for public office (within 
            the meaning of section 431(b) of this title), unless his 
            candidacy in such election is uncontested. For purposes of 
            this subsection and subsection (a)(6) of this section, an 
            employee in the Office of the President pro tempore, Deputy 
            President pro tempore, Majority Leader, Minority Leader, 
            Majority Whip, Minority Whip, Secretary of the Conference of 
            the Majority, or Secretary of the Conference of the Minority 
            shall be considered to be an employee in the office of the 
            Senator holding such office.
            (f) Omitted
            (g) Closing of deceased Senator's State offices
                In the case of the death of any Senator, the chairman of 
            the Committee on Rules and Administration may certify for 
            such deceased Senator for any portion of such sum already 
            obligated but not certified to at the time of such Senator's 
            death, and for any additional amount which may be reasonably 
            needed for the purpose of closing such deceased Senator's 
            State offices, for payment to the person or persons 
            designated as entitled to such payment by such chairman.

[[Page 305]]

            (h) Individuals serving on panels or other bodies 
                recommending nominees for Federal judgeships, service 
                academies, United States Attorneys, or United States 
                Marshals
                For purposes of subsections (a) and (e) of this section, 
            an individual who is selected by a Senator to serve on a 
            panel or other body to make recommendations for nominees to 
            one or more Federal judgeships or to one or more service 
            academies or one or more positions of United States Attorney 
            or United States Marshal shall be considered to be an 
            employee in the office of that Senator with respect to 
            travel and official expenses incurred in performing duties 
            as a member of such panel or other body, and shall be 
            reimbursed (A) for actual transportation expenses and per 
            diem expenses (but not exceeding actual travel expenses) 
            incurred while traveling in performing such duties within 
            the Senator's home State or between that State and 
            Washington, District of Columbia, and each of the service 
            academies, (B) for official expenses incurred in performing 
            such duties. For purposes of this subsection and subsection 
            (a) of this section, ``official expenses'' means expenses of 
            the type for which reimbursement may be made to an employee 
            in the office of a Senator when traveling on business of a 
            committee of which that Senator is a member, and, for 
            accounting purposes, such expenses shall be treated as 
            expenses for which reimbursement may be made under 
            subsection (a)(4) of this section.
            (i) Authorization of Secretary of Senate to pay reimbursable 

                expenses
                Whenever a Senator or an employee in his office has 
            incurred an expense for which reimbursement may be made 
            under this section, the Secretary of the Senate is 
            authorized to make payment to that Senator or employee for 
            the expense incurred, subject to the same terms and 
            conditions as apply to reimbursement of the expense under 
            this section.
            (j) Advances from Senate contingent fund for travel expenses 
                for official business trips; vouchers; settlement
                Whenever a Senator or employee of his office plans an 
            official business trip with respect to which reimbursement 
            for travel expenses is authorized under the preceding 
            provisions of section (a), the Senator (or such an employee 
            who has been designated by the Senator to do so) may, prior 
            to the commencement of such trip and in accordance with 
            applicable regulations of the Senate Committee on Rules and 
            Administration, obtain from any moneys in the contingent 
            fund of the Senate which are available to him for purposes 
            specified in subsection (a)(6) of this section, such advance 
            sum as he shall certify (and be accountable for), to the 
            Secretary of the Senate, to be necessary to defray some or 
            all of the expenses to be incurred on such trip which 
            expenses are reimbursable under the preceding provisions of 
            this section. The receipt by any Senator for any sum so 
            advanced to him or his order out of the contingent fund of 
            the Senate by the Secretary of the Senate shall be taken and 
            passed by the accounting officers of the Government as a 
            full and sufficient voucher; but it shall be the duty of 
            such Senator (or employee of his office, as the case may 
            be), as soon as practicable, to furnish to the Secretary of 
            the Senate a detailed voucher of the expenses incurred for 
            the travel with respect to which the sum was so advanced, 
            and make settlement with respect to such sum. (Pub.L. 92-
            607, Sec. 506(a)-(j), Oct. 31, 1972, 86 Stat. 1505; Pub.L. 
            93-145, Nov. 1, 1973, 87 Stat.

[[Page 306]]

            532; Pub.L. 93-371, Sec. (3)(e), Aug. 13, 1974, 88 Stat. 
            429; Pub.L. 94-59, Title I, Sec. 103, July 25, 1975, 89 
            Stat. 274; Pub.L. 95-94, Title I, Sec. 112(a) to (c), Aug. 
            5, 1977, 91 Stat. 663; Pub.L. 95-240, Title II, Sec. 208, 
            Mar. 7, 1978, 92 Stat. 117; Pub.L. 95-391, Title I, 
            Sec. 108(a), Sept. 30, 1978, 92 Stat. 773; Pub.L. 96-304, 
            Title I, Sec. Sec. 101, 102(a), 103, 104, July 8, 1980, 94 
            Stat. 889; Pub.L. 97-19, July 6, 1981, 95 Stat. 103; Pub.L. 
            97-51, Sec. 122, Oct. 1, 1981, 95 Stat. 965; Pub.L. 97-257, 
            Title I, Sec. 104(a), Sept. 10, 1982, 96 Stat. 849; Pub.L. 
            97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189; Pub.L. 98-
            51, Sec. 102, July 14, 1983, 97 Stat. 266; Pub.L. 98-181, 
            Title I, Sec. 1204(a), Nov. 30, 1983, 97 Stat. 1290; Pub.L. 
            99-65, Sec. 1(a), July 12, 1985, 99 Stat. 163; Pub.L. 100-
            137, Sec. 1(b), October 21, 1987; Pub.L. 100-458, 
            Sec. Sec. 8(a), 13, 14(a), October 1, 1988, 101 Stat. 815; 
            Sec. Sec. 8(a), 13, 14(a), 102 Stat. 2162; Pub.L. 101-163, 
            Title I, Sec. 5(a), Nov. 21, 1989, 103 Stat. 1045; Pub.L. 
            101-520, Title I, Sec. Sec. 4(c), 8, 9(a), 11, Title III, 
            Sec. 311(h)(2), Nov. 5, 1990, 104 Stat. 2258 to 2260, 2280; 
            Pub.L. 102-90, Sec. 7(a), Aug. 14, 1991, 105 Stat. 451; 
            Pub.L. 105-55, Title I, Sec. 3(a), Oct. 7, 1997, 111 Stat. 
            1180; Pub.L. 105-275, Title I, Sec. 1, Oct. 21, 1998, 112 
            Stat. 2432; Pub.L. 106-57, Title I, Sec. 1(a), (b), Sept. 
            29, 1999, 113 Stat. 410, 411.)
       337  Sec. 58a. Telecommunications services for Senators; payment 
                of costs out of contingent fund.
                The Sergeant at Arms and Doorkeeper of the Senate shall 
            furnish each Senator local and long-distance 
            telecommunications services in Washington, District of 
            Columbia, and in such Senator's State in accordance with 
            regulations prescribed by the Senate Committee on Rules and 
            Administration; and the costs of such service shall be paid 
            out of the contingent fund of the Senate from moneys made 
            available to him for that purpose. (Pub.L. 98-181, 
            Sec. 1205(a), Nov. 30, 1983, 97 Stat. 1290; Pub.L. 99-65, 
            Sec. 1(b), July 12, 1985, 99 Stat. 163; Pub.L. 99-439, Oct. 
            2, 1986, 100 Stat. 1085.)
       338  Sec. 58a.-1. Payment for telecommunications equipment and 
                services; definitions.
                As used in sections 58a-1 to 58a-3 of this title, the 
            term--
                            (1) ``Sergeant at Arms'' means the Sergeant 
                        at Arms and Doorkeeper of the United States 
                        Senate; and
                            (2) ``user'' means any Senator, Officer of 
                        the Senate, Committee, office, or entity 
                        provided telephone equipment and services by the 
                        Sergeant at Arms. (Pub.L. 100-123, Sec. 1, Oct. 
                        5, 1987, 101 Stat. 794.)
       339  Sec. 58a-2. Certification of telecommunications equipment 
                and 
                services as official.
            (a) Regulations issued by Committee on Rules and 
                Administration
                Subject to such regulations as may hereafter be issued 
            by the Committee on Rules and Administration of the Senate, 
            the Sergeant at Arms shall have the authority, with respect 
            to telephone equipment and services provided to any user on 
            a reimbursable basis (including repair or replacement), 
            solely for the purposes of this section, to make such 
            certification as may be necessary to establish such services 
            and equipment as official, issue invoices in conjunction 
            therewith, and receive

[[Page 307]]

            payment for such services and equipment by certification, 
            voucher, or otherwise.
            (b) Equipment and services provided on reimbursable basis
                For purposes of sections 58a-1 to 58a-3 of this title, 
            telephone equipment and services provided to any user for 
            which payment, prior to October 1, 1987, was not authorized 
            from the contingent fund of the Senate shall, on and after 
            October 1, 1987, be considered telephone equipment and 
            services provided on a reimbursable basis for which payment 
            may be obtained from such fund in accordance with subsection 
            (a) of this section.
            (c) Establishment of reasonable charges
                Subject to the approval of the Committee on Rules and 
            Administration, the Sergeant at Arms may establish 
            reasonable charges for telephone equipment and services 
            provided to any user which may be in addition to that 
            regularly authorized by the Committee.
            (d) Disposition of moneys received
                All moneys, derived from payments for telephone 
            equipment and services provided from funds from the 
            Appropriation Account within the contingent fund of the 
            Senate for ``Contingent Expenses, Sergeant at Arms and 
            Doorkeeper of the Senate'' under the line item for 
            Telecommunications (including receipts from carriers and 
            others for loss or damage to such services or equipment for 
            which repair or replacement has been provided by the 
            Sergeant at Arms), and all other moneys received by the 
            Sergeant at Arms as charges or commissions for telephone 
            services, shall be deposited in and made a part of such 
            Appropriation Account and under such line item, and shall be 
            available for expenditure or obligation, or both, in like 
            manner and subject to the same limitations as any other 
            moneys in such account and under such line item.
            (e) Committee authority to classify or reclassify equipment 
                and services
                Nothing in sections 58a-1 to 58a-3 of this title shall 
            be construed as limiting or otherwise affecting the 
            authority of the Committee on Rules and Administration of 
            the Senate to classify or reclassify telephone equipment and 
            services provided to any user as equipment or services for 
            which reimbursement may or may not be required. (Pub.L. 100-
            123, Sec. 2, Oct. 5, 1987, 101 Stat. 794; Pub.L. 101-163, 
            Title I, Sec. 3, Nov. 21, 1989, 103 Stat. 1044.)
       340  Sec. 58a-3. Report on telecommunications to Committee on 
                Rules and Administration.
                The Sergeant at Arms shall report to the Committee on 
            Rules and Administration of the Senate, at such time or 
            times, and in such form and manner, as the Committee may 
            direct, on expenditures made, and revenues received, 
            pursuant to sections 58a-1 to 58a-3 of this title. It shall 
            be the function of the Sergeant at Arms to advise the 
            Committee, as soon as possible, of any dispute regarding 
            payments to and from such Appropriation Account as related 
            to the line item for Telecommunications, including any 
            amounts due and unpaid by any user, if any such dispute has 
            remained unresolved for a period of at least 60 days. 
            (Pub.L. 100-123, Sec. 3, Oct. 5, 1987, 101 Stat. 795.)

[[Page 308]]


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

  

            Sec. 58c. Senators' Official Personnel and Office Expense 
                Account.
                (1) Effective January 1, 1988, there shall be, within 
            the contingent fund of the Senate, a separate appropriation 
            account to be known as the ``Senators' Official Personnel 
            and Office Expense Account'' (hereinafter in this section 
            referred to as the ``Senators' Account'').
                (2) The Senators' Account shall be used for the funding 
            of all items, activities, and expenses which, immediately 
            prior to January 1, 1988, were funded under either (A) the 
            Senate appropriation account for ``Administrative, Clerical, 
            and Legislative Assistance Allowance to Senators'' 
            (hereinafter in this section referred to as the ``Senators' 
            Clerk Hire Allowance Account'') under the headings 
            ``SENATE'' and ``Salaries, Officers and Employees'', or (B) 
            that part of the account, within the contingent fund of the 
            Senate, for ``Miscellaneous Items'' (hereinafter in this 
            section referred to as the ``Senators' Official Office 
            Expense Account'') which is available for allocation to 
            Senatorial Official Office Expense Accounts. In addition, 
            the Senators' Account shall be used for the funding of 
            agency contributions payable with respect to compensation 
            payable by such account, but moneys appropriated to such 
            account for this purpose shall not be available for any 
            other purpose. The account, which in clause (A) of the first 
            sentence of this paragraph is identified as the ``Senators' 
            Clerk Hire Allowance Account'' and the account, which in 
            clause (B) of such sentence is identified as the ``Senators' 
            Official Office Expense Account'' shall, when referred to in 
            other law, rule, regulation, or order (whether referred to 
            by such name or any other) shall

[[Page 309]]

            on and after January 1, 1988, be deemed to refer to the 
            ``Senators' Official Personnel and Office Expense Account.''
                (3)(A) Effective on January 1, 1988, there shall be 
            transferred to the Senators' Account from the Senators' 
            Clerk Hire Allowance Account all funds therein which were 
            available for expenditure or obligation during the fiscal 
            year ending September 30, 1988, and from the Senators' 
            Official Office Expense Account so much of the funds therein 
            as was available for expenditure or obligation for the 
            period commencing January 1, 1988, and ending September 30, 
            1988; except that the Senators' Official Office Expense 
            Account shall remain in being solely for the purpose of 
            being available to pay for any authorized item, activity, or 
            expense, for which funds therein had been obligated, but not 
            paid, prior to such transfer.
                (B) Any of the funds transferred to the Senators' 
            Account from the Senators' Clerk Hire Allowance Account 
            pursuant to subparagraph (A) which, prior to such transfer, 
            had been obligated, but not expended, for any authorized 
            item, activity, or expense, shall be available to pay for 
            such item, activity, or expense in like manner as if such 
            transfer had not been made.
                (4) On January 1, 1988, there shall be transferred to 
            the Senators' Account, from the appropriation account for 
            ``Agency Contributions'', under the headings ``SENATE'' and 
            ``Salaries, Officers and Employees'', so much of the moneys 
            in such account as was appropriated for the purpose of 
            making agency contributions for administrative, clerical, 
            and legislative assistance to Senators with respect to 
            compensation payable for the period commencing January 1, 
            1988, and ending September 30, 1988; and the moneys so 
            transferred shall be available only for the payment of such 
            agency contributions with respect to such compensation.
                (5) Vouchers shall not be required for the disbursement, 
            from the Senators' Account, of salaries of employees in the 
            office of a Senator.
                (6) Effective on and after October 1, 1997, the 
            Senators' account shall be available for the payment of 
            franked mail expenses of Senators.

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

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

  

            Sec. 59. Home State office space for Senators; lease of 
                office space.
            (a) Procurement by Sergeant at Arms of Senate in places 
                designated by Senator; places subject to use; lease of 
                office space
                (1) The Sergeant at Arms of the Senate shall secure for 
            each Senator office space suitable for the Senator's 
            official use in places designated by the Senator in the 
            State he represents. That space shall be secured in post 
            offices or other Federal buildings at such places. In the 
            event suitable office space is not available in post offices 
            or other Federal buildings, the Sergeant at Arms shall 
            secure other office space in those places.
                (2) The Senator may lease, on behalf of the United 
            States Senate, the office space so secured for a term not 
            extending beyond the term of office which he is serving on 
            the first day of such lease, except that, in the case of a 
            Senator whose term of office is expiring and

[[Page 310]]

            who has been elected for another term, such lease may extend 
            until the end of the term for which he has been so elected. 
            Each such lease shall contain a provision permitting its 
            cancellation upon sixty days written notice by the Sergeant 
            at Arms and Doorkeeper of the Senate, in the event of the 
            death or resignation of the Senator. A copy of each such 
            lease shall be furnished to the Sergeant at Arms. Nothing in 
            this paragraph shall be construed to require the Sergeant at 
            Arms to enter into or execute any lease for or on behalf of 
            a Senator.
            (b) Maximum amount of aggregate square feet for each Senator
                The aggregate square feet of office space secured for 
            each Senator shall not at any time exceed--
                            (1) 5,000 square feet if the population of 
                        the State of the Senator is less than 3,000,000;
                            (2) 5,200 square feet if such population is 
                        3,000,000 but less than 4,000,000;
                            (3) 5,400 square feet if such population is 
                        4,000,000 but less than 5,000,000;
                            (4) 5,800 square feet if such population is 
                        5,000,000 but less than 7,000,000;
                            (5) 6,200 square feet if such population is 
                        7,000,000 but less than 9,000,000;
                            (6) 6,400 square feet if such population is 
                        9,000,000 but less than 10,000,000;
                            (7) 6,600 square feet if such population is 
                        10,000,000 but less than 11,000,000;
                            (8) 6,800 square feet if such population is 
                        11,000,000 but less than 12,000,000;
                            (9) 7,000 square feet if such population is 
                        12,000,000 but less than 13,000,000;
                            (10) 7,400 square feet if such population is 
                        13,000,000 but less than 15,000,000;
                            (11) 7,800 square feet if such population is 
                        15,000,000 but less than 17,000,000; or
                            (12) 8,200 square feet if such population is 
                        17,000,000 or more.
            (c) Maximum annual rental rate; maximum aggregate amount for 
                acquisition of furniture, equipment, and other office 
                furnishings
                (1) The maximum annual rate that may be paid for the 
            rental of an office secured for a Senator not in a post 
            office or other Federal building shall not exceed the 
            highest rate per square foot charged Federal agencies on the 
            first day of the lease of such office by the Administrator 
            of General Services, based upon a 100 percent building 
            quality rating, for office space located in the place in 
            which the Senator's office is located, multiplied by the 
            number of square feet contained in that office used by the 
            Senator and his employees to perform their duties.
                (2) The aggregate amount that may be paid for the 
            acquisition of furniture, equipment, and other office 
            furnishings heretofore provided by the Administrator of 
            General Services for one or more offices secured for the 
            Senator is $40,000 if the aggregate square feet of office 
            space is not in excess of 5,000 square feet. Such amount is 
            increased by $1,000 for each authorized additional 
            incremental increase in office space of 200 square feet. 
            Effective beginning with the 106th Congress, the

[[Page 311]]

            aggregate amount in effect under this paragraph for any 
            Congress shall be increased by the inflation adjustment 
            factor for the calendar year in which the Congress begins. 
            For purposes of the preceding sentence, the inflation 
            adjustment factor for any calendar year is a fraction the 
            numerator of which is the implicit price deflator for the 
            gross domestic product as computed and published by the 
            Department of Commerce for the preceding calendar year and 
            the denominator of which is such deflator for the calendar 
            year 1998.
            (d) Senators subject to maximum amount of aggregate square 
                feet and maximum annual rental rate
                (1) Notwithstanding subsection (b) of this section, the 
            aggregate square feet of office space secured for a Senator 
            who is a Senator on July 1, 1974, shall not at any time 
            exceed, as long as he continuously serves as a Senator, the 
            greater of--
                            (A) the applicable square footage limitation 
                        of such subsection; or
                            (B) the total square footage of those 
                        offices that the Senator has on such date and 
                        which are continuously maintained in the same 
                        buildings in which such offices were located on 
                        such date.
                (2) The provisions of subsection (c) of this section do 
            not apply to any office that a Senator has on July 1, 1974, 
            not in a post office or other Federal building, as long as--
                            (A) that Senator continuously serves as a 
                        Senator; and
                            (B) that office is maintained in the same 
                        building in which it was located on such date 
                        and contains not more than the same number of 
                        square feet it contained on such date.
            (e) Omitted
            (f) Mobile office
                (1) Subject to the provisions of paragraphs (2), (3), 
            (4), and (5), a Senator may lease one mobile office for use 
            only in the State he represents and the contingent fund of 
            the Senate is available for the rental payments (including 
            by way of reimbursement) made under such lease together with 
            the actual nonpersonnel cost of operating such mobile 
            office. The term of any such lease shall not exceed 3 years. 
            A copy of each such lease shall be furnished to the Sergeant 
            at Arms of the Senate.
                (2) The maximum aggregate annual rental payments and 
            operating costs (except furniture, equipment, and 
            furnishings) that may be paid to a Senator under paragraph 
            (1) shall not at any time exceed an amount determined by 
            multiplying (A) the highest applicable rate per square foot 
            charged Federal agencies by the Administrator of General 
            Services in the State which that Senator represents, based 
            upon a 100 percent building quality rating, by (B) the 
            maximum aggregate square feet of office space to which that 
            Senator is entitled under subsection (b) of this section 
            reduced by the number of square feet contained in offices 
            secured for that Senator under subsection (a) of this 
            section and used by that Senator and his employees to 
            perform their duties.
                (3) No payment shall be made under paragraph (1) for 
            rental payments and operating costs of a mobile office of a 
            Senator unless the following provisions are included in its 
            lease:

[[Page 312]]

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

            
                             ``FOR OFFICIAL USE ONLY'';

                                         Or
            
                             ``MOBILE OFFICE OF SENATOR

            
                              ``FOR OFFICIAL USE ONLY''

            
                                     ----------

                                                  

                            The Committee on Rules and Administration of 
                        the Senate may prescribe regulations to waive or 
                        modify the requirement under subparagraph (B) if 
                        such waiver or modification is necessary to 
                        provide for the public safety of a Senator and 
                        the Senator's staff and constituents.
                            (4) No payment shall be made under paragraph 
                        (1) for rental payments and operating costs of a 
                        mobile office of a Senator which are 
                        attributable to or incurred during the 60-day 
                        period ending with the date of any primary or 
                        general election (whether regular, special, or 
                        runoff) in which that Senator is a candidate for 
                        public office, unless his candidacy in such 
                        election is uncontested.
                            (5) Payment under paragraph (1) shall be 
                        made on a monthly basis and shall be paid upon 
                        vouchers approved by the Sergeant at Arms of the 
                        Senate.
            (g) Effective date
                This section is effective on and after July 1, 1974. 
            (Pub.L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub.L. 
            94-32, Title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub.L. 
            94-59, Title I, Sec. Sec. 106(a), 107, July 25, 1975, 89 
            Stat. 276; Pub.L. 95-26, Title I, Sec. 105, May 4, 1977, 91 
            Stat. 83; Pub.L. 95-94, Title I, Sec. 112(d), Aug. 5, 1977, 
            91 Stat. 664; Pub.L. 96-304, Title I, Sec. 109, July 8, 
            1980, 94 Stat. 890; Pub.L. 99-88, Title I, Sec. 194, Aug. 
            15, 1985, 99 Stat. 349; Pub.L. 102-27, Title II, Apr. 10, 
            1991, 105 Stat. 144; Pub.L. 102-90, Title I, Sec. 7(b), Aug. 
            14, 1991, 105 Stat. 451; Pub.L. 104-197, Title I, Sec. 3, 
            Sept. 16, 1996, 110 Stat. 2397; Pub.L. 106-57, Title I, 
            Sec. 3, Sept. 29, 1999, 113 Stat. 411; Pub.L. 108-7, Div. H, 
            Title I, Sec. 4(a), Feb. 20, 2003, 117 Stat. 349.)
       346  Sec. 59-1. Additional home State office space for Senators.
            (a) Presidential declaration of disaster or emergency
                Notwithstanding any other provision of law or 
            regulation, with the approval of the Committee on Rules and 
            Administration of the Senate, the Sergeant at Arms and 
            Doorkeeper of the Senate is authorized to provide additional 
            facilities, services, equipment, and office space for use by 
            a Senator in that Senator's State in connection with a 
            disaster or emergency declared by the President under the 
            Robert T. Stafford Disaster Relief and Emergency Assistance 
            Act [42 U.S.C.A. Sec. 5121 et seq.]. Expenses incurred by 
            the Sergeant at Arms and Doorkeeper of

[[Page 313]]

            the Senate under this section shall be paid from the 
            appropriation account, within the contingent fund of the 
            Senate, for expenses of the Office of the Sergeant at Arms 
            and Doorkeeper of the Senate, upon vouchers signed by the 
            Sergeant at Arms and Doorkeeper of the Senate with the 
            approval of the Committee on Rules and Administration of the 
            Senate.
            (b) Effective date
                This section is effective on and after June 12, 1997.

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

       347  Sec. 59b. Purchase of office equipment or furnishings by 
                Senators.
            (a) Authorization; conditions
                Notwithstanding any other provision of law, a United 
            States Senator may purchase, upon leaving office or 
            otherwise ceasing to be a Senator (except by expulsion), any 
            item or items of office equipment or office furnishings 
            provided by the General Services Administration and then 
            currently located and in use in an office of such Senator in 
            the State then represented by such Senator.
            (b) Request by Senator and arrangement for purchase by 
                Sergeant at Arms of Senate; regulations governing 
                purchase; price
                At the request of any United States Senator, the 
            Sergeant at Arms of the Senate shall arrange for and make 
            the purchase of equipment and furnishings under subsection 
            (a) of this section on behalf of such Senator. Each such 
            purchase shall be--
                            (1) in accordance with regulations which 
                        shall be prescribed by the Committee on Rules 
                        and Administration of the Senate, after 
                        consultation with the General Services 
                        Administration; and
                            (2) at a price equal to the acquisition cost 
                        to the Federal Government of the equipment or 
                        furnishings so purchased, less allowance for 
                        depreciation determined under such regulations, 
                        but in no instance less than the fair market 
                        value of such items.
            (c) Remittance of amounts received to General Services 
                Administration; disposition
                Amounts received by the Federal Government from the sale 
            of items of office equipment or office furnishings under 
            this section shall be remitted to the General Services 
            Administration and credited to the appropriate account or 
            accounts. (Pub.L. 93-462, Sec. 2, Oct. 20, 1974, 88 Stat. 
            1388.)
       348  Sec. 59d-1. Transportation of official records and papers to 
                a Senator's State.
            (a) Payment of reasonable transportation expenses
                Upon request of a Senator, amounts in the appropriation 
            account ``Miscellaneous Items'' within the contingent fund 
            of the Senate shall be available to pay the reasonable 
            expenses of sending or transporting the official records and 
            papers of the Senator from the District of Columbia to any 
            location designated by such Senator in the State represented 
            by the Senator.

[[Page 314]]

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

[[Page 315]]

            (b) Postmaster General functions
                The Postmaster General, in consultation with the 
            Committee on Rules and Administration of the Senate and the 
            Committee on House Oversight of the House of 
            Representatives--
                            (1) shall monitor use of official mail by 
                        each person entitled to use the congressional 
                        frank;
                            (2) at least monthly, shall notify any 
                        person with an allocation under subsection 
                        (a)(2)(A) of this section as to the amount that 
                        has been used and any person with an allocation 
                        under subsection (a)(2)(B) of this section as to 
                        the percentage of the allocation that has been 
                        used; and
                            (3) may not carry or deliver official mail 
                        the cost of which is in excess of an allocation 
                        under subsection (a)(2) of this section.
            (c) Source of funds for expenses of official mail
                Expenses of official mail of the Senate and the House of 
            Representatives may be paid only from funds specifically 
            appropriated for that purpose and funds so appropriated--
                            (1) may be supplemented by other 
                        appropriated funds only if such supplementation 
                        is provided for by law or by regulation under 
                        subsection (a) of this section; and
                            (2) may not be supplemented by funds from 
                        any other source, public or private.
            (d) Maintenance or use of unofficial office accounts or 
                defrayal of official expenses from certain funds 
                prohibited
                No Senator or Member of the House of Representatives may 
            maintain or use, directly or indirectly, an unofficial 
            office account or defray official expenses for franked mail, 
            employee salaries, office space, furniture, or equipment and 
            any associated information technology services (excluding 
            handheld communications devices) from--
                            (1) funds received from a political 
                        committee or derived from a contribution or 
                        expenditure (as such terms are defined in 
                        section 431 of this title);
                            (2) funds received as reimbursement for 
                        expenses incurred by the Senator or Member in 
                        connection with personal services provided by 
                        the Senator or Member to the person making the 
                        reimbursement; or
                            (3) any other funds that are not 
                        specifically appropriated for official expenses.
            (e) Official Mail Allowance in House of Representatives
                (1) The use of funds of the House of Representatives 
            which are made available for official mail of Members, 
            officers, and employees of the House of Representatives who 
            are persons entitled to use the congressional frank shall be 
            governed by regulations promulgated--
                            (A) by the Committee on House Oversight of 
                        the House of Representatives, with respect to 
                        allocation and expenditures relating to official 
                        mail (except as provided in subparagraph (B)); 
                        and
                            (B) by the House Commission on Congressional 
                        Mailing Standards, with respect to matters under 
                        section 3210(a)(6)(D) of Title 39.
                (2) Funds used for official mail--

[[Page 316]]

                            (A) with respect to a Member of the House of 
                        Representatives, shall be available, in a 
                        session of Congress, in a total amount, as 
                        determined under paragraph (1)(A), of not more 
                        than the product of (i) 3 times the single-piece 
                        rate applicable to first class mail, and (ii) 
                        the number (as determined by the Postmaster 
                        General) of addresses (other than business 
                        possible delivery stops) in the congressional 
                        district, as such addresses are described in 
                        section 3210(d)(7)(B) of Title 39;
                            (B) with respect to any other person 
                        entitled to use the congressional frank in the 
                        House of Representatives (including any Member 
                        of the House of Representatives who receives an 
                        allocation under subsection (a)(2) with respect 
                        to duties as an elected officer of, or holder of 
                        another position in, the House of 
                        Representatives), shall be available, in a 
                        session of Congress, in a total amount 
                        determined under paragraph (1)(A).
                            (C) Redesignated (B)
                            (D) Repealed. (Pub.L. 105-275, Title I, 
                        Sec. 104(a)(3), Oct. 21, 1998, 112 Stat. 2439.)
                (3) Repealed. (Pub.L. 106-57, Title I, Sec. (a)(3), 
            Sept. 29, 1999, 113 Stat. 415.)
                (4) Repealed. (Pub.L. 105-275, Title I, Sec. 104(b), 
            Oct. 21, 1998, 112 Stat. 2439.)
            (f) Mass mailing; submission of samples or description of 
                proposed mail matter; advisory opinion
                A Member of the House of Representatives shall, before 
            making any mass mailing, submit a sample or description of 
            the mail matter involved to the House Commission on 
            Congressional Mailing Standards for an advisory opinion as 
            to whether such proposed mailing is in compliance with 
            applicable provisions of law, rule, or regulation.
            (g) ``Member of the House of Representatives'' and ``person 
                entitled to use the congressional frank'' defined
                As used in subsections (a) through (f) of this section--
                            (1) the term ``Member of the House of 
                        Representatives'' means a Representative in, or 
                        a Delegate or Resident Commissioner to, the 
                        Congress; and
                            (2) the term ``person entitled to use the 
                        congressional frank'' means a Senator, Member of 
                        the House of Representatives, or other person 
                        authorized to use the frank under section 
                        3210(b) of Title 39.
            (h) Omitted
            (i) Effective date
                This section and the amendments made by this section 
            shall apply with respect to sessions of Congress beginning 
            with the first session of the One Hundred Second Congress, 
            except that, with respect to the Senate, subsection (d) of 
            this section shall apply beginning on May 1, 1992, and the 
            funds referred to in paragraph (3) of such subsection shall 
            not include personal funds of a Senator or member of the 
            House of Representatives.

            (Pub.L. 101-520, Title III, Sec. 311, Nov. 5, 1990, 104 
            Stat. 2278; Pub.L. 102-229, Title II, Sec. 211, Dec. 12, 
            1991, 105 Stat. 1718; Pub.L. 104-186, Title II, 
            Sec. 203(22), Aug. 20, 1996, 110 Stat. 1728; Pub.L. 105-

[[Page 317]]

            275, Title I, Sec. 104, Oct. 21, 1998, 112 Stat. 2439; 
            Pub.L. 106-19, Sec. 1(a), Apr. 8, 1999, 113 Stat. 29; Pub.L. 
            106-57, Title I, Sec. 102, 103(a)(1)-(3), (4)(B), Sept. 29, 
            1999, 113 Stat. 415; Pub.L. 107-68, Title I Sec. 110, Nov. 
            12, 2001, 115 Stat. 569; Pub.L. 108-83, Title I, 
            Sec. 105(a), Sept. 30, 2003, 117 Stat. 1018.)

       350  Sec. 59f. Mass mailings by Senate offices; quarterly 
                statements; 
                publication of summary tabulations.
                Two weeks after the close of each calendar quarter, or 
            as soon as practicable thereafter, the Sergeant at Arms and 
            Doorkeeper of the Senate shall send to each Senate office a 
            statement of the cost of postage and paper and of the other 
            operating expenses incurred as a result of mass mailings 
            processed for such Senate office during such quarter. The 
            statement shall separately identify the cost of postage and 
            paper and other costs, and shall distinguish the costs 
            attributable to newsletters and all other mass mailings. The 
            statement shall also include the total cost per capita in 
            the State. A compilation of all such statements shall be 
            sent to the Senate Committee on Rules and Administration. A 
            summary tabulation of such information shall be published 
            quarterly in the Congressional Record and included in the 
            semiannual report of the Secretary of the Senate. Such 
            summary tabulation shall set forth for each Senate office 
            the following information: the Senate office's name, the 
            total number of pieces of mass mail mailed during the 
            quarter, the total cost of such mail, and, in the case of 
            Senators, the cost of such mail divided by the total 
            population of the State from which the Senator was elected, 
            and the total number of pieces of mass mail divided by the 
            total population of the State from which the Senator was 
            elected, and in the case of each Senator, the allocation 
            made to such Senator from the appropriation for official 
            mail expenses. (Pub.L. 101-520, Title III, Sec. 318, Nov. 5, 
            1990, 104 Stat. 2283; Pub.L. 103-283, Sec. 3(b), July 22, 
            1994, 108 Stat. 1427.)
       351  Sec. 59g. Mass mailing of information under frank; quarterly 

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

       352  Sec. 60-1. Authority of officers of Congress over 
                Congressional 
                employees.
            (a) Qualifications determinations; removal and discipline
                Each officer of the Congress having responsibility for 
            the supervision of employees, including employees appointed 
            upon recommendation of Members of Congress, shall have 
            authority--

[[Page 318]]

                            (1) to determine, before the appointment of 
                        any individual as an employee under the 
                        supervision of that officer of the Congress, 
                        whether that individual possesses the 
                        qualifications necessary for the satisfactory 
                        performance of the duties and responsibilities 
                        to be assigned to him; and
                            (2) to remove or otherwise discipline any 
                        employee under his supervision.
            (b) ``Officer of the Congress'' defined
                As used in this section, the term ``officer of the 
            Congress'' means--
                            (1) an elected officer of the Senate or 
                        House of Representatives who is not a Member of 
                        the Senate or House; and
                            (2) the Architect of the Capitol. (Pub.L. 
                        91-510, Sec. 431, Oct. 26, 1970, 84 Stat. 1190.)
       353  Sec. 60-2. Amendment to Senate conflict of interest rule.\1\
                \1\ See Standing Rule XXXVII.
                (a) Except as provided by subsection (b) of this 
            section, any employee of the Senate who is required to file 
            a report pursuant to Senate rules shall refrain from 
            participating personally and substantially as an employee of 
            the Senate in any contact with any agency of the executive 
            or judicial branch of Government with respect to non-
            legislative matters affecting any non-governmental person in 
            which the employee has a significant financial interest.
                (b) Subsection (a) of this section shall not apply if an 
            employee first advises his supervisor of his significant 
            financial interest and obtains from such supervisor a 
            written waiver stating that the participation of the 
            employee is necessary. A copy of each such waiver shall be 
            filed with the Select Committee. (Pub.L. 101-194, Title IX, 
            Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
       354  Sec. 60a-1. Senate pay adjustments; action by President pro 
                tempore of Senate.
                (a) Each time the President adjusts the rates of pay of 
            employees under section 5303 of Title 5 (or section 5304 or 
            5304a of such title, as applied to employees employed in the 
            pay locality of the Washington, D.C.-Baltimore, Maryland 
            consolidated metropolitan statistical area) the President 
            pro tempore of the Senate shall, as he considers 
            appropriate--
                            (1)(A) adjust the rates of pay of personnel 
                        whose pay is disbursed by the Secretary of the 
                        Senate, and any minimum or maximum rate 
                        applicable to any such personnel; or
                            (B) in the case of such personnel whose 
                        rates of pay are fixed by or pursuant to law at 
                        specific rates, adjust such rates (including the 
                        adjustment of such specific rates to maximum pay 
                        rates) and, in the case of all other personnel 
                        whose pay is disbursed by the Secretary of the 
                        Senate, adjust only the minimum or maximum rates 
                        applicable to such other personnel; and
                            (2) adjust any limitation or allowance 
                        applicable to such personnel;

            by percentages which are equal or equivalent, insofar as 
            practicable and with such exceptions as may be necessary to 
            provide for appropriate pay relationships between positions, 
            to the percentages of the adjustments made by the President 
            under such section 5303 (and, as the case may be, section 
            5304 or 5304a of such title, as applied to employees

[[Page 319]]

            employed in the pay locality of Washington, D.C.-Baltimore, 
            Maryland consolidated metropolitan statistical area) for 
            corresponding rates of pay for employees subject to the 
            General Schedule contained in section 5332 of such title and 
            adjust the rates of such personnel by such amounts as 
            necessary to restore the same pay relationships that existed 
            on December 31, 1986, between personnel and Senators and 
            between positions. Such rates, limitations, and allowances 
            adjusted by the President pro tempore shall become effective 
            on the first day of the month in which any adjustment 
            becomes effective under such section 5303 or section 3(c) of 
            this Act.

                (b) The adjustments made by the President pro tempore 
            shall be made in such manner as he considers advisable and 
            shall have the force and effect of law.
                (c) Nothing in this section shall impair any authority 
            pursuant to which rates of pay may be fixed by 
            administrative action.
                (d) No rate of pay shall be adjusted under the 
            provisions of this section to an amount in excess of the 
            rate of basic pay for level III of the Executive Schedule 
            contained in section 5314 of Title 5, except in cases in 
            which it is necessary to restore and maintain the same pay 
            relationships that existed on December 31, 1986, between 
            personnel and Senators and between positions.
                (e) Any percentage used in any statute specifically 
            providing for an adjustment in rates of pay in lieu of an 
            adjustment made under section 5303 of Title 5, and, as the 
            case may be, section 5304 or 5304a of such title for any 
            calendar year shall be treated as the percentage used in an 
            adjustment made under such section 5303, 5304, or 5304a, as 
            applicable, for purposes of subsection (a).
                (f) For purposes of this section, the term ``personnel'' 
            does not include any Senator. (Pub.L. 91-656, Sec. 4, Jan. 
            8, 1971, 84 Stat. 1952, Pub.L. 92-298, Sec. 3(a), May 17, 
            1972, 86 Stat. 146; Pub.L. 92-392, Sec. 14(a), Aug. 19, 
            1972, 86 Stat. 575; Pub.L. 94-82; Title II, Sec. 204(d), 
            Aug. 9, 1975, 89 Stat. 422; Pub.L. 100-202, Sec. 101(i) 
            [Title III, Sec. 311(a), (b)], Dec. 22, 1987, 101 Stat. 
            1329-310; Pub.L. 101-509, Title V, Sec. 529 [Title I, 
            Sec. 101(b)(4)(E)], Nov. 5, 1990, 104 Stat. 1440; Pub.L. 
            106-554, Sec. 1(a)(2) [Title 1, Sec. 2], Dec. 21, 2000, 114 
            Stat. 2763, 2763A-96.)
       355  Sec. 60a-1a. Rates of compensation paid by Secretary of 
                Senate; 
                applicability of Senate pay adjustments by President pro 
                tempore of Senate.
                No provision of this Act or of any Act enacted after 
            October 1, 1976, which specifies a rate of compensation 
            (including a maximum rate) for any position or employee 
            whose compensation is disbursed by the Secretary of the 
            Senate shall, unless otherwise specifically provided 
            therein, be construed to affect the applicability of section 
            60a-1 of this title to such rate. (Pub.L. 94-440, Title I, 
            Sec. 107, Oct. 1, 1976, 90 Stat. 1444.)
       356  Sec. 60a-1b. Senate pay adjustments; action by President pro 

                tempore of Senate.
                (a) Whenever, after November 5, 1990, there is an 
            adjustment in rates of pay for Senators (other than an 
            adjustment which occurs by virtue of an adjustment under 
            section 5303 of Title 5 in rates of pay under the General 
            Schedule), the President pro tempore of the Senate may, 
            notwithstanding any other provision of law, rule, or 
            regulation, adjust the rate of pay (and any minimum or 
            maximum rate, limitation,

[[Page 320]]

            or allowance) applicable to personnel whose pay is disbursed 
            by the Secretary of the Senate to the extent necessary to 
            maintain the same pay relationships that existed on December 
            31, 1986, between personnel and Senators and between 
            positions.
                (b) Adjustments made by the President pro tempore under 
            this section shall be made in such manner as he considers 
            advisable and shall have the force and effect of law. 
            (Pub.L. 101-520, Title III, Sec. 315, Nov. 5, 1990, 104 
            Stat. 2283; Pub.L. 102-90, Title III, Sec. 308, Aug. 14, 
            1991, 105 Stat. 466.)
       357  Sec. 60c-1. Vice President, Senators, officers, and 
                employees paid by Secretary of Senate; payment of 
                salary; advance payment.
                The compensation of the Vice President, Senators, and 
            officers and employees, whose compensation is disbursed by 
            the Secretary of the Senate, shall be payable on the fifth 
            day of the month following the month in which such 
            compensation accrued, except that--
                            (1) [Repealed]
                            (2) when such fifth or twentieth day falls 
                        on Saturday, Sunday, or on a legal holiday 
                        (including any holiday on which the banks of the 
                        District of Columbia are closed pursuant to 
                        law), such compensation shall be payable on the 
                        next preceding workday; and
                            (3) any part of such compensation accrued 
                        for any month may, in the discretion of the 
                        Secretary of the Senate, be paid prior to the 
                        day specified in the preceding provisions of 
                        this section.
                For purposes of the Title 26 and for accounting and 
            reporting purposes, disbursements made in accordance with 
            this section on the fifth day of a month, or on the next 
            preceding workday if such fifth day falls on Saturday, 
            Sunday, or a legal holiday, shall be considered to have been 
            made on the last day of the preceding month. (Pub.L. 86-426, 
            Sec. 1, Apr. 20, 1960, 74 Stat. 53; Pub.L. 92-136, Sec. 6, 
            Oct. 11, 1971, 85 Stat. 378; Pub.L. 96-38, Sec. 108(a), July 
            25, 1979, 93 Stat. 113; Pub.L. 97-51, Sec. Sec. 111(a), 
            112(a), Oct. 1, 1981, 95 Stat. 962; Pub.L. 97-257, Title I, 
            Sec. 105(a), Sept. 10, 1982, 96 Stat. 849; Pub.L. 99-514, 
            Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
       358  Sec. 60c-2. Repealed (Pub.L. 97-258, Sec. 5(b), Sept. 13, 
                1982, 96 Stat. 1081).
            Note
                The Secretary of the Senate is authorized and directed, 
            if requested by an individual whose compensation is 
            disbursed by the Secretary, to pay the compensation by 
            sending a check to a financial organization designated by 
            the individual. See Sec. 3332 of Title 31, Money and 
            Finance, Senate Manual section 1472.
       359  Sec. 60c-2a. Banking and financial transactions of Secretary 
                of 
                Senate.
            (a) Reimbursement of banks for costs of clearing items for 
                Senate
                The Secretary of the Senate is authorized to reimburse 
            any bank which clears items for the United States Senate for 
            the costs incurred therein. Such reimbursements shall be 
            made from the contingent fund of the Senate.
            (b) Check cashing regulations for Disbursing Office of 
                Senate
                The Secretary of the Senate is authorized to prescribe 
            such regulations as he deems necessary to govern the cashing 
            of personal checks by the Disbursing Office of the Senate.

[[Page 321]]

            (c) Amounts withheld from disbursements for employee 
                indebtedness
                Whenever an employee whose compensation is disbursed by 
            the Secretary of the Senate becomes indebted to the Senate 
            and such employee fails to pay such indebtedness, the 
            Secretary of the Senate is authorized to withhold the amount 
            of the indebtedness from any amount which is disbursed by 
            him and which is due to, or on behalf of, such employee. 
            Whenever an amount is withheld under this section, the 
            appropriate account shall be credited in an amount equal to 
            the amount so withheld. (Pub.L. 94-440, Title I, Sec. 104, 
            Oct. 1, 1976, 90 Stat. 1443.)
       360  Sec. 60c-3. Withholding and remittance of State income tax 
                by 
                Secretary of Senate.
            (a) Agreement by Secretary with appropriate State official; 
                covered individuals
                Whenever--
                            (1) the law of any State provides for the 
                        collection of an income tax by imposing upon 
                        employers generally the duty of withholding sums 
                        from the compensation of employees and remitting 
                        such sums to the authorities of such State; and
                            (2) such duty to withhold is imposed 
                        generally with respect to the compensation of 
                        employees who are residents of such State;

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

                                (A) whose pay is disbursed by the 
                            Secretary; and

                                (B) who request the Secretary to make 
                            such withholdings for remittance to that 
                            State.

            (b) Number of remittances authorized
                Any agreement entered into under subsection (a) of this 
            section shall not require the Secretary to remit such sums 
            more often than once each calendar quarter.
            (c) Requests by individuals of Secretary for withholding and 

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

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

                            (A) when the Secretary first enters into an 
                        agreement with a State, a request for 
                        withholdings shall be effective on such date as 
                        the Secretary may determine; and

[[Page 322]]

                            (B) when an individual first receives an 
                        appointment, the request shall be effective on 
                        the day of appointment, if the individual makes 
                        the request at the time of appointment.
                (3) An individual may change the State designated by him 
            for the purposes of having withholdings made and request 
            that the withholdings be remitted in accordance with such 
            change, and he may also revoke his request for withholdings. 
            Any change in the State designated or revocation is 
            effective on the first day of the first month commencing 
            after the day on which the request for change or the 
            revocation is received in the Disbursing Office.
                (4) The Secretary is authorized to issue rules and 
            regulations he considers appropriate in carrying out this 
            subsection.
            (d) Time or times of agreements by Secretary
                The Secretary may enter into agreements under subsection 
            (a) of this section at such time or times as he considers 
            appropriate.
            (e) Provisions as not imposing duty, burden, requirement or 
                penalty upon the United States, Senate, or any officer 
                or employee of the United States; effect of filing 
                paper, form, or document with Secretary
                This section imposes no duty, burden, or requirement 
            upon the United States, the Senate, or any officer or 
            employee of the United States, except as specifically 
            provided in this section. Nothing in this section shall be 
            deemed to consent to the application of any provision of law 
            which has the effect of subjecting the United States, the 
            Senate, or any officer or employee of the United States to 
            any penalty or liability by reason of the provisions of this 
            section. Any paper, form, or document filed with the 
            Secretary under this section is a paper of the Senate within 
            the provisions of rule XI \1\ of the Standing Rules of the 
            Senate.
                \1\ Changed from ``rule XXX'' as a result of the 
                adoption of S. Res. 274, Nov. 14, 1979, and S. Res. 389, 
                Mar. 25, 1980, 96th Cong.
            (f) ``State'' defined
                For the purposes of this section, ``State'' means any of 
            the States of the United States and the District of 
            Columbia. (Pub.L. 93-371, Sec. 101(2), Aug. 13, 1974, 88 
            Stat. 427.)
       361  Sec. 60c-4. Withholding of charitable contributions from 
                salaries paid by Secretary of Senate and from employees 
                of Architect of Capitol.
            (a) Definitions
                For purposes of this section, the term--
                            (1) ``Secretary'' means the Secretary of the 
                        Senate; and
                            (2) ``Architect'' means the Architect of the 
                        Capitol.
            (b) Notice; deduction and transmission
                (1) The Secretary and the Architect shall notify 
            individuals whose pay is disbursed by the Secretary or who 
            are employees of the Architect, including employees of the 
            Botanic Garden or the Senate Restaurants of the opportunity 
            to have amounts withheld from their pay pursuant to this 
            section for contribution to national voluntary health and 
            welfare agencies designated by the Director of the Office of 
            Personnel Management pursuant to Executive Order 12353, 
            dated March 23, 1982.

[[Page 323]]

                (2) Upon request by such an individual specifying the 
            amount to be withheld and one Combined Federal Campaign 
            Center in the Washington metropolitan area to receive such 
            amount, the Secretary, the Architect, or any other officer 
            who disburses the pay of such individual, as the case may 
            be, shall--
                            (A) withhold such amount from the pay of 
                        such individual; and
                            (B) transmit (not less than once each 
                        calendar quarter) the amount so withheld to the 
                        Combined Federal Campaign Center as specified in 
                        such request.
            (c) Time of withholding and transmission
                The Secretary and the Architect shall, to the extent 
            practicable, carry out subsection (b) of this section at or 
            about the time of the Combined Federal Campaign and other 
            fundraising in the executive branch of the Federal 
            Government conducted pursuant to Executive Order 12353, 
            dated March 23, 1982, and at such other times as each such 
            officer deems appropriate.
            (d) Amount
                (1) No amount shall be withheld under subsection (b) of 
            this section from the pay of any individual for any pay 
            period if the amount of such pay for such period is less 
            than the sum of--
                            (A) the amount specified to be withheld from 
                        such pay under subsection (b) of this section 
                        for such period; plus
                            (B) the amount of all other withholdings 
                        from such pay for such period.
                (2) No amount may be specified by an individual to be 
            withheld for any pay period under subsection (b) of this 
            section which is less than--
                            (A) 50 cents, if the pay period of such 
                        individual is biweekly or semimonthly; or
                            (B) $1, if the pay period of such individual 
                        is monthly.
            (e) Provisions as not imposing duty, burden, requirement or 
                penalty on United States, Senate, or any officer or 
                employee of United States; effect of filing paper
                This section imposes no duty, burden, or requirement 
            upon the United States, the Senate, or any officer or 
            employee of the United States, except as specifically 
            provided in this section. Nothing in this section shall be 
            deemed to consent to the application of any provision of law 
            which has the effect of subjecting the United States, the 
            Senate, or any officer or employee of the United States to 
            any penalty or liability by reason of the provisions of this 
            section. Any paper, form, document, or any other item filed 
            with the Secretary under this section is a paper of the 
            Senate within the provisions of rule XI of the Standing 
            Rules of the Senate.
            (f) Rules and regulations
                The Secretary and the Architect are authorized to issue 
            rules and regulations they consider appropriate in carrying 
            out their duties under this section. (Pub.L. 95-470, Oct. 
            17, 1978, 92 Stat. 1323; 1978 Reorg. Plan No. 2, Sec. 102, 
            eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

[[Page 324]]


       362  Sec. 60c-5 Student loan repayment program.
            (a) Definitions
                In this section:
                            (1) Eligible employee

                                The term ``eligible employee'' means an 
                            individual--

                                        (A) who is an employee of the 
                                    Senate; and

                                        (B) whose rate of pay as an 
                                    employee of the Senate, on the date 
                                    on which such eligibility is 
                                    determined, does not exceed the rate 
                                    of basic pay for an employee for a 
                                    position at ES-1 of the Senior 
                                    Executive Schedule as provided for 
                                    in subchapter VIII of chapter 53 of 
                                    Title 5, United States Code 
                                    (including any locality pay 
                                    adjustment applicable to the 
                                    Washington, D.C.-Baltimore, Maryland 
                                    consolidated metropolitan 
                                    statistical area).

                            (2) Employee of the Senate

                                The term ``employee of the Senate'' has 
                            the meaning given the term in section 101 of 
                            the Congressional Accountability Act of 1995 
                            (2 U.S.C. 1301).

                            (3) Employing Office

                                The term ``employing office'' means the 
                            employing office, as defined in section 101 
                            of the Congressional Accountability Act of 
                            1995 (2 U.S.C. 1301), of an employee of the 
                            Senate.

                            (4) Secretary

                                The term ``Secretary'' means the 
                            Secretary of the Senate.

                            (5) Student loan

                                The term ``student loan'' means--

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

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

            (b) Senate student loan repayment program
                (1) Service Agreements
                            (A) In general

                                The head of an employing office and an 
                            eligible employee may enter into a written 
                            service agreement under which--

                                        (i) the employing office shall 
                                    agree to repay, by direct payments 
                                    on behalf of the eligible employee, 
                                    any student loan indebtedness of the 
                                    eligible employee that is 
                                    outstanding at the time the eligible 
                                    employee and the employing office 
                                    enter into the agreement, subject to 
                                    this section; and

                                        (ii) the eligible employee shall 
                                    agree to complete the 1-year 
                                    required period of employment 
                                    described in subsection (c)(1) with 
                                    the employing office in exchange for 
                                    the student loan payments.

                            (B) Contents of service agreements

                                (i) Contents

                                        A service agreement under this 
                                    paragraph shall contain--

[[Page 325]]

                                                (I) the start and end 
                                            dates of the required period 
                                            of employment covered by the 
                                            agreement,
                                                (II) the monthly amount 
                                            of the student loan payments 
                                            to be provided by the 
                                            employing office;
                                                (III) the employee's 
                                            agreement to reimburse the 
                                            Senate under the conditions 
                                            set forth in subsection 
                                            (d)(1);
                                                (IV) disclosure of the 
                                            program limitations provided 
                                            for in subsection (d)(4) and 
                                            paragraphs (2), (3), (6), 
                                            and (7) of subsection (f);
                                                (V) other terms to which 
                                            the employing office and 
                                            employee agree (such as 
                                            terms relating to job 
                                            responsibilities or job 
                                            performance expectations); 
                                            and
                                                (VI) any other terms 
                                            prescribed by the Secretary.

                                (ii) Standard service agreements

                                        The Secretary shall establish 
                                    standard service agreements for 
                                    employing offices to use in carrying 
                                    out this section.

                (2) Submission of agreements
                            On entering into a service agreement under 
                        this section, the employing office shall submit 
                        a copy of the service agreement to the 
                        Secretary.
            (c) Program conditions
                (1) Period of employment
                            The term of the required period of 
                        employment under a service agreement under this 
                        section shall be 1 year. On completion of the 
                        required period of employment under such a 
                        service agreement, the eligible employee and the 
                        employing office may enter into additional 
                        service agreements for successive 1-year periods 
                        of employment.
                (2) Amount of payments
                            (A) In general

                                The amount of student loan payments made 
                            under service agreements under this section 
                            on behalf of an eligible employee may not 
                            exceed--

                                        (i) $500 in any month, or

                                        (ii) a total of $40,000.

                            (B) Payments included in gross compensation 
                        limitations

                                Any student loan payment made under this 
                            section in any month may not result in the 
                            sum of the payment and the compensation of 
                            an employee for that month exceeding \1/12\ 
                            of the applicable annual maximum gross 
                            compensation limitation under section 
                            105(d)(2), (e), or (f) of the Legislative 
                            Branch Appropriation Act, 1968 (2 U.S.C. 61-
                            1(d)(2), (e), or (f)).

                (3) Timing of payments
                            Student loan payments made under this 
                        section under a service agreement shall begin 
                        the first day of the pay period after the date 
                        on which the agreement is signed and received by 
                        the Secretary, and shall be made on a monthly 
                        basis.
            (d) Loss of eligibility for student loan payments and 
                obligation to reimburse
                (1) In general
                            An employee shall not be eligible for 
                        continued student loan payments under a service 
                        agreement under this section and (except

[[Page 326]]

                        in a case in which an employee's duty is 
                        terminated under paragraph (2) or an employing 
                        office assumes responsibilities under paragraph 
                        (3)) shall reimburse the Senate for the amount 
                        of all student loan payments made on behalf of 
                        the employee under the agreement, if, before the 
                        employee completes the required period of 
                        employment specified in the agreement--

                                (A) the employee voluntarily separates 
                            from service with the employing office;

                                (B) the employee engages in misconduct 
                            or does not maintain an acceptable level of 
                            performance, as determined by the head of 
                            the employing office; or

                                (C) the employee violates any condition 
                            of the agreement.

                (2) Termination of agreement
                            The duty of an eligible employee to fulfill 
                        the required period of employment under the 
                        service agreement shall be terminated if--

                                (A) funds are not made available to 
                            cover the cost of the student loan repayment 
                            program carried out under this section; or

                                (B) the employee and the head of the 
                            employing office involved mutually agree to 
                            terminate the service agreement under 
                            subsection (f)(7).

                (3) Another employing office
                            An employing office who hires an eligible 
                        employee during a required period of employment 
                        under such a service agreement may assume the 
                        remaining obligations (as of the date of the 
                        hiring) of the employee's prior employing office 
                        under the agreement.
                (4) Failure of employee to reimburse
                            If an eligible employee fails to reimburse 
                        the Senate for the amount owed under paragraph 
                        (1), such amount shall be collected--

                                (A) under section 104(c) of the 
                            Legislative Appropriation Act, 1977 (2 
                            U.S.C. 60c-2a(c)) or section 5514 of Title 
                            5, United States Code, if the eligible 
                            employee is employed by any other office of 
                            the Senate or agency of the Federal 
                            Government; or

                                (B) under other applicable provisions of 
                            law if the eligible employee is not employed 
                            by any other office of the Senate or agency 
                            of the Federal Government.

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

[[Page 327]]

                                (A) the number of eligible employees 
                            that received student loan payments under 
                            this section; and

                                (B) the costs of such payments, 
                            including--

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

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

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

                (2) Confidentiality
                            Such report shall not include any 
                        information which is considered confidential or 
                        could disclose the identity of individual 
                        employees or employing offices. Information 
                        required to be contained in the report of the 
                        Secretary under section 105(a) of the 
                        Legislative Branch Act, 1965 (2 U.S.C. 104a) 
                        shall not be considered to be personal 
                        information for purposes of this paragraph.
            (f) Other administrative matters
                (1) Account
                            (A) In general

                                The Secretary shall establish and 
                            maintain a central account from which 
                            student loan payments available under this 
                            section shall be paid on behalf of eligible 
                            employees.

                            (B) Office subaccounts

                                The Secretary shall ensure that, within 
                            the account established under subparagraph 
                            (A), a separate subaccount is established 
                            for each employing office to be used by each 
                            such office to make student loan payments 
                            under this section. Such student loan 
                            payments shall be made from any funds 
                            available to the employing office for 
                            student loan payments that are contained in 
                            the subaccount for the office.

                            (C) Limitation

                                Amounts in each subaccount established 
                            under this paragraph shall not be made 
                            available for any purpose other than to make 
                            student loan payments under this section.

                (2) Beginning of payments
                            Student loan payments may begin under this 
                        section with respect to an eligible employee 
                        upon--

                                (A) the receipt by the Secretary of a 
                            signed service agreement; and

                                (B) verification by the Secretary with 
                            the holder of the loan that the eligible 
                            employee has an outstanding student loan 
                            balance that qualifies for payment under 
                            this section.

                (3) Limitation
                            Student loan payments may be made under this 
                        section only with respect to the amount of 
                        student loan indebtedness of the eligible 
                        employee that is outstanding on the date on 
                        which the employee and the employing office 
                        enter into a service agreement under this 
                        section. Such payments may not be made under 
                        this section on a student loan that is in 
                        default or arrears.
                (4) Payment on multiple loans

[[Page 328]]

                            Student loan payments may be made under this 
                        section with respect to more than 1 student loan 
                        of an eligible employee at the same time or 
                        separately, if the total payments on behalf of 
                        such employee do not exceed the limits under 
                        subsection (c)(2)(A).
                (5) Treatment of payments
                            Student loan payments made on behalf of an 
                        eligible employee under this section shall be in 
                        addition to any basic pay and other forms of 
                        compensation otherwise payable to the eligible 
                        employee, and shall be subject to withholding 
                        for income and employment tax obligations as 
                        provided for by law.
                (6) No relief from liability
                            An agreement to make student loan payments 
                        under this section shall not exempt an eligible 
                        employee from the responsibility or liability of 
                        the employee with respect to the loan involved 
                        and the eligible employee shall continue to be 
                        responsible for making student loan payments on 
                        the portion of any loan that is not covered 
                        under the terms of the service agreement.
                (7) Reduction in payments
                            Notwithstanding the terms of a service 
                        agreement under this section, the head of an 
                        employing office may reduce the amount of 
                        student loan payments made under the agreement 
                        if adequate funds are not available to such 
                        office. If the head of the employing office 
                        decides to reduce the amount of student loan 
                        payments for an eligible employee, the head of 
                        the office and the employee may mutually agree 
                        to terminate the service agreement.
                (8) No right to continued employment
                            A service agreement under this section shall 
                        not be construed to create a right to, promise 
                        of, or entitlement to the continued employment 
                        of the eligible employee.
                (9) No entitlement
                            A student loan payment under this section 
                        shall not be construed to be an entitlement for 
                        any eligible employee.
                (10) Treatment of payments
                            A student loan payment under this section--

                                (A) shall not be basic pay of an 
                            employee for purposes of chapters 83 and 84 
                            of Title 5, United States Code (relating to 
                            retirement) and chapter 87 of such title 
                            (relating to life insurance coverage); and

                                (B) shall not be included in Federal 
                            wages for purposes of chapter 85 of such 
                            title (relating to unemployment 
                            compensation).

            (g) Allocation of funds
                (1) Maximum amount
                            In this subsection, the term ``maximum 
                        amount,'' used with respect to a fiscal year, 
                        means--

                                (A) in the case of an employing office 
                            described in subsection (h)(1)(A), the 
                            amount described in that subsection for that 
                            fiscal year; and

                                (B) In the case of an employing office 
                            described in subsection (h)(1)(B), the 
                            amount described in that subsection for that 
                            fiscal year.

                (2) Allocation

[[Page 329]]

                            From the total amount made available to 
                        carry out this section for a fiscal year, there 
                        shall be allocated to each employing office for 
                        that fiscal year--

                                (A) the maximum amount for that 
                            employing office for that fiscal year; or

                                (B) if the total amount is not 
                            sufficient to provide the maximum amount to 
                            each employing office, an amount that bears 
                            the same relationship to the total amount as 
                            the maximum amount for that employing office 
                            for that fiscal year bears to the total of 
                            the maximum amounts for all employing 
                            offices for that fiscal year.

                (3) Apportionment
                            In the case of an employing office that is a 
                        Committee of the Senate, the funds allocated 
                        under this subsection shall be apportioned 
                        between the majority and minority staff of the 
                        committee in the same manner as amounts are 
                        apportioned between the staffs for salaries.
            (h) Authorization of appropriations
                (1) In general
                            There are authorized to be appropriated (or 
                        otherwise made available from appropriations) to 
                        carry out this section the following amounts for 
                        each fiscal year:

                                (A) For each employing office that is 
                            the personal office of a Senator, an amount 
                            equal to 2 percent of the total sums 
                            appropriated for the fiscal year involved 
                            for administrative and clerical salaries for 
                            such office.

                                (B) For each other employing office, an 
                            amount equal to 2 percent of the total sums 
                            appropriated for the fiscal year involved 
                            for salaries for such office.

                (2) Limitation
                            Amounts provided under this section shall be 
                        subject to annual appropriations.
            (i) Effective date
                This section shall apply to fiscal year 2002 and each 
            fiscal year thereafter.
                (Pub.L. 107-68, Title I, Sec. 102, Nov. 12, 2001, 115 
            Stat. 563; Pub.L. 107-117, Div. B, Ch. 9, Sec. 916, Jan. 10, 
            2002, 115 Stat. 2324.)
       363  Sec. 60j. Longevity compensation. \1\
                \1\ The application of this section is restricted by 
                section 60j-4 of this section.
            (a) Eligible employees
                This section shall apply to--
                            (1) each employee of the Senate whose 
                        compensation is paid from the appropriation for 
                        Salaries, Officers and Employees under the 
                        following headings:

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

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

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

[[Page 330]]

                            (2) each employee of the Senate authorized 
                        by Senate resolution to be appointed by the 
                        Secretary of the Senate or the Sergeant at Arms 
                        and Doorkeeper, except employees designated as 
                        ``special employees''; and
                            (3) each employee of the Capitol Guide 
                        Service established under section 851 of Title 
                        40.
            (b) Rate of compensation; limitation on increases; 
                computation of service; effective date of payment
                (1) Except as provided in paragraph (2), an employee to 
            whom this section applies shall be paid, during any period 
            of continuous creditable service, additional annual 
            compensation (hereinafter referred to as ``longevity 
            compensation'') at the rate of $482 for (A) each year of 
            creditable service performed for the first five years and 
            (B) each two years of creditable service performed during 
            the twenty-year period following the first five years.
                (2) The amount of longevity compensation which may be 
            paid to an employee, when added to his regular annual 
            compensation, shall not exceed the maximum annual 
            compensation which may be paid to Senate employees generally 
            as prescribed by law or orders of the President pro tempore 
            issued under authority of section 60a-1 of this title.
                (3) For purposes of this section--
                            (A) creditable service includes (i) service 
                        performed as an employee described in subsection 
                        (a) of this section, (ii) service performed as a 
                        member of the Capitol Police or as an employee 
                        of the United States Capitol Telephone Exchange 
                        while compensation therefor is disbursed by the 
                        Clerk of the House of Representatives, and (iii) 
                        service which is creditable for purposes of this 
                        section as in effect on September 30, 1978;
                            (B) in computing length of continuous 
                        creditable service, only creditable service 
                        performed subsequent to August 31, 1957, shall 
                        be taken into account, except that, in the case 
                        of service as an employee employed under 
                        authority of section 74b of this title, only 
                        creditable service performed subsequent to 
                        January 2, 1971, shall be taken into account; 
                        and
                            (C) continuity of creditable service shall 
                        not be deemed to be broken by separations from 
                        service of not more than thirty days, by the 
                        performance of service as an employee (other 
                        than an employee subject to the provisions of 
                        this section) whose compensation is disbursed by 
                        the Secretary of the Senate or the Clerk of the 
                        House of Representatives, or by the performance 
                        of active military service in the armed forces 
                        of the United States, but periods of such 
                        separations and service shall not be creditable 
                        service.
                (4) Longevity compensation shall be payable on and after 
            the first day of the first month following completion of 
            each period of creditable service upon which such 
            compensation is based. (Pub.L. 87-730, Sec. 106 (a), (b), 
            (d), Oct. 2, 1962, 76 Stat. 694, 695, Pub.L. 88-454, 
            Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub.L. 90-57, 
            Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub.L. 90-206, 
            Title II, Sec. Sec. 214(n), 225(h), Dec. 16, 1967, 81 Stat. 
            637, 644; Pub.L. 91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 
            1952; Pub.L. 93-371, Sec. 101, Aug. 13, 1974, 88 Stat. 436; 
            Pub.L. 95-240, Title II, Sec. 205, Mar. 7, 1978, 92 Stat. 
            117; Pub.L. 95-391, Title I, Sec. 110(a), Sept. 30, 1978, 92 
            Stat. 774; Pub.L. 96-304, Title I, Sec. 107(b), July 8, 
            1980, 94 Stat. 890.)

[[Page 331]]


       364  Sec. 60j-1. Capitol Police longevity compensation.
                Any member of the Capitol Police who by reason of the 
            provision repealed by subsection (b) \1\ was receiving 
            immediately prior to September 1, 1964, longevity 
            compensation provided by section 105 of the Legislative 
            Branch Appropriation Act, 1959,\2\ shall, on and after 
            September 1, 1964, receive in lieu thereof a longevity 
            increase under section 60j(b) of this title, in addition to 
            any other such increases (not to exceed three) to which he 
            may otherwise be entitled under such section. In computing 
            the length of service of such member for the purpose of such 
            other increases, only service performed subsequent to the 
            date on which he began receiving longevity compensation in 
            accordance with such section 105 shall be counted. (Pub.L. 
            88-454, Sec. 104(c), Aug. 20, 1964, 78 Stat. 550.)
                \1\ Refers to second sentence of section 106(d) of 
                Legislative Branch Appropriation Act, 1963, repealed by 
                section 104(b) of Legislative Branch Appropriation Act, 
                1965.
                \2\ Section 105 of Legislative Branch Appropriation Act, 
                1959, repealed by section 106(d) of Legislative Branch 
                Appropriation Act, 1963.
       365  Sec. 60j-2. Longevity compensation for telephone operators 
                on United States Capitol telephone exchange and members 
                of Capitol Police paid by Chief Administrative Officer 
                of House.
                The provisions of subsections (a) and (b) of section 60j 
            of this title (as amended by section 110 of Pub.L. 95-391), 
            shall apply to telephone operators (including the chief 
            operator and assistant chief operators) on the United States 
            Capitol telephone exchange and members of the Capitol Police 
            whose compensation is disbursed by the Chief Administrative 
            Officer of the House of Representatives in the same manner 
            and to the same extent as such provisions apply to 
            individuals whose compensation is disbursed by the Secretary 
            of the Senate. For purposes of so applying such subsections, 
            creditable service shall include service performed as an 
            employee of the United States Capitol telephone exchange or 
            a member of the Capitol Police whether compensation therefor 
            is disbursed by the Chief Administrative Officer of the 
            House of Representatives or the Secretary of the Senate. 
            (Pub.L. 95-391, Title III, Sec. 310, Sept. 30, 1978, 92 
            Stat. 790; Pub.L. 104-186, Title II, Sec. 204(8), Aug. 20, 
            1996, 110 Stat. 1731.)
       366  Sec. 60j-3. Repealed (Pub.L. 97-276, Sec. 101(e), Oct. 2, 
                1982, 96 Stat. 1189).

  

       367  Sec. 60j-4. Longevity compensation not applicable to 
                individuals paid by Secretary of Senate; savings 
                provision.
                Section 60j of this title on or after October 1, 1983 
            shall not apply to any individual whose pay is disbursed by 
            the Secretary of the Senate; except that, any individual who 
            prior to such date was entitled to longevity compensation 
            under such subsections on the basis of service performed 
            prior to such date shall continue to be entitled to such 
            compensation, but no individual shall accrue any longevity 
            compensation on the basis of service performed on or after 
            such date. (Pub.L. 98-51, Sec. 107, July 14, 1983, 97 Stat. 
            267.)

[[Page 332]]


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

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

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

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

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

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

[[Page 333]]


       369  Sec. 60p. Payment for unaccrued leave.
            (a) In general
                The Financial Clerk of the Senate is authorized to 
            accept from an individual whose pay is disbursed by the 
            Secretary of \1\ Senate a payment representing pay for any 
            period of unaccrued annual leave used by that individual, as 
            certified by the head of the employing office of the 
            individual making the payment.
                \1\ So in original. Probably should be followed by 
                ``the''.
            (b) Withholding
                The Financial Clerk of the Senate is authorized to 
            withhold the amount referred to in subsection (a) of this 
            section from any amount which is disbursed by the Secretary 
            of the Senate and which is due to or on behalf of the 
            individual described in subsection (a) of this section.
            (c) Deposit
                Any payment accepted under this section shall be 
            deposited in the general fund of the Treasury as 
            miscellaneous receipts.
            (d) ``Head of the employing office'' defined
                As used in this section, the term ``head of the 
            employing office'' means any person with the final authority 
            to appoint, hire, discharge, and set the terms, conditions, 
            or privileges of the employment of an individual whose pay 
            is disbursed by the Secretary of the Senate.
            (e) Applicability
                This section shall apply to fiscal year 1996 and each 
            fiscal year thereafter. (Pub.L. 104-197, Title I, Sec. 9, 
            Sept. 16, 1996, 110 Stat. 2398.)
       370  Sec. 61. Limit on rate of compensation of Senate officers 
                and employees.
                No officer or employee of the Senate shall receive pay 
            for any services performed by him at any rate higher than 
            that provided for the office or employment to which he has 
            been regularly appointed. (Aug. 5, 1882, Ch. 390, Sec. 1, 22 
            Stat. 270.)
       371  Sec. 61-1. Gross rate of compensation of employees paid by 
                Secretary of Senate.
            (a) Annual rate; certification
                (1) Whenever the rate of compensation of any employee 
            whose compensation is disbursed by the Secretary of the 
            Senate is fixed or adjusted on or after October 1, 1980, 
            such rate as so fixed or adjusted shall be at a single whole 
            dollar per annum gross rate and may not include a fractional 
            part of a dollar.
                (2) New or changed rates of compensation (other than 
            changes in rates which are made by law) of any such employee 
            (other than an employee who is an elected officer of the 
            Senate) shall be certified in writing to the Disbursing 
            Office of the Senate (and, for purposes of this paragraph, a 
            new rate of compensation refers to compensation in the case 
            of an appointment, transfer from one Senate appointing 
            authority to another, or promotion by an appointing 
            authority to a position the compensation for which is fixed 
            by law). In the case of an appoint

[[Page 334]]

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

[[Page 335]]

                (c)(1) A Senator may designate employees in his office 
            to assist him in connection with his membership on 
            committees of the Senate. An employee may be designated with 
            respect to only one committee.
                (2) An employee designated by a Senator under this 
            subsection shall be certified by him to the chairman and 
            ranking minority member of the committee with respect to 
            which such designation is made. Such employee shall be 
            accorded all privileges of a professional staff member 
            (whether permanent or investigatory) of such committee 
            including access to all committee sessions and files, except 
            that any such committee may restrict access to its sessions 
            to one staff member per Senator at a time and require, if 
            classified material is being handled or discussed, that any 
            staff member possess the appropriate security clearance 
            before being allowed access to such material or to 
            discussion of it. Nothing contained in this paragraph shall 
            be construed to prohibit a committee from adopting policies 
            and practices with respect to the application of this 
            subsection which are similar to the policies and practices 
            adopted with respect to the application of section 705(c)(1) 
            of Senate Resolution 4, 95th Congress, and section 106(c)(1) 
            of the Supplemental Appropriations Act, 1977.
                (3) A Senator shall notify the chairman and ranking 
            minority member of a committee whenever a designation of an 
            employee under this subsection with respect to such 
            committee is terminated.
                Sec. 111(a) provides for an amount to be added to each 
            Senator's Official Personnel and Expense Account for 
            compensation of committee-related employees authorized under 
            subsection (c). This amount is subject to change annually by 
            Orders of the President pro tempore of the Senate issued 
            under authority of section 4 of the Federal Pay 
            Comparability Act of 1970. For the current figure consult 
            the Senate Disbursing Office.
                Sec. 111(b) repealed, effective the first day of the 
            100th Congress. (Oct. 21, 1987, Sec. 3, Pub.L. 100-137, 101 
            Stat. 819.)
            (e) Gross rate of compensation of employee of committee of 
                Senate employed by joint committee, select committee, or 
                standing committee
            Note
                This subsection sets forth the uniform maximum salary 
            that may be paid to all committee employees. These figures 
            are changed annually by Orders of the President pro tempore 
            of the Senate issued under authority of section 4 of the 
            Federal Pay Comparability Act of 1970. For the current 
            figures consult the Senate Disbursing Office.
            (f) General limitation
            Note
                This subsection sets forth the maximum and minimum 
            salaries which may be paid to Senate employees (other than 
            committee employees, employees in a Senator's office, and 
            employees serving in a position the salary of which is 
            prescribed by law). These figures are changed annually by 
            Orders of the President pro tempore of the Senate issued 
            under authority of section 4 of the Federal Pay 
            Comparability Act of 1970. For the current figures consult 
            the Senate Disbursing Office.
                (Pub.L. 90-57, Sec. 105 (a)-(f), (j), July 28, 1967, 81 
            Stat. 141-144; Pub.L. 90-206, Title II, Sec. 214(j)-(l), 
            Dec. 16, 1967, 81 Stat. 637; Pub.L. 91-145, Dec. 12, 1969, 
            83 Stat. 340; Pub.L. 91-510, Title III, Sec. 305, Oct. 26, 
            1970, 84 Stat. 1181; Pub.L. 91-656, Sec. 4, Jan. 8, 1971, 84 
            Stat. 1952; Pub.L. 92-184, Ch. IV, Dec. 15, 1971, 85 Stat. 
            633; Pub.L. 92-607, Ch. V, Sec. 505, Oct. 31, 1972, 86 Stat. 
            1505; Pub.L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub.L. 93-
            245, Ch. VI, Jan. 3, 1974, 87 Stat. 1078; Pub.L. 93-255, 
            Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub.L. 93-371, Aug. 13, 
            1974, 88 Stat. 430; Pub.L. 94-59, Title I, Sec. 102, July 
            25, 1975, 89 Stat. 274; Pub.L. 94-440, Title I, Sec. 101(a), 
            Oct. 1, 1976, 90 Stat. 1443; Pub.L. 95-94, Title I, 
            Sec. 111(d), Aug. 5, 1977, 91 Stat. 663; Pub.L.

[[Page 336]]

            95-391, Title I, Sec. 104(b), Sept. 30, 1978, 92 Stat. 772; 
            Pub.L. 95-482, Sec. 112, Oct. 18, 1978, 92 Stat. 1605; 
            Pub.L. 96-304, Title I, Sec. Sec. 107(a), 112(b)(1), July 8, 
            1980, 94 Stat. 890, 892; Pub.L. 98-181, Title I, 
            Sec. 1203(a), Nov. 30, 1983, 97 Stat. 1289; Pub.L. 98-367, 
            Title I, Sec. Sec. 3(a), 12(a), (b), July 17, 1984, 98 Stat. 
            475, 476; Pub.L. 100-71, Title I, Sec. 3(a), July 11, 1987, 
            101 Stat. 423; Pub.L. 100-137, Sec. 1(c)(1), Oct, 21, 1987, 
            101 Stat. 818; Pub.L. 100-202, Sec. 101(i), Dec. 22, 1987, 
            101 Stat. 1329-290; Pub.L. 104-186, Title II, Sec. 204(9), 
            Aug. 20, 1996, 110 Stat. 1731; Pub.L. 105-18, Title II, 
            Sec. 7001, June 12, 1997, 111 Stat. 192; Pub.L. 105-55, 
            Title I, Sec. 5, Oct. 7, 1997, 111 Stat. 1181; Pub.L. 105-
            275, Title I, Sec. 8, Oct. 21, 1998, 112 Stat. 2434; Pub.L. 
            106-57, Title I, Sec. 2, Sept. 29, 1999, 113 Stat. 411; 
            Pub.L. 107-68, Title I, Sec. 106, Nov. 12, 2001, 115 Stat. 
            568; Pub.L. 108-7, Div. H, Title I, Sec. 3, Feb. 20, 2003, 
            117 Stat. 349; Pub.L. 108-83, Title I, Sec. 1, Sept. 30, 
            2003, 117 Stat. 1010; Pub.L. 108-447, Div. G, Title I, 
            Sec. 1, Dec. 8, 2004, 118 Stat. 3168; Pub.L. 109-55, Title 
            I, Sec. 1, Aug 2, 2005, 119 Stat. 568; Pub.L. 110-161, Div. 
            H, Title I, Sec. 4, Dec. 26, 2007, 121 Stat. 2221; modified 
            by Orders of the President pro tempore of the Senate issued 
            under authority of section 4 of the Federal Pay 
            Comparability Act of 1970; July 8, 1980, Pub.L. 96-304, 
            Title I, Sec. 107(a), 94 Stat. 890.)
       372  Sec. 61-1a. Availability of appropriated funds for payment 
                to an individual of pay from more than one position; 
                conditions.
                Notwithstanding any other provision of law, appropriated 
            funds are available for payment to an individual of pay from 
            more than one position, each of which is either in the 
            office of a Senator and the pay of which is disbursed by the 
            Secretary of the Senate or is in another office and the pay 
            of which is disbursed by the Secretary of the Senate out of 
            an appropriation under the heading ``Salaries, Officers, and 
            Employees'', if the aggregate gross pay from those positions 
            does not exceed the maximum rate specified in section 61-
            1(d)(2) of this title. (Pub.L. 95-94, Title I, Sec. 114, 
            Aug. 5, 1977, 91 Stat. 665; Pub.L. 95-240, Title II, 
            Sec. 207, Mar, 7, 1978, 92 Stat. 117; Pub.L. 100-202, 
            Sec. 101(i) [Title I, Sec. 9], Dec. 22, 1987, 101 Stat. 
            1329-290, 1329-295.)
       373  Sec. 61-1b. Availability of appropriations during first 
                three months of any fiscal year for aggregate of 
                payments of gross 
                compensation made to employees from Senate appropriation 
                account for ``Salaries, Officers and Employees''.
                At no time during the first three months of any fiscal 
            year (commencing with the fiscal year which begins October 
            1, 1984) shall the aggregate of payments of gross 
            compensation made to employees out of any line item 
            appropriation within the Senate appropriation account for 
            ``Salaries, Officers and Employees'' (other than the line 
            item appropriations, within such account for 
            ``Administrative, clerical, and legislative assistance to 
            Senators'' and for ``Agency contributions'') exceed twenty-
            five per centum of the total amount available for such line 
            item appropriations for such fiscal year. (Pub.L. 98-367, 
            Title I, Sec. 4, July 17, 1984, 98 Stat. 475.)
       374  Sec. 61-1c. Aggregate gross compensation of employee of 
                Senator of State with population under 5,000,000.
                (a) Notwithstanding the provisions of section 61-1(d)(1) 
            of this title, and except as otherwise provided in 
            subparagraph (C) of such paragraph,

[[Page 337]]

            the aggregate of gross compensation paid employees in the 
            office of a Senator shall not exceed during each fiscal year 
            $1,012,083 if the population of his State is less than 
            5,000,000.
                (b) Subsection (a) of this section shall take effect 
            October 1, 1991. (Pub.L. 102-90, Title I, Sec. 5, Aug. 14, 
            1991, 105 Stat. 450.)
       375  Sec. 61a. Compensation of Secretary of Senate.
            Note
                Pursuant to Orders of the President pro tempore of the 
            Senate issued under authority of section 4 of the Federal 
            Pay Comparability Act of 1970, the annual rate of 
            compensation of the Secretary of the Senate is the same as 
            level III of the Executive Schedule (5 U.S.C. Sec. 5314), 
            but may not be more than $1,000 less than the annual rate of 
            compensation of a Senator.
       376  Sec. 61a-9. Advancement by Secretary of Senate of travel 
                funds to employees under his jurisdiction for Federal 
                Election Campaign Act travel expenses.
                The Secretary of the Senate is hereafter authorized to 
            advance, in his discretion, to any designated employee under 
            his jurisdiction, such sums as may be necessary, not 
            exceeding $1,500, to defray official travel expenses in 
            assisting the Secretary in carrying out his duties under the 
            Federal Election Campaign Act of 1971. Any such employee 
            shall, as soon as practicable, furnish to the Secretary a 
            detailed voucher for such expenses incurred and make 
            settlement with respect to any amount so advanced. (Pub.L. 
            92-607, Sec. 504, Oct. 31, 1972, 86 Stat. 1505.)
       377  Sec. 61a-9a. Travel expenses of Secretary of Senate; 
                advancement of travel funds to designated employees.
                For the purpose of carrying out his duties, the 
            Secretary of the Senate is authorized to incur official 
            travel expenses. The Secretary of the Senate is authorized 
            to advance, in his discretion, to any designated employee 
            under his jurisdiction, such sums as may be necessary, not 
            exceeding $1,000, to defray official travel expenses in 
            assisting the Secretary in carrying out his duties. Any such 
            employee shall, as soon as practicable, furnish to the 
            Secretary a detailed voucher for such expenses incurred and 
            make settlement with respect to any amount so advanced. 
            Payments to carry out the provisions of this section shall 
            be made from funds included in the appropriation 
            ``Miscellaneous Items'' under the heading ``Contingent 
            Expenses of the Senate'' upon vouchers approved by the 
            Secretary of the Senate. (Pub.L. 94-59, Sec. 101, July 25, 
            1975, 89 Stat. 273; Pub.L. 95-94, Title I, Sec. 106, Aug. 5, 
            1977, 91 Stat. 661; Pub.L. 95-355, Title I, Sec. 101, Sept. 
            8, 1978, 92 Stat. 533; Pub.L. 97-12, Sec. 102, June 5, 1981, 
            95 Stat. 61; Pub.L. 98-367, Sec. 1, July 17, 1984, 98 Stat. 
            474.)
       378  Sec. 61a-11. Abolition of statutory positions in Office of 
                Secretary of Senate; Secretary's authority to establish 
                and fix compensation for positions.
                Effective October 1, 1981, all statutory positions in 
            the Office of the Secretary (other than the positions of the 
            Secretary of the Senate, Assistant Secretary of the Senate, 
            Parliamentarian, Financial Clerk, and Director of the Office 
            of Classified National Security Information) are abolished, 
            and in lieu of the positions hereby abolished the Secretary 
            of the Senate is authorized to establish such number of 
            positions as he

[[Page 338]]

            deems appropriate and appoint and fix the compensation of 
            employees to fill the positions so established; except that 
            the annual rate of compensation payable to any employee 
            appointed to fill any position established by the Secretary 
            of the Senate shall not, for any period of time, be in 
            excess of $1,000 less than the annual rate of compensation 
            of the Secretary of the Senate for that period of time; and 
            except that nothing in this section shall be construed to 
            affect any position authorized by statute, if the 
            compensation for such position is to be paid from the 
            contingent fund of the Senate. (Pub.L. 97-51, Sec. 114, Oct. 
            1, 1981, 95 Stat. 963.)
       379  Sec. 61b. Compensation of Parliamentarian of Senate.
                The Parliamentarian of the Senate may be paid at a 
            maximum annual rate of compensation not to exceed $39,000. 
            (Aug. 5, 1955, Ch. 568, Sec. 1, 69 Stat. 499; June 27, 1956, 
            Ch. 453, Sec. 101, 70 Stat. 356; Aug. 13, 1974, Pub.L. 93-
            371, Sec. 4, 88 Stat. 429; July 25, 1975, Pub.L. 94-59, 
            Title I, Sec. 105, 89 Stat. 275.)
       380  Sec. 61b-3. Professional archivist; Secretary's authority to 
                obtain services from General Services Administration.
                For each fiscal year (beginning with the fiscal year 
            which ends September 30, 1982), the Secretary of the Senate 
            is authorized to expend from the contingent fund of the 
            Senate such amount as may be necessary to enable the 
            Secretary to obtain from the General Services Administration 
            the services of a professional archivist. Such services 
            shall be obtained on a reimbursable basis and shall not be 
            obtained except with the consent of the General Services 
            Administration and the Committee on Rules and 
            Administration. (Pub.L. 97-92, Title I, Sec. 125, Dec. 15, 
            1981, 95 Stat. 1198.)
       381  Sec. 61c-1. Adjustment of rate of compensation by Secretary 
                of 
                Senate.
                Any specific rate of compensation established by law, as 
            such rate has been increased or may hereafter be increased 
            by or pursuant to law, for any position under the 
            jurisdiction of the Secretary shall be considered as the 
            maximum rate of compensation for that position, and the 
            Secretary is authorized to adjust the rate of compensation 
            of an individual occupying any such position to a rate not 
            exceeding such maximum rate. (Pub.L. 91-382, Aug. 18, 1970, 
            84 Stat. 808.)
       382  Sec. 61c-2. Compensation of Assistants to Majority and 
                Minority in Office of Secretary of Senate.
                The Assistant to the Majority of the Senate and the 
            Assistant to the Minority of the Senate in the Office of the 
            Secretary of the Senate may each be paid a maximum annual 
            rate of compensation not to exceed $36,500. (Pub.L. 94-59, 
            Title I, Sec. 105, July 25, 1975, 89 Stat. 275.)
       383  Sec. 61d. Compensation of Chaplain of Senate.
                Effective with respect to pay periods beginning on or 
            after December 22, 1987, the Chaplain of the Senate shall be 
            compensated at a rate equal to the annual rate of basic pay 
            for level IV of the Executive Schedule under section 5315 of 
            Title 5. (Pub.L. 100-202, Sec. 101(i) [Title I, Sec. 2(a)], 
            Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.)

[[Page 339]]


       384  Sec. 61d-1. Compensation of employees of Chaplain of Senate.
                The Chaplain of the Senate may appoint and fix the 
            compensation of such employees as he deems appropriate, 
            except that the amount which may be paid for any fiscal year 
            as gross compensation for personnel in such Office for any 
            fiscal year shall not exceed $147,000. (Pub.L. 91-145, Dec. 
            12, 1969, 83 Stat. 340; Pub.L. 100-202, Sec. 101(i) [Title 
            I, Sec. 2(b)], Dec. 22, 1987, 101 Stat. 1329-290, 1329-294; 
            Pub.L. 101-163, Title I, Sec. 10, Nov. 21, 1989, 103 Stat. 
            1046.)
       385  Sec. 61d-2. Postage allowance for Chaplain of Senate.
                The Secretary of the Senate is authorized and directed 
            to procure and furnish each fiscal year (commencing with the 
            fiscal year ending September 30, 1982) to the Chaplain of 
            the Senate, upon the request of the Chaplain of the Senate, 
            United States postage stamps in such amounts as may be 
            necessary for the mailing of postal matters arising in 
            connection with his official business. (Pub.L. 97-51, 
            Sec. 127(b)(1), Oct. 1, 1981, 95 Stat. 966.)
       386  Sec. 61d-3. Repealed (Pub.L. 108-199, Div. H, Sec. 155(b), 
                Jan. 23, 2004, 118 Stat. 450).

  

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

                Senate.
            Note
                Pursuant to Orders of the President pro tempore of the 
            Senate issued under authority of section 4 of the Federal 
            Pay Comparability Act of 1970, the annual rate of 
            compensation of the Sergeant at Arms and Doorkeeper of the 
            Senate is the same as level III of the Executive Schedule (5 
            U.S.C. Sec. 5314), but may not be more than $1,000 less than 
            the annual rate of compensation of a Senator.

[[Page 340]]


       389  Sec. 61e-1. Compensation of Deputy Sergeant at Arms and 
                Doorkeeper of Senate.
                Effective August 1, 1979, the Sergeant at Arms and 
            Doorkeeper may fix the compensation of the Deputy Sergeant 
            at Arms and Doorkeeper at an annual rate not to exceed the 
            maximum annual rate of compensation of the Assistant 
            Secretary of the Senate. (Pub.L. 94-226, Sec.  1(a), Mar. 9, 
            1976, 90 Stat. 203; Pub.L. 96-38, Title I, Sec.  106(1), 
            July 25, 1979, 93 Stat. 112.)
       390  Sec. 61e-2. Compensation of Administrative Assistant to 
                Sergeant at Arms and Doorkeeper of Senate.
                Effective August 1, 1979--
                            (1) the maximum annual rate of compensation 
                        of the Administrative Assistant to the Sergeant 
                        at Arms and Doorkeeper of the Senate shall be 
                        the same as the highest maximum annual rate of 
                        compensation that may be paid to an employee in 
                        the office of a Senator; and
                            (2) Omitted. (Pub.L. 96-38, Title I, Sec.  
                        106(2), (3), July 25, 1979, 93 Stat. 112.)
       391  Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on 
                death, resignation, disability, or absence of Sergeant 
                at Arms and Doorkeeper of Senate.
                In the event of the death, resignation, or disability of 
            the Sergeant at Arms and Doorkeeper of the Senate, the 
            Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant 
            at Arms and Doorkeeper of the Senate in carrying out the 
            duties and responsibilities of that office in all matters 
            until such time as a new Sergeant at Arms and Doorkeeper of 
            the Senate shall have been elected and qualified or such 
            disability shall have been ended. For purposes of this 
            section, the Sergeant at Arms and Doorkeeper of the Senate 
            shall be considered as disabled only during such period of 
            time as the Majority and Minority Leaders and the President 
            pro tempore of the Senate certify jointly to the Senate that 
            the Sergeant at Arms and Doorkeeper of the Senate is unable 
            to perform his duties. In the event that the Sergeant at 
            Arms and Doorkeeper of the Senate is absent, the Deputy 
            Sergeant at Arms and Doorkeeper shall act during such 
            absence as the Sergeant at Arms and Doorkeeper of the Senate 
            in carrying out the duties and responsibilities of the 
            office in all matters. (Pub.L. 97-51, Sec. 128, Oct. 1, 
            1981, 95 Stat. 966.)
       392  Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper 
                of Senate of persons to approve vouchers for payment of 
                moneys.
                The Sergeant at Arms and Doorkeeper of the Senate 
            (hereinafter in this section referred to as the ``Sergeant 
            at Arms'') may designate one or more employees in the Office 
            of the Sergeant at Arms and Doorkeeper of the Senate to 
            approve, on his behalf, all vouchers, for payment of moneys, 
            which the Sergeant at Arms is authorized to approve. 
            Whenever the Sergeant at Arms makes a designation under the 
            authority of the preceding sentence, he shall immediately 
            notify the Committee on Rules and Administration in writing 
            of the designation, and thereafter any approval of any 
            voucher, for payment of moneys, by an employee so designated 
            shall (until such designation is revoked and the Sergeant at 
            Arms notifies the Committee on Rules and Administration in 
            writing

[[Page 341]]

            of the revocation) be deemed and held to be approved by the 
            Sergeant at Arms for all intents and purposes. (Pub.L. 98-
            181, Title I, Sec. 1201, Nov. 30, 1983, 97 Stat. 1289.)
       393  Sec. 61f-1a. Travel expenses of Sergeant at Arms and 
                Doorkeeper of the Senate.
                For the purpose of carrying out his duties, the Sergeant 
            at Arms and Doorkeeper of the Senate is authorized to incur 
            official travel expenses during each fiscal year not to 
            exceed the sums made available for such purpose under 
            appropriations Acts. With the approval of the Sergeant at 
            Arms and Doorkeeper of the Senate and in accordance with 
            such regulations as may be promulgated by the Senate 
            Committee on Rules and Administration, the Secretary of the 
            Senate is authorized to advance to the Sergeant at Arms or 
            to any designated employee under the jurisdiction of the 
            Sergeant at Arms and Doorkeeper, such sums as may be 
            necessary to defray official travel expenses incurred in 
            carrying out the duties of the Sergeant at Arms and 
            Doorkeeper. The receipt of any such sum so advanced to the 
            Sergeant at Arms and Doorkeeper or to any designated 
            employee shall be taken and passed by the accounting 
            officers of the Government as a full and sufficient voucher; 
            but it shall be the duty of the traveler, as soon as 
            practicable, to furnish to the Secretary of the Senate a 
            detailed voucher of the expenses incurred for the travel 
            with respect to which the sum was so advanced, and make 
            settlement with respect to such sum. Payments under this 
            section shall be made from funds included in the 
            appropriations account, within the contingent fund of the 
            Senate, for the Sergeant at Arms and Doorkeeper of the 
            Senate, upon vouchers approved by the Sergeant at Arms and 
            Doorkeeper. (Pub.L. 94-303, Title I, Sec. 117, June 1, 1976, 
            90 Stat. 615; Pub.L. 95-391, Title I, Sec. 106, Sept. 30, 
            1978, 92 Stat. 772; Pub.L. 96-86; Sec. 111(c), Oct. 12, 
            1979, 93 Stat. 661; Pub.L. 97-12, Sec. 108, June 5, 1981, 95 
            Stat. 62; Pub.L. 100-458, Sec. 6, Oct. 1, 1988, 102 Stat. 
            2161; Pub.L. 101-520, Title I, Sec. 6, Nov. 5, 1990, 104 
            Stat. 2258.)
       394  Sec. 61f-7. Abolition of statutory positions in Office of 
                Sergeant at Arms and Doorkeeper of Senate; authority to 
                establish and fix compensations for positions.
                Effective October 1, 1981, all statutory positions in 
            the Office of the Sergeant at Arms and Doorkeeper of the 
            Senate (other than the positions of the Sergeant at Arms and 
            Doorkeeper of the Senate, Deputy Sergeant at Arms and 
            Doorkeeper, and Administrative Assistant) are abolished, and 
            in lieu of the positions hereby abolished the Sergeant at 
            Arms and Doorkeeper of the Senate is authorized to establish 
            such number of positions as he deems appropriate and appoint 
            and fix the compensation of employees to fill the positions 
            so established; except that the annual rate of compensation 
            payable to any employee appointed to fill any position 
            established by the Sergeant at Arms and Doorkeeper of the 
            Senate shall not, for any period of time, be in excess of 
            $1,000 less than the annual rate of compensation of the 
            Sergeant at Arms and Doorkeeper of the Senate for that 
            period of time; and except that nothing in this section 
            shall be construed to affect any position authorized by 
            statute, if the compensation for such position is to be paid 
            from the contingent fund of the Senate. (Pub.L. 97-51, 
            Sec. 116, Oct. 1, 1981, 95 Stat. 963.)

[[Page 342]]


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

            Payments made under this section shall be made upon vouchers 
            approved by the Sergeant at Arms and Doorkeeper of the 
            Senate. (Pub.L. 97-51, Sec. 117, Oct. 1, 1981, 95 Stat. 964; 
            Pub.L. 97-257, Title I, Sec. 103, Sept. 10, 1982, 96 Stat. 
            849; Pub.L. 98-367, Title I, Sec. 7, July 17, 1984, 98 Stat. 
            475; Pub.L. 100-458, Sec. 7, Oct. 1, 1988, 102 Stat. 2162.)

       396  Sec. 61f-9. Employment of personnel by Sergeant at Arms and 
                Doorkeeper of Senate at daily rates of compensation; 
                authorization; limitation on amount of compensation.
                The Sergeant at Arms and Doorkeeper of the Senate, in 
            carrying out the duties of his office, is authorized to 
            employ personnel at daily rates of compensation; no 
            individual so employed shall be paid at a daily rate of 
            compensation which is in excess of the per diem equivalent 
            of the highest gross rate of annual compensation which may 
            be paid to employees of a standing committee of the Senate; 
            and payments under authority of this section shall be made 
            from the account, within the contingent fund of the Senate, 
            for the ``Sergeant at Arms and Doorkeeper of the Senate'', 
            upon vouchers approved by the Sergeant at Arms and 
            Doorkeeper of the Senate. (Pub.L. 98-367, Title I, Sec. 6, 
            July 17, 1984, 98 Stat. 475.)
       397  Sec. 61f-10. Procurement of temporary help.
            (a) In general
                (1) Subject to regulations that the Committee on Rules 
            and Administration of the Senate may prescribe, the 
            Secretary of the Senate and the Sergeant at Arms and 
            Doorkeeper of the Senate may procure temporary help services 
            from a private sector source that offers such services. Each 
            procurement of services under this subsection shall be for 
            no longer than 30 days.

[[Page 343]]

                (2) A person performing services procured under 
            paragraph (1) shall not, during the period of the 
            performance of the services, be an employee of the United 
            States or be considered to be an employee of the United 
            States for any purpose.
                (b) This section shall take effect on October 1, 2001, 
            and shall apply in fiscal year 2002 and successive fiscal 
            years. (Pub.L. 107-68, Title I, Sec. 109, Nov. 12, 2001, 115 
            Stat. 569.)
       398  Sec. 61f-11. Provision of services and equipment on a 
                reimbursable basis.
            (a) In general
                Subject to the approval of the Committee on Rules and 
            Administration of the Senate, the Sergeant at Arms and 
            Doorkeeper of the Senate may provide services and equipment 
            funded by appropriations available to the Senate to persons 
            and entities not funded by such appropriations.
            (b) Reimbursement required
                The provision of services and equipment under subsection 
            (a) of this section shall be on a reimbursable basis.
            (c) Crediting of reimbursed amounts
                In the case of services or equipment provided under 
            subsection (a) of this section that were procured using 
            amounts available to the Sergeant at Arms and Doorkeeper of 
            the Senate in the account for Contingent Expenses, Sergeant 
            at Arms and Doorkeeper of the Senate, amounts received under 
            subsection (b) of this section as reimbursement for the 
            provision of such services or equipment shall be credited to 
            that account or, if applicable, to any subaccount of that 
            account. Amounts credited to any such account or subaccount 
            shall be merged with amounts in that account or subaccount 
            and shall be available to the same extent, and subject to 
            the same terms and conditions, as amounts in that account or 
            subaccount.
            (d) Effective date
                This section shall apply to fiscal year 2004 and each 
            succeeding fiscal year. (Pub.L. 108-83, Title I, Sec. 9, 
            Sept. 30, 2003, 117 Stat. 1013.)
       399  Sec. 61f-12. Treatment of electronic services provided by 
                Sergeant at Arms.
            (a) In General
                The Office of the Sergeant at Arms and Doorkeeper of the 
            United States Senate, and any officer, employee, or agent of 
            the Office, shall not be treated as acquiring possession, 
            custody, or control of any electronic mail or other 
            electronic communication, data, or information by reason of 
            its being transmitted, processed, or stored (whether 
            temporarily or otherwise) through the use of an electronic 
            system established, maintained, or operated, or the use of 
            electronic services provided, in whole or in part by the 
            Office.
            (b) Effective date
                This section shall apply to fiscal year 2005 and each 
            fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I, 
            Sec. 10, Dec. 8, 2004, 118 Stat. 3170; Pub.L. 109-289, Div. 
            B, Title II, Sec. 20701(c)(1), as added Pub.L. 110-5, 
            Sec. 2, Feb. 15, 2007, 121 Stat. 38.)

[[Page 344]]


       400  Sec. 61f-13. Media support services.
            (a) Definitions
                In this section, the terms ``national committee'' and 
            ``political party'' have the meaning given such terms in 
            section 431 of this title.
            (b) In general
                The official duties of employees of the Sergeant at Arms 
            and Doorkeeper of the Senate under the Senate Daily Press 
            Gallery, the Senate Periodical Press Gallery, the Senate 
            Press Photographers Gallery, and the Senate Radio and 
            Television Correspondents Gallery may include providing 
            media support services with respect to the presidential 
            nominating conventions of the national committees of 
            political parties.
            (c) Approval of Sergeant at Arms
                The terms and conditions under which employees perform 
            official duties under subsection (b) of this section shall 
            be subject to the approval of the Sergeant at Arms and 
            Doorkeeper of the Senate.
            (d) Effective date
                This section shall apply to fiscal year 2008 and each 
            fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I, 
            Sec. 7, Dec. 26, 2007, 121 Stat. 2222.)
       401  Sec. 61f-14. Law enforcement authority of Sergeant-at-Arms 
                and Doorkeeper of the Senate.
            (a) In general
                The Sergeant-at-Arms and Doorkeeper of the Senate shall 
            have the same law enforcement authority, including the 
            authority to carry firearms, as a member of the Capitol 
            Police. The law enforcement authority under the preceding 
            sentence shall be subject to the requirement that the 
            Sergeant-at-Arms and Doorkeeper of the Senate have the 
            qualifications specified in subsection (b).
            (b) Qualifications
                The qualifications referred to in subsection (a) are the 
            following:
                            (1) A minimum of 5 years of experience as a 
                        law enforcement officer before beginning service 
                        as the Sergeant-at-Arms and Doorkeeper of the 
                        Senate.
                            (2) Current certification in the use of 
                        firearms by the appropriate Federal law 
                        enforcement entity or an equivalent non-Federal 
                        entity.
                            (3) Any other firearms qualification 
                        required for members of the Capitol Police.
            (c) Regulations
                The Committee on Rules and Administration of the Senate 
            shall have authority to prescribe regulations to carry out 
            this section. (Pub.L. 111-145, Sec.  8, Mar. 4, 2010, 124 
            Stat. 56.)
       402  Sec. 61g-6. Payment of expenses of Conference of Majority 
                and 
                Conference of Minority from Senate contingent fund.
                For each fiscal year (beginning with the fiscal year 
            which ends September 30, 1982) there is authorized to be 
            expended from the contingent fund of the Senate such amount 
            as necessary for the Conference of the Majority and an equal 
            amount for the Conference of the Minority.

[[Page 345]]

            Payments under this section shall be made only for expenses 
            actually incurred by such a Conference in carrying out its 
            functions, and shall be made upon certification and 
            documentation of the expenses involved, by the Chairman of 
            the Conference claiming payment hereunder and upon vouchers 
            approved by such Chairman and by the Committee on Rules and 
            Administration, except that vouchers shall not be required 
            for payment of long-distance telephone calls. (Pub.L. 97-51, 
            Sec. 120, Oct. 1, 1981, 95 Stat. 965; Pub.L. 97-276, 
            Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189; Pub.L. 99-151, 
            Title I, Sec. 1, Nov. 13, 1985, 99 Stat. 794; Pub.L. 101-
            163, Title I, Nov. 21, 1989, 103 Stat. 1043; Pub.L. 101-520, 
            Title I, Nov. 5, 1990, 104 Stat. 2256; Pub.L. 107-68, Title 
            I, Sec. 105(a), Nov. 12, 2001, 115 Stat. 568; Pub.L. 108-83, 
            Title I, Sec. 2(a), Sept. 30, 2003, 117 Stat. 1010.)
       403  Sec. 61g-6a. Salaries and expenses for Senate Majority and 
                Minority Policy Committees and Senate Majority and 
                Minority 
                Conference Committees.
            (a) Transfer of funds for Policy Committees
                (1) The Chairman of the Majority or Minority Policy 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for salaries for the Majority and Minority Policy 
            Committees of the Senate, to the account, within the 
            contingent fund of the Senate, from which expenses are 
            payable for such committees.
                (2) The Chairman of the Majority or Minority Policy 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for expenses, within the contingent fund of the 
            Senate, for the Majority and Minority Policy Committees of 
            the Senate, to the account from which salaries are payable 
            for such committees.
            (b) Transfer of funds for Conference Committees
                (1) The Chairman of the Majority or Minority Conference 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for salaries for the Majority and Minority 
            Conference Committees of the Senate, to the account, within 
            the contingent fund of the Senate, from which expenses are 
            payable for such committees.
                (2) The Chairman of the Majority or Minority Conference 
            Committee of the Senate may, during any fiscal year, at his 
            or her election transfer funds from the appropriation 
            account for expenses, within the contingent fund of the 
            Senate, for the Majority and Minority Conference Committees 
            of the Senate, to the account from which salaries are 
            payable for such committees.
            (c) Availability of transferred funds
                Any funds transferred under this section shall be--
                            (1) available for expenditure by such 
                        committee in like manner and for the same 
                        purposes as are other moneys which are available 
                        for expenditure by such committee from the 
                        account to which the funds were transferred; and
                            (2) made at such time or times as the 
                        Chairman shall specify in writing to the Senate 
                        Disbursing Office.

[[Page 346]]

            (d) Notification to Committee on Appropriations
                The Chairman of a committee transferring funds under 
            this section shall notify the Committee on Appropriations of 
            the Senate of the transfer. (Pub.L. 101-520, Title I, 
            Sec. 1, Nov. 5, 1990, 104 Stat. 2257; Pub.L. 102-90, Title 
            I, Sec. 1(a), Aug. 14, 1991, 105 Stat. 450; Pub.L. 104-53, 
            Title I, Sec. 7(a), Nov. 19, 1995, 109 Stat. 518.)
       404  Sec. 61g-6b. Offices of the Secretaries of the Conference of 
                the Majority and the Conference of the Minority.
            (a) In general
                Upon the written request of the Secretary of the 
            Conference of the Majority or the Secretary of the 
            Conference of the Minority, the Secretary of the Senate 
            shall transfer from the appropriations account appropriated 
            under the subheading ``OFFICES OF THE SECRETARIES OF THE 
            CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE 
            MINORITY'' under the heading ``Salaries, Officers and 
            Employees'' such amount as the Secretary of the Conference 
            of the Majority or the Secretary of the Conference of the 
            Minority shall specify to the appropriations account under 
            the heading ``MISCELLANEOUS ITEMS'' within the contingent 
            fund of the Senate.
            (b) Authority to incur expenses
                The Secretary of the Conference of the Majority or the 
            Secretary of the Conference of the Minority may incur such 
            expenses as may be necessary or appropriate. Expenses 
            incurred by the Secretary of the Conference of the Majority 
            or the Secretary of the Conference of the Minority shall be 
            paid from the amount transferred under subsection (a) of 
            this section by the Secretary of the Conference of the 
            Majority or the Secretary of the Conference of the Minority 
            and upon vouchers approved by the Secretary of the 
            Conference of the Majority or the Secretary of the 
            Conference of the Minority, as applicable.
            (c) Authority to advance sums
                The Secretary of the Senate may advance such sums as may 
            be necessary to defray expenses incurred in carrying out 
            subsections (a) and (b) of this section.
            (d) Effective date
                This section shall apply to fiscal year 2008 and each 
            fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I, 
            Sec. 3, Dec. 26, 2007, 121 Stat. 2221.)
       405  Sec. 61g-7. Services of consultants to Majority and Minority 

                Conference Committee of Senate.
            (a) Authorization of expenditure with approval of Committee 
                on Rules and Administration
                Funds authorized to be expended under section 61g-6 of 
            this title may be used by the Majority or Minority 
            Conference Committee of the Senate, with the approval of the 
            Committee on Rules and Administration, to procure the 
            temporary services (not in excess of one year) or 
            intermittent services of individual consultants, or 
            organizations thereof, to make studies or advise the 
            committee with respect to any matter within its jurisdiction 
            or with respect to the administration of the affairs of the 
            committee.

[[Page 347]]

            (b) Procurement by contract or employment
                Such services in the case of individuals or 
            organizations may be procured by contract as independent 
            contractors, or in the case of individuals, by employment at 
            daily rates of compensation not in excess of the per diem 
            equivalent of the highest gross rate of compensation which 
            may be paid to a regular employee of such committee. Such 
            contracts shall not be subject to the provisions of section 
            5 of Title 41 or any other provision of law requiring 
            advertising.
            (c) Selection of consultant or organization by Conference 
                Committee chairman
                Any such consultant or organization shall be selected 
            for the Majority or Minority Conference Committee of the 
            Senate by the chairman thereof. (Pub.L. 99-88, Title I, 
            Sec. 195, Aug. 15, 1985, 99 Stat. 349; Pub.L. 104-197, Title 
            I, Sec. 1, Sept. 16, 1996, 110 Stat. 2396.)
       406  Sec. 61g-8. Utilization of funds for specialized training of 
                professional staff for Majority and Minority Conference 
                Committee of the Senate.
                Funds appropriated to the Conference of the Majority and 
            funds appropriated to the Conference of the Minority for any 
            fiscal year (commencing with the fiscal year ending 
            September 30, 1991), may be utilized in such amounts as the 
            Chairman of each Conference deems appropriate for the 
            specialized training of professional staff, subject to such 
            limitations, insofar as they are applicable, as are imposed 
            by the Committee on Rules and Administration with respect to 
            such training when provided to professional staff of 
            standing committees of the Senate. (Pub.L. 101-520, Title I, 
            Sec. 2, Nov. 5, 1990, 104 Stat. 2257.)
       407  Sec. 61h-4. Appointment of employees by Senate Majority and 
                Minority Leaders; compensation.
                Effective April 1, 1977, the Majority Leader and the 
            Minority Leader are each authorized to appoint and fix the 
            compensation of such employees as they deem appropriate: 
            Provided, That the gross compensation paid to such employees 
            shall not exceed $191,700 each fiscal year for each Leader. 
            (Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 80.)
            Note
                S. Res. 89, 100-1, Jan. 28, 1987, established within the 
            offices of Majority and Minority Leaders the positions of 
            chief of staff for the Majority Leader and chief of staff 
            for the Minority Leader. Rate of compensation shall be fixed 
            by the appropriate leader, not to exceed the maximum annual 
            rate of gross compensation of the Assistant Secretary of the 
            Senate.
       408  Sec. 61h-5. Assistants to Senate Majority and Minority 
                Leaders for Floor Operations; establishment of 
                positions; appointment; compensation.
                Effective October 1, 1983, there is established within 
            the Offices of the Majority and Minority Leaders the 
            positions of Assistant to the Majority Leader for Floor 
            Operations and Assistant to the Minority Leader for Floor 
            Operations, respectively. Individuals appointed to such 
            positions by the Majority Leader and Minority Leader, 
            respectively, shall receive compensation at a rate fixed by 
            the appropriate Leader not to exceed the maximum annual rate 
            of gross compensation of the Assist

[[Page 348]]

            ant Secretary of the Senate. (Pub.L. 98-51, Title I, 
            Sec. 101(a), July 14, 1983, 97 Stat. 265.)
       409  Sec. 61h-6. Appointment of consultants by Majority Leader, 
                Minority Leader, Secretary of Senate, and Legislative 
                Counsel of Senate; compensation.
                (a) The Majority Leader and the Minority Leader, are 
            each authorized to appoint and fix the compensation of not 
            more than nine\1\ individual consultants, on a temporary or 
            intermittent basis, at a daily rate of compensation not in 
            excess of the per diem equivalent of the highest gross rate 
            of annual compensation which may be paid to employees of a 
            standing committee of the Senate. The President pro tempore 
            of the Senate is authorized to appoint and fix the 
            compensation of not more than two individual consultants, on 
            a temporary or intermittent basis, at a daily rate of 
            compensation not in excess of that specified in the first 
            sentence of this subsection. The President pro tempore 
            emeritus, of the Senate is authorized to appoint and fix the 
            compensation of one individual consultant, on a temporary or 
            intermittent basis, at a daily rate of compensation not in 
            excess of that specified in the first sentence of this 
            subsection. The Secretary of the Senate is authorized to 
            appoint and fix the compensation of not more than two 
            individual consultants, on a temporary or intermittent 
            basis, at a daily rate of compensation not in excess of the 
            per diem equivalent of the highest gross rate of annual 
            compensation which may be paid to employees of a standing 
            committee of the Senate. The Legislative Counsel of the 
            Senate (subject to the approval of the President pro 
            tempore) is authorized to appoint and fix the compensation 
            of not more than two consultants, on a temporary or 
            intermittent basis, at a daily rate of compensation not in 
            excess of that specified in the first sentence of this 
            section. The provisions of section 8344 and 8468 of Title 5 
            shall not apply to any individual serving in a position 
            under this authority. Expenditures under this authority 
            shall be paid from the contingent fund of the Senate upon 
            vouchers approved by the President pro tempore, President 
            pro tempore emeritus, Majority Leader, Minority Leader, 
            Secretary of the Senate, or Legislative Counsel of the 
            Senate, as the case may be.
                \1\ See note entitled ``Consultants'' under this 
                section.
                (b) Any or all appointments under this section may be at 
            an annual rate of compensation rather than at a daily rate 
            of compensation, but such annual rate shall not be in excess 
            of the highest gross rate of annual compensation which may 
            be paid to employees of a standing committee of the Senate. 
            (Pub.L. 95-26, Title I, Sec. 101, May 4, 1977, 91 Stat. 82; 
            Pub.L. 95-94, Title I, Sec. 110(a), Aug. 5, 1977, 91 Stat. 
            662; Pub.L. 100-458, Sec. Sec. 4, 9, Oct. 1, 1988, 102 Stat. 
            2161, 2162; Pub.L. 101-302, Title III, Sec. 314(a), May 25, 
            1990, 104 Stat. 245; Pub.L. 102-90, Title I, Sec. 3, Aug. 
            14, 1991, 105 Stat. 450; Pub.L. 104-2, Feb. 9, 1995, 109 
            Stat. 45; Pub.L. 105-275, Title I, Sec. 4(a), (b), Oct. 21, 
            1998, 112 Stat. 2433; Pub.L. 107-20, Title II, Sec. 2803, 
            July 24, 2001; 115 Stat. 185; Pub.L. 107-68, Title I, 
            Sec. 101(a), Nov. 12, 2001, 115 Stat. 563; Pub.L. 108-7, 
            Div. H, Title I, Sec. 6(a), Feb. 20, 2003, 117 Stat. 350.)

[[Page 349]]

            Note.--Consultants
                Pub.L. 111-8, Div. G, Title I, Sec.  1, Mar. 11, 2009, 
            123 Stat. 14, provided that: (1) The first sentence of 
            101(a) of the Supplemental Appropriations Act, 1977 (2 
            U.S.C. 61h-6(a)) is amended by striking ``eight individual 
            consultants'' and inserting ``nine individual consultants''.
                  (2) The second sentence of section 101(a) of the 
                Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-
                6(a)) is amended by striking ``two individual 
                consultants'' and inserting ``three individual 
                consultants''.
                  (b) EFFECTIVE DATE.--This section shall take effect on 
                the date of enactment of this Act and shall apply to 
                fiscal year 2009 and each fiscal year thereafter.
                Similar provisions were contained in the following 
            appropriations Acts:
                        Pub.L. 110-161, Div. H, Title I, Sec.  8, Dec. 
                    26, 2007, 121 Stat. 2222.
                        Pub.L. 109-55, Title I, Sec.  2, Aug. 2, 2005, 
                    119 Stat. 568.
                        Pub.L. 108-447, Div. G, Title I, Sec.  2, Dec. 
                    8, 2004, 118 Stat. 3169.
       410  Sec. 61h-7. Chiefs of Staff for Senate Majority and Minority 
                Leaders; appointment; compensation.
                (a) There is established within the Offices of the 
            Majority and Minority Leaders the positions of Chief of 
            Staff for the Majority Leader and Chief of Staff for the 
            Minority Leader, respectively. Individuals appointed to such 
            positions by the Majority Leader and Minority Leader, 
            respectively, shall receive compensation at a rate fixed by 
            the appropriate Leader not to exceed the maximum annual rate 
            of gross compensation of the Assistant Secretary of the 
            Senate.
                (b) Gross compensation for employees filling positions 
            established by subsection (a) of this section for the fiscal 
            year ending September 30, 1987, shall be paid out of any 
            funds available in the Senate appropriation for such year 
            under the item ``Salaries, Officers and Employees''. (Pub.L. 
            101-163, Title I, Sec. 9, Nov. 21, 1989, 103 Stat. 1046.)
       411  Sec. 61j-2. Compensation and appointment of employees by 
                Senate Majority and Minority Whips.
                Effective April 1, 1977, the Majority Whip and the 
            Minority Whip are each authorized to appoint and fix the 
            compensation of such employees as they deem appropriate: 
            Provided, That the gross compensation paid to such employees 
            shall not exceed $111,100 each fiscal year for each Whip. 
            (Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 80.)
       412  Sec. 61k. Appointment and compensation of employees by 
                President pro tempore of Senate.
                Effective October 1, 1979, the President pro tempore is 
            authorized to appoint and fix the compensation of such 
            employees as he deems appropriate: Provided, That the gross 
            compensation paid to such employees shall not exceed 
            $123,000 each fiscal year. (Pub.L. 96-38, Title I, Sec. 101, 
            July 25, 1979, 93 Stat. 111.)
       413

  

            Sec. 61l. Appointment and compensation of Administrative 
                Assistant, Legislative Assistant, and Executive 
                Secretary for Deputy President pro tempore of Senate.
                Effective April 1, 1977, the Deputy President pro 
            tempore is authorized to appoint and fix the compensation of 
            an Administrative Assistant at not to exceed $47,595 per 
            annum; a Legislative Assistant at not to exceed $40,080 per 
            annum, and an Executive Secretary at not to exceed $23,380 
            per annum. (Pub.L. 95-26, Title I, May 4, 1977, 91 Stat. 
            80.)

[[Page 350]]


       414  Sec. 62. Limitation on compensation of Sergeant at Arms and 
                Doorkeeper of Senate.
                The Sergeant at Arms and Doorkeeper of the Senate shall 
            receive, directly or indirectly, no fees or other 
            compensation or emolument whatever for performing the duties 
            of the office, or in connection therewith, other than the 
            salary prescribed by law. (June 20, 1874, Ch. 328, 18 Stat. 
            85; Mar. 3, 1875, Ch. 129, 18 Stat. 344.)
       415  Sec. 63. Repealed (Pub.L. 104-186, Title II, Sec. 204(21), 
                Aug. 20, 1996, 110 Stat. 1733).
       416

  

            Sec. 64-1. Employees of Senate Disbursing Office; 
                designation by Secretary of Senate to administer oaths 
                and affirmations.
                The Secretary of the Senate is, on and after November 1, 
            1973, authorized to designate, in writing, employees of the 
            Disbursing Office of the Senate to administer oaths and 
            affirmations, with respect to matters relating to that 
            Office, authorized or required by law or rules or orders of 
            the Senate (including the oath of office required by section 
            3331 of Title 5). During any period in which he is so 
            designated, any such employee may administer such oaths and 
            affirmations. (Pub.L. 93-145, Nov. 1, 1973, 87 Stat. 532.)
       417  Sec. 64-2. Transfers of funds by Secretary of Senate; 
                approval of Committee on Appropriations.
                During any fiscal year (commencing with the fiscal year 
            beginning October 1, 1982) the Secretary of the Senate is 
            authorized to make such transfers between appropriations of 
            funds available for disbursement by him during such year, 
            subject to the approval of the Committee on Appropriations 
            of the Senate. (Pub.L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 
            Stat. 1189.)
       418  Sec. 64-3. Reimbursement for Capitol Police salaries paid by 
                Senate for service at Federal Law Enforcement Training 
                Center.
                Notwithstanding any other provision of law, the Chief of 
            the Capitol Police is authorized to receive moneys from the 
            Department of the Treasury as reimbursements for salaries 
            paid by the Capitol Police in connection with certain 
            officers and members of the United States Capitol Police 
            serving as instructors at the Federal Law Enforcement 
            Training Center. Moneys so received shall be deposited in 
            the Treasury of the United States as miscellaneous receipts. 
            (Pub.L. 95-26, Title I, Sec. 111, May 4, 1977, 91 Stat. 87; 
            Pub.L. 108-7, Div. H, Title I, Sec. 1018(h)(3), Feb. 20, 
            2003, 117 Stat. 369.)
       419  Sec. 64a. Death, resignation, or disability of Secretary and 
                Assistant Secretary of Senate; Financial Clerk deemed 
                successor as disbursing officer.
                For any period during which both the Secretary and the 
            Assistant Secretary of the Senate are unable (because of 
            death, resignation, or disability) to discharge such 
            Secretary's duties as disbursing officer of the Senate, the 
            Financial Clerk of the Senate shall be deemed to be the 
            successor of such Secretary as disbursing officer. (Mar. 3, 
            1926, Ch. 44, Sec. 1, 44 Stat. 162; Oct. 31, 1969, Pub.L. 
            91-105, Sec. 2, 83 Stat. 169; Aug. 18, 1970, Pub.L. 91-382, 
            Sec. 101, 84 Stat. 810; June 6, 1972, Pub.L. 92-310, 
            Sec. 220(g), 86 Stat. 204; July 17, 1984, Pub.L. 98-367, 
            Sec. 2(a), 98 Stat. 474.)

[[Page 351]]


       420  Sec. 64b. Death, resignation, or disability of Secretary of 
                Senate; Assistant Secretary of Senate to act as 
                Secretary; written designation of absent status.
                In the event of the death, resignation, or disability of 
            the Secretary of the Senate, the Assistant Secretary of the 
            Senate shall act as Secretary in carrying out the duties and 
            responsibilities of that office in all matters until such 
            time as a new Secretary shall have been elected and 
            qualified or such disability shall have been ended. For 
            purposes of this section and section 64a of this title, the 
            Secretary of the Senate shall be considered as disabled only 
            during such period of time as the Majority and Minority 
            Leaders and the President pro tempore of the Senate certify 
            jointly to the Senate that the Secretary is unable to 
            perform his duties. In the event that the Secretary of the 
            Senate is absent or is to be absent for reasons other than 
            disability (as provided in this paragraph), and makes a 
            written designation that he is or will be so absent, the 
            Assistant Secretary shall act during such absence as the 
            Secretary in carrying out the duties and responsibilities of 
            the office in all matters. The designation may be revoked in 
            writing at any time by the Secretary, and is revoked 
            whenever the Secretary making the designation dies, resigns, 
            or is considered disabled in accordance with this paragraph. 
            (Pub.L. 92-184, Sec. 401, Dec. 15, 1971, 85 Stat. 635; 
            Pub.L. 93-371, Sec. 1, Aug. 13, 1974, 88 Stat. 427; Pub.L. 
            98-367, Sec. 2(b), July 17, 1984, 98 Stat. 474.)
       421  Sec. 65a. Insurance of office funds of Secretary of Senate 
                and Sergeant at Arms; payment of premiums.
                The Secretary of the Senate and the Sergeant at Arms on 
            and after June 27, 1956, are authorized and directed to 
            protect the funds of their respective offices by purchasing 
            insurance in an amount necessary to protect said funds 
            against loss. Premiums on such insurance shall be paid out 
            of the contingent fund of the Senate, upon vouchers approved 
            by the chairman of the Committee on Rules and 
            Administration. (June 27, 1956, Ch. 453, Sec. 101, 70 Stat. 
            360.)
       422  Sec. 65b. Advances to Sergeant at Arms of Senate for 
                extraordinary expenses.
                The Secretary of the Senate, on and after July 31, 1958, 
            is authorized, in his discretion, to advance to the Sergeant 
            at Arms of the Senate such sums as may be necessary, not 
            exceeding $4,000, to meet any extraordinary expenses of the 
            Senate. (Pub.L. 85-570, July 31, 1958, 72 Stat. 442; Pub.L. 
            94-440, Sec. 108, Oct. 1, 1976, 90 Stat. 1445; Pub.L. 95-26, 
            Sec. 104, May 4, 1977, 91 Stat. 82.)
       423  Sec. 65c. Expense allowance for Secretary of Senate, 
                Sergeant at Arms and Doorkeeper of Senate, and 
                Secretaries for Senate Majority and Minority.
                (a) Notwithstanding any other provision of law, there is 
            hereby established an account, within the Senate, to be 
            known as the ``Expense Allowance for the Secretary of the 
            Senate, Sergeant at Arms and Doorkeeper of the Senate and 
            Secretaries for the Majority and for the Minority, of the 
            Senate'' (hereinafter in this section referred to as the 
            ``Expense Allowance''). For each fiscal year (commencing 
            with the fiscal year ending September 30, 1981) there shall 
            be available from the Expense Allowance an expense allotment 
            not to exceed $6,000 for each of the

[[Page 352]]

            above specified officers. Amounts paid from the expense 
            allotment of any such officer shall be paid to him only as 
            reimbursement for actual expenses incurred by him and upon 
            certification and documentation by him of such expenses. 
            Amounts paid to any such officer pursuant to this section 
            shall not be reported as income and shall not be allowed as 
            a deduction under Title 26.
                (b) For the fiscal year ending September 30, 1981, and 
            the succeeding fiscal year, the Secretary of the Senate 
            shall transfer, for each such year, $8,000 to the Expense 
            Allowance from ``Miscellaneous Items'' in the contingent 
            fund of the Senate. For the fiscal year ending September 30, 
            1983, and for each fiscal year thereafter, there are 
            authorized to be appropriated to the Expense Allowance such 
            funds as may be necessary to carry out the provisions of 
            subsection (a) of this section. (Pub.L. 97-51, Sec. 119, 
            Oct. 1, 1981, 95 Stat. 964; Pub.L. 98-63, Title I, July 30, 
            1983, 97 Stat. 334; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095; Pub.L. 108-83, Title I, Sec. 5(a), Sept. 30, 
            2003, 117 Stat. 1013.)
       424  Sec. 65d. Funds advanced by Secretary of Senate to Sergeant 
                at Arms and Doorkeeper of Senate to defray office 
                expenses; accountability; maximum amount; vouchers.
                From funds available for any fiscal year (commencing 
            with the fiscal year ending September 30, 1984), the 
            Secretary of the Senate shall advance to the Sergeant at 
            Arms and Doorkeeper of the Senate for the purpose of 
            defraying office expenses such sums (for which the Sergeant 
            at Arms and Doorkeeper shall be accountable) not in excess 
            of $1,000 at any one time, as such Sergeant at Arms shall 
            from time to time request; except that the aggregate of the 
            sums so advanced during the fiscal year shall not exceed 
            $10,000.
                In accordance with the provisions of this section, a 
            detailed voucher shall be submitted to the Secretary of the 
            Senate by such Sergeant at Arms whenever necessary, in order 
            to replenish funds expended. (Pub.L. 98-51, Sec. 104, July 
            14, 1983, 97 Stat. 266.)
       425  Sec. 65f. Funds for Secretary of Senate to assist in proper 
                discharge within United States of responsibilities to 
                foreign parliamentary groups or other foreign officials.
                (a) On and after July 11, 1987, the Secretary of the 
            Senate is authorized to use any available funds (but not in 
            excess of $50,000 for any fiscal year), out of the 
            appropriation account (within the Contingent Fund of the 
            Senate) for the Secretary of the Senate, to assist him in 
            the proper discharge, within the United States, of his 
            appropriate responsibilities to members of foreign 
            parliamentary groups or other foreign officials.
                (b) The provisions of subsection (a) shall be effective 
            in the case of expenditures for fiscal years ending after 
            September 30, 1986.
                (c) Upon the written request of the Secretary of the 
            Senate, and upon notification to the Committee on 
            Appropriations of the Senate, there shall be transferred any 
            amount of funds available under subsection (a) of this 
            section specified in the request, but not to exceed $10,000 
            in any fiscal year, from the appropriation account (within 
            the contingent fund of the Senate) for expenses of the 
            Office of the Secretary of the Senate to the appropriation 
            account for the expense allowance of the Secretary of the 
            Senate. Any funds so transferred shall be available in like 
            manner and for the same purposes as are other funds

[[Page 353]]

            in the account to which the funds are transferred. (Pub.L. 
            100-71, Sec. 2, July 11, 1987, Title I, 101 Stat. 423; 
            Pub.L. 102-90, Sec. 4, Aug. 14, 1991, 105 Stat. 450; Pub.L. 
            105-18, Title II, Sec. 7003(a), June 12, 1997, 111 Stat. 
            192; Pub.L. 108-447, Div. G, Title I, Sec. 6, Dec. 8, 2004, 
            118 Stat. 3170.)
       426  Sec. 66a. Restriction on payment of dual compensation by 
                Secretary of Senate.
                Unless otherwise specifically authorized by law, no part 
            of any appropriation disbursed by the Secretary of the 
            Senate shall be available for payment of compensation to any 
            person holding any position, for any period for which such 
            person received compensation for holding any other position, 
            the compensation for which is disbursed by the Secretary of 
            the Senate. (June 27, 1956, Ch. 453, 70 Stat. 360.)
       427  Sec. 67. Clerks to Senators-elect.
                A Senator entitled to receive his own salary may appoint 
            the usual clerical assistants allowed Senators. (Mar. 2, 
            1895, Ch. 177, Sec. 1, 28 Stat. 766, June 19, 1934, Ch. 648, 
            Title I, Sec. 1, 48 Stat. 1022.)
       428  Sec. 68. Payments from Senate contingent fund.
                No payment shall be made from the contingent fund of the 
            Senate unless sanctioned by the Committee on Rules and 
            Administration of the Senate. Payments made upon vouchers or 
            abstracts of disbursements of salaries approved by said 
            Committee shall be deemed, held, and taken, and are declared 
            to be conclusive upon all the departments and officers of 
            the Government: Provided, That no payment shall be made from 
            said contingent fund as additional salary or compensation to 
            any officer or employee of the Senate. (Oct. 2, 1888, Ch. 
            1069, Sec. 1, 25 Stat. 546; Aug. 2, 1946, Ch. 753, Sec. 102, 
            60 Stat. 814; Pub.L. 93-554, Title I, Ch. III, Sec. 101, 
            Dec. 27, 1974, 88 Stat. 1776; Pub.L. 104-186, Title I, 
            Sec. 105(c), Aug. 20, 1996, 110 Stat. 1722.)
       429  Sec. 68-1. Committee on Rules and Administration; 
                designation of employees to approve vouchers for 
                payments from Senate contingent fund.
                The Committee on Rules and Administration may authorize 
            its chairman to designate any employee or employees of such 
            Committee to approve in his behalf, all vouchers making 
            payments from the contingent fund of the Senate, such 
            approval to be deemed and held to be approval by the 
            Committee on Rules and Administration for all intents and 
            purposes. (Pub.L. 93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 
            529; Pub.L. 97-51, Sec. 126, Oct. 1, 1981, 95 Stat. 965; 
            Pub.L. 98-473, Sec. 123A(c), Oct. 12, 1984, 98 Stat. 1970.)
       430  Sec. 68-2. Appropriations for contingent expenses of Senate; 

                restrictions.
                Appropriations made for contingent expenses of the 
            Senate shall not be used for the payment of personal 
            services except upon the express and specific authorization 
            of the Senate in whose behalf such services are rendered. 
            Nor shall such appropriations be used for any expenses not 
            intimately and directly connected with the routine 
            legislative business of the Senate, and the Government 
            Accountability Office shall apply the provisions of this 
            section in the settlement of the accounts of expenditures 
            from said appropriations incurred for services or materials. 
            (Feb.

[[Page 354]]

            14, 1902, Ch. 17, Sec. 1, 32 Stat. 26; June 10, 1921, Ch. 
            18, Title III, Sec. 304, 42 Stat. 24; Aug. 20, 1996, Pub.L. 
            104-186, Title II, Sec. 204 (45), 110 Stat. 1737; Pub.L. 
            108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       431  Sec. 68-3. Separate accounts for ``Secretary of the Senate'' 
                and for ``Sergeant at Arms and Doorkeeper of the 
                Senate''; establishment within Senate contingent fund; 
                inclusion of funds in existing accounts.
                (a) Effective October 1, 1983--
                            (1) there shall be, within the contingent 
                        fund of the Senate, a separate account for the 
                        ``Secretary of the Senate'', and a separate 
                        account for the ``Sergeant at Arms and 
                        Doorkeeper of the Senate'';
                            (2) the account for ``Automobiles and 
                        Maintenance'', within the contingent fund of the 
                        Senate, is abolished, and funds for the 
                        purchase, lease, exchange, maintenance, and 
                        operation of vehicles for the Senate shall be 
                        included in the separate account, established by 
                        paragraph (1), for the ``Sergeant at Arms and 
                        Doorkeeper of the Senate''; and
                            (3) the account for ``Postage Stamps'', 
                        within the contingent fund of the Senate, is 
                        abolished; and funds for special delivery 
                        postage of the Office of the Secretary of the 
                        Senate shall be included in the separate 
                        account, established by paragraph (1) for the 
                        ``Secretary of the Senate''; funds for special 
                        delivery postage of the Sergeant at Arms and 
                        Doorkeeper of the Senate shall be included in 
                        the separate account, established by paragraph 
                        (1), for the ``Sergeant at Arms and Doorkeeper 
                        of the Senate''; and postage stamps for the 
                        Secretaries for the Majority and the Minority 
                        and other offices and officers of the Senate, as 
                        authorized by law, shall be included in the 
                        account for ``Miscellaneous Items'', within the 
                        contingent fund of the Senate.
                (b) Any provision of law which was enacted, or any 
            Senate resolution which was agreed to, prior to October 1, 
            1983, and which authorizes moneys in the contingent fund of 
            the Senate to be expended by or for the use of the Secretary 
            of the Senate, or his office (whether generally or from a 
            specified account within such fund) may on and after October 
            1, 1983, be construed to authorize such moneys to be 
            expended from the separate account, within such fund, 
            established by subsection (a)(1) of this section for the 
            ``Secretary of the Senate''; and any provision of law which 
            was enacted prior to October 1, 1983, and which authorizes 
            moneys in the contingent fund of the Senate to be expended 
            by or for the use of the Sergeant at Arms and Doorkeeper of 
            the Senate, or his office (whether generally or from a 
            specified account within such fund) may on and after October 
            1, 1983, be construed to authorize such moneys to be 
            expended from the separate account, within such fund, 
            established by subsection (a)(1) of this section for the 
            ``Sergeant at Arms and Doorkeeper of the Senate''. (Pub.L. 
            98-51, Sec. 103, July 14, 1983, 97 Stat. 266.)
       432  Sec. 68-4. Deposit of moneys for credit to account within 
                Senate contingent fund for ``Sergeant at Arms and 
                Doorkeeper of the Senate''.
                Any provision of law which is enacted prior to October 
            1, 1983, and which directs the Sergeant at Arms and 
            Doorkeeper of the Senate to deposit any moneys in the United 
            States Treasury for credit to the

[[Page 355]]

            account, within the contingent fund of the Senate, for 
            ``Miscellaneous Items'', or for ``Automobiles and 
            Maintenance'' shall, on and after October 1, 1983, be deemed 
            to direct him to deposit such moneys in the United States 
            Treasury for credit to the account, within the contingent 
            fund of the Senate, for the ``Sergeant at Arms and 
            Doorkeeper of the Senate''. (Pub.L. 98-181, Title I, Sec.  
            1202, Nov. 30, 1983, 97 Stat. 1289.)
       433  Sec. 68-5. Purchase, lease, exchange, maintenance, and 
                operation of vehicles out of account for Sergeant at 
                Arms and Doorkeeper of Senate within Senate contingent 
                fund; authorization of appropriations.
                For each fiscal year (commencing with the fiscal year 
            ending September 30, 1985) there is authorized to be 
            appropriated to the account, within the contingent fund of 
            the Senate, for the Sergeant at Arms and Doorkeeper of the 
            Senate, such funds (which shall be in addition to funds 
            authorized to be so appropriated for other purposes) as may 
            be necessary for the purchase, lease, exchange, maintenance, 
            and operation of vehicles as follows: one for the Vice 
            President, one for the President pro tempore of the Senate, 
            one for the Majority Leader of the Senate, one for the 
            Minority Leader of the Senate, one for Majority Whip of the 
            Senate, one for the Minority Whip of the Senate, one for the 
            attending physician, one as authorized by Senate Resolution 
            90 of the 100th Congress, such number as is needed for 
            carrying mails, and for official use of the offices of the 
            Secretary of the Senate, the Sergeant at Arms and Doorkeeper 
            of the Senate, the Secretary for the Majority, and the 
            Secretary for the Minority, and such additional number as is 
            otherwise specifically authorized by law. (Pub.L. 99-88, 
            Title I, Sec. 192, Aug. 15, 1985, 99 Stat. 349; Pub.L. 100-
            202, Sec. 101(i) [Title I, Sec. 3(a)], Dec. 22, 1987, 101 
            Stat. 1329-290, 1329-294.)
       434  Sec. 68-6. Transfers from appropriations accounts for 
                expenses of Office of Secretary of Senate and Office of 
                Sergeant at Arms and Doorkeeper of Senate.
                (a) The Secretary of the Senate is authorized, with the 
            approval of the Senate Committee on Appropriations, to 
            transfer, during any fiscal year (1) from the appropriations 
            account, within the contingent fund of the Senate, for 
            expenses of the Office of the Secretary of the Senate, such 
            sums as he shall specify to the Senate appropriations 
            account, appropriated under the headings ``Salaries, 
            Officers and Employees'' and ``Office of the Secretary'', 
            and (2) from the Senate appropriations account, appropriated 
            under the headings ``Salaries, Officers and Employees'' and 
            ``Office of the Secretary'' to the appropriations account, 
            within the contingent fund of the Senate, for expenses of 
            the Office of the Secretary of the Senate, such sums as he 
            shall specify; and any funds so transferred shall be 
            available in like manner and for the same purposes as are 
            other funds in the account to which the funds are 
            transferred.
                (b) The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized, with the approval of the Senate Committee on 
            Appropriations, to transfer, during any fiscal year, from 
            the appropriations account, within the contingent fund of 
            the Senate, for expenses of the Office of the Sergeant at 
            Arms and Doorkeeper of the Senate, such sums as he shall 
            specify to the appropriations account, appropriated under 
            the headings ``Salaries, Officers and Employees'' and 
            ``Office of the Sergeant at Arms and Doorkeeper''; and any 
            funds so transferred shall be available in like

[[Page 356]]

            manner and for the same purposes as are other funds in the 
            account to which the funds are transferred. (Pub.L. 100-458, 
            Title I, Sec. 3, Oct. 1, 1988, 102 Stat. 2161; Pub.L. 101-
            302, Title III, Sec. 317, May 25, 1990, 104 Stat. 247.)
       435  Sec. 68-6a. Transfers from appropriations account for 
                expenses of Office of Sergeant at Arms and Doorkeeper of 
                Senate.
                The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized, with the approval of the Senate Committee on 
            Appropriations, to transfer, during any fiscal year, from 
            the appropriations account, appropriated under the headings 
            ``Salaries, Officers and Employees'' and ``Office of the 
            Sergeant at Arms and Doorkeeper'' such sums as he shall 
            specify to the appropriations account, within the contingent 
            fund of the Senate, for expenses of the Office of the 
            Sergeant at Arms and Doorkeeper of the Senate; and any funds 
            so transferred shall be available in like manner and for the 
            same purposes as are other funds in the account to which the 
            funds are transferred. (Pub.L. 101-520, Title I, Sec. 5, 
            Nov. 5, 1990, 104 Stat. 2258.)
       436  Sec. 68-7. Senate Office of Public Records Revolving Fund.
            (a) Establishment
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the ``Senate Office of Public Records 
            Revolving Fund'' (hereafter in this section referred to as 
            the ``revolving fund'').
            (b) Source of moneys for deposit in Fund; availability of 
                moneys in Fund
                All moneys received on and after October 1, 1989, by the 
            Senate Office of Public Records from fees and other charges 
            for services shall be deposited to the credit of the 
            revolving fund. Moneys in the revolving fund shall be 
            available without fiscal year limitation for disbursement by 
            the Secretary of the Senate for use in connection with the 
            operation of the Senate Office of Public Records including 
            supplies, equipment, and other expenses.
            (c) Vouchers
                Disbursements from the revolving fund shall be made upon 
            vouchers approved by the Secretary of the Senate.
            (d) Regulations
                The Secretary of the Senate is authorized to prescribe 
            such regulations as may be necessary to carry out the 
            provisions of this section.
            (e) Transfer of moneys into Fund
                To provide capital for the revolving fund, the Secretary 
            of the Senate is authorized to transfer, from moneys 
            appropriated for fiscal year 1990 to the account 
            ``Miscellaneous Items'' in the contingent fund of the 
            Senate, to the revolving fund such sum as he may determine 
            necessary, not to exceed $30,000. (Pub.L. 101-163, Title I, 
            Sec. 13, Nov. 21, 1989, 103 Stat. 1047.)

[[Page 357]]


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

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

       438  Sec. 68a. Materials, supplies, and fuel payments from Senate 

                contingent fund.
                Payments from the contingent fund of the Senate for 
            materials and supplies (including fuel) purchased through 
            the Administrator of General Services shall be made by check 
            upon vouchers approved by the Committee on Rules and 
            Administration of the Senate. (July 8, 1935, Ch. 374, 
            Sec. 1, 49 Stat. 463; Aug. 2, 1946, Ch. 753, Sec. 102, 60 
            Stat. 814; June 30, 1949, Ch. 288, Sec. 102(a), 63 Stat. 
            380.)
       439  Sec. 68b. Per diem and subsistence expenses from Senate 
                contingent fund.\1\
                \1\ Pursuant to the authority granted by section 68b the 
                Committee on Rules and Administration issues ``United 
                States Senate Travel Regulations.'' Copies of the 
                regulations currently in effect may be obtained from the 
                Committee.
                No part of the appropriations made under the heading 
            ``Contingent Expenses of the Senate'' may be expended for 
            per diem and subsistence expenses (as defined in section 
            5701 of Title 5) at rates in excess of the rates prescribed 
            by the Committee on Rules and Administration; except that 
            (1) higher rates may be established by the Committee on 
            Rules and Administration for travel beyond the limits of the 
            continental United States, and (2) in accordance with 
            regulations prescribed by the Committee on Rules and 
            Administration of the Senate, reimbursement for such 
            expenses may be made on an actual expense basis of

[[Page 358]]

            not to exceed the daily rate prescribed by the Committee on 
            Rules and Administration in the case of travel within the 
            continental limits of the United States. This section shall 
            not apply with respect to per diem or actual travel expenses 
            incurred by Senators and employees in the office of a 
            Senator which are reimbursed under section 58 of this title. 
            (June 27, 1956, Ch. 453, 70 Stat. 360; Aug. 14, 1961, Pub.L. 
            87-139, Sec. 7, 75 Stat. 340; Nov. 10, 1969, Pub.L. 91-114, 
            Sec. 3, 83 Stat. 190; May 19, 1975, Pub.L. 94-22, Sec. 8, 89 
            Stat. 86; Aug. 5, 1977, Pub.L. 95-94, Title I, Sec. 112(e), 
            91 Stat. 664; Sept. 8, 1978, Pub.L. 95-355, Title I, 
            Sec. 103, 92 Stat. 533; July 8, 1980, Pub.L. 96-304, Title 
            I, Sec. 102(b), 94 Stat. 889.)
       440  Sec. 68c. Computation of compensation for stenographic 
                assistance of committees payable from Senate contingent 
                fund.
                Compensation for stenographic assistance of committees 
            paid out of the items under ``Contingent Expenses of the 
            Senate'' shall be computed at such rates \1\ and in 
            accordance with such regulations as may be prescribed by the 
            Committee on Rules and Administration, notwithstanding, and 
            without regard to any other provision of law. (June 27, 
            1956, Ch. 453, Sec. 101, 70 Stat. 360.)
                \1\ Pursuant to the authority granted by section 68c the 
                Committee on Rules and Administration issues 
                ``Regulations Governing Rates Payable to Commercial 
                Reporting Firms for Reporting Committee Hearings in the 
                Senate.'' Copies of the regulations currently in effect 
                may be obtained from the Committee.
       441  Sec. 68e. Advance payments by Secretary of Senate.
                (a) For fiscal year 1998, and each fiscal year 
            thereafter, the Secretary of the Senate is authorized to 
            make advance payments under a contract or other agreement to 
            provide a service or deliver an article for the United 
            States Government without regard to the provisions of 
            section 3324 of Title 31.
                (b) An advance payment authorized by subsection (a) 
            shall be made in accordance with regulations issued by the 
            Committee on Rules and Administration of the Senate.
                (c) The authority granted by subsection (a) shall not 
            take effect until regulations are issued pursuant to 
            subsection (b).

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

       442  Sec. 69. Expenses of committees payable from Senate 
                contingent fund.
                When any duty is imposed upon a committee involving 
            expenses that are ordered to be paid out of the contingent 
            fund of the Senate, upon vouchers to be approved by the 
            chairman of the committee charged with such duty, the 
            receipt of such chairman for any sum advanced to him or his 
            order out of said contingent fund by the Secretary of the 
            Senate for committee expenses not involving personal 
            services shall be taken and passed by the accounting 
            officers of the Government as a full and sufficient voucher; 
            but it shall be the duty of such chairman, as soon as 
            practicable, to furnish to the Secretary of the Senate 
            vouchers in detail for the expenses so incurred. (Mar. 3, 
            1879, Ch. 183, 20 Stat. 419; June 10, 1921, Ch. 18, 
            Sec. 305, 42 Stat. 24; June 22, 1949, Ch. 235, Sec. 101, 63 
            Stat. 218.)

[[Page 359]]

            Cross Reference
                Payments from contingent fund of Senate not to be made 
            unless sanctioned, the vouchers of which are declared 
            conclusive upon all departments of Government, see section 
            68 of this title (Senate Manual section 428).
       443  Sec. 69-1. Availability of funds for franked mail expenses.
                Funds in the account, within the contingent fund of the 
            Senate, available for the expenses of inquiries and 
            investigations shall be available for franked mail expenses 
            incurred by committees of the Senate the other expenses of 
            which are paid from that account. (Pub.L. 105-55, Title I, 
            Sec. 6(b), Oct. 7, 1997, 111 Stat. 1181.)
       444  Sec. 69a. Orientation seminars, etc., for new Senators, 
                Senate 
                officials or members of staffs of Senators or Senate 
                officials; payment of expenses.
                Effective July 1, 1979, there is authorized an expense 
            allowance for the Office of the Secretary of the Senate and 
            the Office of Sergeant at Arms and Doorkeeper of the Senate 
            which shall not exceed $30,000 each fiscal year for each 
            such office. Payments made under this section shall be 
            reimbursements only for actual expenses (including meals and 
            food-related expenses) incurred in the course of conducting 
            orientation seminars for Senators, Senate officials, or 
            members of the staffs of Senators or Senate officials and 
            other similar meetings, in the Capitol Building or the 
            Senate Office Buildings. Such payments shall be made upon 
            certification and documentation of such expenses by the 
            Secretary and Sergeant at Arms, respectively, and shall be 
            made out of the contingent fund of the Senate upon vouchers 
            signed by the Secretary and the Sergeant at Arms, 
            respectively. Amounts received as reimbursement of such 
            expenses shall not be reported as income, and the expenses 
            so reimbursed shall not be allowed as a deduction, under 
            Title 26. (Pub.L. 96-38, Title I, Sec. 107(a), July 25, 
            1979, 93 Stat. 112; Pub.L. 99-88, Sec. 193, Aug. 15, 1985, 
            99 Stat. 349; Pub.L. 100-202, Sec. 101(i) [Title I, Sec. 6], 
            Dec. 22, 1987, 101 Stat. 1329-290, 1329-294; Pub.L. 102-392, 
            Title I, Sec. 3, Oct. 6, 1992, 106 Stat. 1706; Pub.L. 108-
            83, Title I, Sec. 4, Sept. 30, 2003, 117 Stat. 1013; Pub.L. 
            110-161, Div. H, Title I, Sec. 6(a), Dec. 26, 2007, 121 
            Stat. 2222.)
       445  Sec. 69b. Senate Leader's Lecture Series.
                (a) There is established the Senate Leader's Lecture 
            Series (hereinafter referred to as the ``lecture series''). 
            Expenses incurred in connection with the lecture series 
            shall be paid from the appropriations account ``Secretary of 
            the Senate'' within the contingent fund of the Senate and 
            shall not exceed $30,000 in any fiscal year.
                (b) Payments for expenses in connection with the lecture 
            series may cover expenses incurred by speakers, including 
            travel, subsistence, and per diem, and the cost of 
            receptions, including food, food related items, and 
            hospitality.
                (c) Payments for expenses of the lecture series shall be 
            made on vouchers approved by the Secretary of the Senate.
                (d) This section is effective on and after October 1, 
            1997.

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

[[Page 360]]


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

[[Page 361]]

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

[[Page 362]]

            spect to continued employment with the committee as the 
            committee may deem necessary to assure that it will receive 
            the benefits of such employee's services upon completion of 
            his training.
                (4) During any period for which an employee is separated 
            from employment with a committee for the purpose of 
            undergoing training under this subsection, such employee 
            shall be considered to have performed service (in a nonpay 
            status) as an employee of the committee at the rate of 
            compensation received immediately prior to commencing such 
            training (including any increases in compensation provided 
            by law during the period of training) for the purposes of--
                            (A) subchapter III (relating to civil 
                        service retirement) of chapter 83 of Title 5,
                            (B) chapter 87 (relating to Federal 
                        employees group life insurance) of Title 5, and
                            (C) chapter 89 (relating to Federal 
                        employees group health insurance) of Title 5. 
                        (Aug. 2, 1946, Ch. 753, Sec. 202, 60 Stat. 834; 
                        July 30, 1947, Ch. 361, Sec. 101, 61 Stat. 611; 
                        Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955, 
                        Ch. 568, Sec. 12, 69 Stat. 509; Pub.L. 85-462, 
                        Sec. 4(o), June 20, 1958, 72 Stat. 209; Pub.L. 
                        88-426, Title II, Sec. 202(j), Aug. 14, 1964, 78 
                        Stat. 414; Pub.L. 91-510, Sec. Sec. 301(a)-(c), 
                        303-304, Title IV, Sec. 477(a)(3), Oct. 26, 
                        1970, 84 Stat. 1175, 1176, 1179, 1180, 1195; 
                        Pub.L. 92-136, Sec. 5, Oct. 11, 1971, 85 Stat. 
                        378; H. Res. 549, Mar. 25, 1980; Pub.L. 100-458, 
                        Sec. 312, Oct. 1, 1988, 102 Stat. 2184; Pub.L. 
                        104-186, Title II, Sec. 204(10-11), Aug. 20, 
                        1996, 110 Stat. 1731; Pub.L. 105-55, Title I, 
                        Sec. 105(a), Oct. 7, 1997, 111 Stat. 1184.)
       447  Sec. 72a-1e. Assistance to Senators with committee 
                memberships by employees in office of Senator.
            (1) Designation
                A Senator may designate employees in his office to 
            assist him in connection with his membership on committees 
            of the Senate. An employee may be designated with respect to 
            only one committee.
            (2) Certification; professional staff privileges
                An employee designated by a Senator under this section 
            shall be certified by him to the chairman and ranking 
            minority member of the committee with respect to which such 
            designation is made. Such employee shall be accorded all 
            privileges of a professional staff member (whether permanent 
            or investigatory) of such committee including access to all 
            committee sessions and files, except that any such committee 
            may restrict access to its sessions to one staff member per 
            Senator at a time and require, if classified material is 
            being handled or discussed, that any staff member possess 
            the appropriate security clearance before being allowed 
            access to such material or to discussion of it. Nothing 
            contained in this paragraph shall be construed to prohibit a 
            committee from adopting policies and practices with respect 
            to the application of this section which are similar to the 
            policies and practices adopted with respect to the 
            application of section 705(c)(1) of Senate Resolution 4, 
            95th Congress, and section 72a-1d(c)(1) [of] this title.
            (3) Termination
                A Senator shall notify the chairman and ranking minority 
            member of a committee whenever a designation of an employee 
            under this section

[[Page 363]]

            with respect to such committee is terminated. (Pub.L. 95-94, 
            Title I, Sec. 111(c), Aug. 5, 1977, 91 Stat. 662.)
       448  Sec. 72a-1f. Designation by Senator who is Chairman or Vice 
                Chairman of Senate Select Committee on Ethics of 
                employee in office of that Senator to perform part-time 
                service for Committee; amount reimbursable; procedure 
                applicable.
                Notwithstanding any other provisions of law, a Senator 
            who is the Chairman or Vice Chairman of the Senate Select 
            Committee on Ethics may designate one employee employed in 
            his Senate office to perform part-time service for such 
            Committee, and such Committee shall reimburse such Senator 
            for such employee's services for the Committee by 
            transferring from the contingent fund of the Senate, upon 
            vouchers approved by the Chairman of such Committee, to such 
            Senator's Administrative, Clerical, and Legislative 
            Assistance Allowance, with respect to each pay period of 
            such employee, an amount which bears the same ratio to such 
            employee's salary (but not more than one-half of such 
            salary) for such period, as the portion of the time spent 
            (or to be spent) by such employee in performing services for 
            such Committee during such period bears to the total time 
            for which such employee worked (or will work) during such 
            period (as determined by the Chairman of such Committee) for 
            such Committee and in such Senator's office. Any funds 
            transferred under authority of the preceding sentence to a 
            Senator's Administrative, Clerical, and Legislative 
            Assistance \1\ shall be available for the same purposes and 
            in like manner as funds therein which were not transferred 
            thereto under such authority. For purposes of any law of the 
            United States, a State, a territory, or a political 
            subdivision thereof, an employee designated by a Senator 
            pursuant to this section shall be considered to be an 
            employee of such Senator's Senate office and not an employee 
            of the Senate Select Committee on Ethics. (Pub.L. 98-367, 
            Title I, Sec.  10, July 17, 1984, 98 Stat. 476.)
                \1\ So in original. Probably should be ``Assistance 
                Allowance''.
       449  Sec. 72a-1g. Referral of ethics violations by Senate Ethics 
                Committee to Government Accountability Office for 
                investigation.
                If the Committee on Ethics of the Senate determines that 
            there is a reasonable basis to believe that a Member, 
            officer, or employee of the Senate may have committed an 
            ethics violation, the committee may request the Office of 
            Special Investigations of the Government Accountability 
            Office to conduct factfinding and an investigation into the 
            matter. The Office of Special Investigations shall promptly 
            investigate the matter as directed by the committee. (Pub.L. 
            101-194, Title V, Sec. 501, Nov. 30, 1989, 103 Stat. 1753; 
            Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       450  Sec. 72a-1h. Mandatory Senate ethics training for members 
                and staff.
            (a) Training program
                The Select Committee on Ethics shall conduct ongoing 
            ethics training and awareness programs for Members of the 
            Senate and Senate staff.

[[Page 364]]

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

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

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

                            (3) The number of alleged violations in 
                        which the committee staff conducted a 
                        preliminary inquiry.
                            (4) The number of alleged violations that 
                        resulted in an adjudicatory review.
                            (5) The number of alleged violations that 
                        the committee dismissed for lack of substantial 
                        merit.
                            (6) The number of private letters of 
                        admonition or public letters of admonition 
                        issued.
                            (7) The number of matters resulting in a 
                        disciplinary sanction.
                            (8) Any other information deemed by the 
                        committee to be appropriate to describe its 
                        activities in the preceding year. (Pub.L. 110-
                        81, Title V, Sec. 554, Sept. 14, 2007, 121 Stat. 
                        773.)
       452  Sec. 72d. Committee on Appropriations; discretionary powers.
                (a) The Committee on Appropriations is authorized in its 
            discretion--
                            (1) to hold hearings, report such hearings, 
                        and make investigations as authorized by 
                        paragraph 1 of rule XXVI of the Standing Rules 
                        of the Senate;
                            (2) to make expenditures from the contingent 
                        fund of the Senate;
                            (3) to employ personnel;
                            (4) with the prior consent of the Government 
                        department or agency concerned and the Committee 
                        on Rules and Administration to use, on a 
                        reimbursable or nonreimbursable basis, the 
                        services of personnel of any such department or 
                        agency;
                            (5) to procure the services of individual 
                        consultants, or organizations thereof (as 
                        authorized by section 72a(i) of this title and 
                        Senate Resolution 140, agreed to May 14, 1975, 
                        and except that any approval (and related 
                        reporting requirement) shall not apply); and
                            (6) to provide for the training of the 
                        professional staff of such committee (under 
                        procedures specified by section 72a(j) of this 
                        title).

[[Page 365]]

                (b) Senate Resolution 54, agreed to February 13, 1997, 
            is amended by striking section 4.
                (c) This section shall be effective on and after October 
            1, 1998, or October 21, 1998, whichever is later. (Pub.L. 
            105-275, Title I, Sec. 10, Oct. 21, 1998, 112 Stat. 2435; 
            Pub.L. 109-55, Sec. 6, Aug. 2, 2005, 119 Stat. 568.)
       453  Sec. 72d-1. Transfer of funds from the appropriation 
                accounts for salaries or expenses for the Appropriations 
                Committee of the Senate.
                (a)(1) The Chairman of the Appropriations Committee of 
            the Senate may, during any fiscal year, at his or her 
            election transfer funds from the appropriation account for 
            salaries for the Appropriations Committee of the Senate, to 
            the account, within the contingent fund of the Senate, from 
            which expenses are payable for such committee.
                (2) The Chairman of the Appropriations Committee of the 
            Senate may, during any fiscal year, at his or her election 
            transfer funds from the appropriation account for expenses, 
            within the contingent fund of the Senate, for the 
            Appropriations Committee of the Senate, to the account from 
            which salaries are payable for such committee.
                (b) Any funds transferred under this section shall be--
                            (1) available for expenditure by such 
                        committee in like manner and for the same 
                        purposes as are other moneys which are available 
                        for expenditure by such committee from the 
                        account to which the funds were transferred; and
                            (2) made at such time or times as the 
                        Chairman shall specify in writing to the Senate 
                        Disbursing Office.
                (c) This section shall take effect on October 1, 1998, 
            and shall be effective with respect to fiscal years 
            beginning on or after that date.

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

       454  Sec. 74b. Employment of additional administrative 
                assistants.
                The Secretary of the Senate is authorized to employ such 
            administrative assistants as may be necessary in order to 
            carry out the provisions of this Act under the jurisdiction 
            of the Secretary. (Aug. 2, 1946, Ch. 753, Sec. 244, 60 Stat. 
            839; Aug. 20, 1996, Pub.L. 104-186, Title II, Sec. 204(18), 
            110 Stat. 1732.)
       455  Sec. 88a. Repealed (Pub.L. 104-186, Title II, 
                Sec. 204(34)(A), Aug. 20, 1996, 110 Stat. 1734).
       456

  

            Sec. 88b. Education of other minors who are Senate 
                employees.
                The facilities provided for the education of 
            Congressional and Supreme Court pages shall be available 
            from and after January 2, 1947, also for the education of 
            such other minors who are Senate employees as may be 
            certified by the Secretary of the Senate to receive such 
            education. (Mar. 22, 1947, Ch. 20, Title I, 61 Stat. 16; 
            Pub.L. 98-367, Title I, Sec. 103, July 17, 1984, 98 Stat. 
            479; Pub.L. 104-186, Title II, Sec. 204(35), Aug. 20, 1996, 
            110 Stat. 1735.)
       457  Sec. 88b-1. Congressional pages.
            (a) Appointment conditions
                A person shall not be appointed as a page of the Senate 
            or House of Representatives--

[[Page 366]]

                            (1) unless he agrees that, in the absence of 
                        unforeseen circumstances preventing his service 
                        as a page after his appointment, he will 
                        continue to serve as a page for a period 
                        specified in writing at the time of the 
                        appointment; and
                            (2) until complete information in writing is 
                        transmitted to his parent or parents, his legal 
                        guardian, or other appropriate person or persons 
                        acting as his parent or parents, with respect to 
                        the nature of the work of pages, their pay, 
                        their working conditions (including hours and 
                        scheduling of work), and the housing 
                        accommodations available to pages.
            (b) Qualifications
                A person shall not serve as a page--
                            (1) of the Senate before he has attained the 
                        age of sixteen years; or
                            (2) of the House of Representatives before 
                        he has attained the age of sixteen years. 
                        (Pub.L. 91-510, Title IV, Sec. 491(a)-(d), Oct. 
                        26, 1970, 84 Stat. 1198; Pub.L. 97-51, 
                        Sec. Sec. 101(c), 123, Oct. 1, 1981, 95 Stat. 
                        959, 965; Pub.L. 104-186, Title II, 
                        Sec. 204(36), Aug. 20, 1996, 110 Stat. 1735; 
                        Pub.L. 108-447, Div. G, Title I, Sec. 9, Dec. 8, 
                        2004, 118 Stat. 3170.)
       458  Sec. 88b-7. Daniel Webster Senate Page Residence Revolving 
                Fund.
            (a) Establishment
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Daniel Webster Senate Page 
            Residence Revolving Fund (hereafter referred to in this 
            section as the ``fund''). The fund shall consist of all 
            rental payments and other moneys collected or received by 
            the Sergeant at Arms with regard to the Daniel Webster 
            Senate Page Residence. All moneys in the fund shall be 
            available without fiscal year limitation for disbursement by 
            the Secretary of the Senate in connection with operation and 
            maintenance of the Daniel Webster Senate Page Residence not 
            normally performed by the Architect of the Capitol. In 
            addition, such moneys may be used by the Sergeant at Arms to 
            purchase food and food related items and fund activities for 
            the pages.
            (b) Deposit of moneys
                All moneys received from rental payments and other 
            moneys (including donated moneys) collected or received by 
            the Sergeant at Arms with regard to the Daniel Webster 
            Senate Page Residence shall be deposited in the fund and 
            shall be available for purposes of this section.
            (c) Vouchers
                Disbursements from the fund shall be made upon vouchers 
            approved by the Sergeant at Arms, or the designee of the 
            Sergeant at Arms.
            (d) Regulations
                The Sergeant at Arms is authorized to prescribe such 
            regulations as may be necessary to carry out the provisions 
            of this section and to provide for the operations of the 
            Daniel Webster Senate Page Residence. (Pub.L. 103-283, Title 
            I, Sec. 4, July 22, 1994, 108 Stat. 1427; Pub.L. 104-53, 
            Title I, Sec. 6, Nov. 19, 1995, 109 Stat. 518.)

[[Page 367]]


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

                                (A) shall be in the eleventh grade; and

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

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

                                (A) shall have completed the tenth 
                            grade; and

                                (B) shall not have begun the twelfth 
                            grade.

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

[[Page 368]]

            the fiscal year ending June 30, 1928 (2 U.S.C. 92a) [this 
            section] shall not be applicable to any employee of the 
            Senate.''
       463  Sec. 101. Subletting duties of employees of Senate or House.
                No employee of Congress, either in the Senate or House, 
            shall sublet to, or hire, another to do or perform any part 
            of the duties or work attached to the position to which he 
            was appointed. (Mar. 2, 1895, Ch. 177, Sec. 1, 28 Stat. 
            771.)
       464  Sec. 102a. Withdrawal of unexpended balances of 
                appropriations.
                Notwithstanding the provisions of any other law, the 
            unexpended balances of appropriations for the fiscal year 
            1955 and succeeding fiscal years which are subject to 
            disbursement by the Secretary of the Senate or the Chief 
            Administrative Officer of the House of Representatives shall 
            be withdrawn as of June 30 of the second fiscal year 
            following the year for which provided, except that the 
            unexpended balances of such appropriations for the period 
            commencing on July 1, 1976, and ending on September 30, 
            1976, and for each fiscal year beginning on or after October 
            1, 1976, shall be withdrawn as of September 30 of the second 
            fiscal year following the period or year for which provided. 
            Unpaid obligations chargeable to any of the balances so 
            withdrawn or appropriations for prior years shall be 
            liquidated from any appropriations for the same general 
            purpose, which, at the time of payment, are available for 
            disbursement. (Pub.L. 85-58, Ch. XI, June 21, 1957, 71 Stat. 
            190; Pub.L. 94-303, Sec. 118(a), June 1, 1976, 90 Stat. 615; 
            Pub.L. 104-186, Title II, Sec. 204 (53), Aug. 20, 1996, 110 
            Stat. 1737.)
       465  Sec. 104a. Semiannual statements of expenditures by 
                Secretary of Senate and Chief Administrative Officer of 
                House.
                (1) Commencing with the semiannual period beginning on 
            July 1, 1964, and ending on December 31, 1964, and for each 
            semiannual period thereafter, the Secretary of the Senate 
            and the Chief Administrative Officer of the House of 
            Representatives shall compile, and, not later than sixty 
            days following the close of the semiannual period, submit to 
            the Senate and House of Representatives, respectively, and 
            make available to the public, in lieu of the reports and 
            information required by sections 102, 103, and 104 of this 
            title, and S. Res. 139, Eighty-sixth Congress, a report 
            containing a detailed statement, by items, of the manner in 
            which appropriations and other funds available for 
            disbursement by the Secretary of the Senate or the Chief 
            Administrative Officer of the House of Representatives, as 
            the case may be, have been expended during the semiannual 
            period covered by the report, including (1) the name of 
            every person to whom any part of such appropriation has been 
            paid, (2) if for anything furnished, the quantity and price 
            thereof, (3) if for services rendered, the nature of the 
            services, the time employed, and the name, title, and 
            specific amount paid to each person, and (4) a complete 
            statement of all amounts appropriated, received, or 
            expended, and any unexpended balances. Such reports shall 
            include the information contained in statements of 
            accountability and supporting vouchers submitted to the 
            Government Accountability Office pursuant to the provisions 
            of section 3523(a) of Title 31. Notwithstanding the 
            foregoing provisions of this section, in any case in which 
            the voucher or vouchers covering payment to any person for 
            attendance as a witness before any committee of the Senate 
            or House of Representatives, or

[[Page 369]]

            any subcommittee thereof, during any semiannual period, 
            indicate that all appearances of such person covered by such 
            voucher or vouchers were as a witness in executive session 
            of the committee or subcommittee, information regarding such 
            payment, except for date of payment, voucher number, and 
            amount paid, shall not be included in the report compiled 
            pursuant to this subsection for such semiannual period. Any 
            information excluded from a report for any semiannual period 
            by reason of the foregoing sentence shall be included in the 
            report compiled pursuant to this section for the succeeding 
            semiannual period. Reports required to be submitted to the 
            Senate and the House of Representatives under this section 
            shall be printed as Senate and House documents, 
            respectively.
                (2) The report by the Secretary of the Senate under 
            paragraph (1) for the semiannual period beginning on January 
            1, 1976, shall include the period beginning on July 1, 1976, 
            and ending on September 30, 1976, and such semiannual period 
            shall be treated as closing on September 30, 1976. 
            Thereafter, the report by the Secretary of the Senate under 
            paragraph (1) shall be for the semiannual periods beginning 
            on October 1, and ending on March 31 and beginning on April 
            1 and ending on September 30 of each year.
                (3) The report requirement relating to quantity, as 
            contained in subparagraph (2) of paragraph (1), does not 
            apply with respect to the Senate.
                (4) Each report by the Secretary of the Senate required 
            by paragraph (1) shall contain a separate summary of Senate 
            accounts statement for each office of the Senate authorized 
            to obligate appropriated funds, including each Senator's 
            office, each officer of the Senate, and each committee of 
            the Senate. The summary of Senate accounts statement shall 
            include--
                            (A) the total amount of appropriations made 
                        available or allocated to the office;
                            (B) any supplemental appropriation, transfer 
                        of funds, or rescission and the effect of such 
                        action on the appropriation or allocation to the 
                        office;
                            (C) total expenses incurred for salary and 
                        office expenses; and
                            (D) the unexpended balance.
                (5)(A) Notwithstanding the requirements of paragraph (1) 
            relating to the level of detail of statement and 
            itemization, each report by the Secretary of the Senate 
            required under such paragraph shall be compiled at a summary 
            level for each office of the Senate authorized to obligate 
            appropriated funds.
                            (B) Subparagraph (A) shall not apply to the 
                        reporting of expenditures relating to personnel 
                        compensation, travel and transportation of 
                        persons, other contractual services, and 
                        acquisition of assets.
                            (C) In carrying out this paragraph the 
                        Secretary of the Senate shall apply the Standard 
                        Federal Object Classification of Expenses as the 
                        Secretary determines appropriate.
                (6) Beginning with the report covering the first full 
            semiannual period of the 112th Congress, the Secretary of 
            the Senate--
                            (1) shall publicly post on-line on the 
                        website of the Senate each report in a 
                        searchable, itemized format as required under 
                        this section;

[[Page 370]]

                            (2) shall issue each report required under 
                        this section in electronic form; and
                            (3) may issue each report required under 
                        this section in other forms at the discretion of 
                        the Secretary of the Senate. (Pub.L. 88-454, 
                        Sec. 105(a), Aug. 20, 1964, 78 Stat. 550; Pub.L. 
                        88-656, Oct. 13, 1964, 78 Stat. 1088; Pub.L. 94-
                        303, Title I, Sec. 118(b)(1), June 1, 1976, 90 
                        Stat. 615; Pub.L. 102-392, Title I, Sec. 6, Oct. 
                        6, 1992, 106 Stat. 1707; Pub.L. 103-283, Title 
                        I, Sec. 3(a), July 22, 1994, 108 Stat. 1426; 
                        Pub.L. 104-186, Title II, Sec. 204(54), Aug. 20, 
                        1996, 110 Stat. 1738; Pub.L. 106-554, 
                        Sec. 1(a)(2) [Title I, Sec. 1(a)], Dec. 21, 
                        2000, 114 Stat. 2763, 2763A-95; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 
                        111-68, Div.A, Title I, Sec.  2, Oct. 1, 2009, 
                        123 Stat. 2026.)
       466  Sec. 104d. Notification of post-employment restrictions.
            (a) Notification of post-employment restrictions
                After a Member of Congress or an elected officer of 
            either House of Congress leaves office, or after the 
            termination of employment with the House of Representatives 
            or the Senate of an employee who is covered under paragraph 
            (2), (3), (4), or (5) of section 207(e) of Title 18, the 
            Clerk of the House of Representatives, after consultation 
            with the Committee on Standards of Official Conduct, or the 
            Secretary of the Senate, as the case may be, shall notify 
            the Member, officer, or employee of the beginning and ending 
            date of the prohibitions that apply to the Member, officer, 
            or employee under section 207(e) of that title.
            (b) Posting on Internet
                The Clerk of the House of Representatives, with respect 
            to notifications under subsection (a) of this section 
            relating to Members, officers, and employees of the House, 
            and the Secretary of the Senate, with respect to such 
            notifications relating to Members, officers, and employees 
            of the Senate, shall post the information contained in such 
            notifications on the public Internet site of the Office of 
            the Clerk or the Secretary of the Senate, as the case may 
            be, in a format that, to the extent technically practicable, 
            is searchable, sortable, and downloadable. (Pub.L. 110-81, 
            Title I, Sec. 103, Sept. 14, 2007, 121 Stat. 739.)
       467  Sec. 104f. Notification of post-employment restrictions.
            (a) In general
                After a Senator or an elected officer of the Senate 
            leaves office or after the termination of employment with 
            the Senate of an employee of the Senate, the Secretary of 
            the Senate shall notify the Member, officer, or employee of 
            the beginning and ending date of the prohibitions that apply 
            to the Member, officer, or employee under rule XXXVII of the 
            Standing Rules of the Senate.
            (b) Effective date
                This section shall take effect 60 days after September 
            14, 2007. (Pub.L. 110-81, Title V, Sec. 535, Sept. 14, 2007, 
            121 Stat. 766.)

[[Page 371]]


       468  Sec. 104g. Senate privately paid travel public website.
            (a) Travel disclosure
                Not later than January 1, 2008, the Secretary of the 
            Senate shall establish a publicly available website without 
            fee or without access charge, that contains information on 
            travel that is subject to disclosure under paragraph 2 of 
            rule XXXV of the Standing Rules of the Senate, that 
            includes, with respect to travel occurring on or after 
            January 1, 2008--
                            (1) a search engine;
                            (2) uniform categorization by Member, dates 
                        of travel, and any other common categories 
                        associated with congressional travel; and
                            (3) forms filed in the Senate relating to 
                        officially related travel.
            (b) Retention
                The Secretary of the Senate shall maintain the 
            information posted on the public Internet site of the Office 
            of the Secretary under this section for a period not longer 
            than 4 years after receiving the information.
            (c) Extension of authority
                If the Secretary of the Senate is unable to meet the 
            deadline established under subsection (a) of this section, 
            the Committee on Rules and Administration of the Senate may 
            grant an extension of the Secretary of the Senate.
            (e)\1\ Authorization of appropriations
                \1\ So in original. Probably should be subsec. (d).
                There are authorized to be appropriated such sums as are 
            necessary to carry out this section. (Pub.L. 110-81, Title 
            V, Sec. 546, Sept. 14, 2007, 121 Stat. 772.)
       469  Sec. 105. Preparation and contents of statement of 
                appropriations.
                The statement of all appropriations made during each 
            session of Congress shall be prepared under the direction of 
            the Committees on Appropriations of the Senate and House of 
            Representatives, and said statement shall contain a 
            chronological history of the regular appropriation bills 
            passed during the session for which it is prepared. The 
            statement shall indicate the amount of contracts authorized 
            by appropriation Acts in addition to appropriations made 
            therein, and shall also contain specific reference to all 
            indefinite appropriations made each session and shall 
            contain such additional information concerning estimates and 
            appropriations as the committees may deem necessary. (Oct. 
            19, 1888, Ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, Ch. 
            9, 30 Stat. 136; June 7, 1924, Ch. 303, Sec. 1, 43 Stat. 
            586.)
       470  Sec. 106. Stationery for Senate; advertisements for.
                The Secretary of the Senate shall annually advertise, 
            once a week for at least four weeks, in one or more of the 
            principal papers published in the District of Columbia, for 
            sealed proposals for supplying the Senate during the next 
            session of Congress with the necessary stationery. The 
            advertisement must describe the kind of stationery required, 
            and must require the proposals to be accompanied with 
            sufficient security for their

[[Page 372]]

            performance. (R.S. Sec. 65, 66; Feb. 18, 1875, Ch. 80, 
            Sec. 1, 18 Stat. 316; Pub.L. 104-186, Title II, 
            Sec. 204(55), Aug. 20, 1996, 110 Stat. 1738.)
       471  Sec. 107. Opening bids for Senate and House stationery; 
                awarding contracts.
                All such proposals shall be kept sealed until the day 
            specified in such advertisement for opening the same, when 
            the same shall be opened in the presence of at least two 
            persons, and the contract shall be given to the lowest 
            bidder, provided he shall give satisfactory security to 
            perform the same, under a forfeiture not exceeding double 
            the contract price in case of failure; and in case the 
            lowest bidder shall fail to enter into such contract and 
            give such security, within a time to be fixed in such 
            advertisement, then the contract shall be given to the next 
            lowest bidder, who shall enter into such contract, and give 
            such security. And in case of failure by the person entering 
            into such contract to perform the same, he and his sureties 
            shall be liable for the forfeiture specified in such 
            contract, as liquidated damages, to be sued for in the name 
            of the United States. (R.S. Sec. 67; Feb. 18, 1875, Ch. 80, 
            Sec. 1, 18 Stat. 316.)
       472  Sec. 108. Contracts for separate parts of Senate stationery.
                Sections 106 and 107 of this title shall not prevent the 
            Secretary from contracting for separate parts of the 
            supplies of stationery required to be furnished. (R.S. 
            Sec. 68, Pub.L. 104-186, Title II, Sec. 204(56), Aug. 20, 
            1996, 110 Stat. 1738.)
       473  Sec. 109. American goods to be preferred in purchases for 
                Senate and House.
                The Secretary of the Senate and the Chief Administrative 
            Officer of the House of Representatives shall, in disbursing 
            the public moneys for the use of the two Houses, 
            respectively, purchase only articles the growth and 
            manufacture of the United States, provided the articles 
            required can be procured of such growth and manufacture upon 
            as good terms as to quality and price as are demanded for 
            like articles of foreign growth and manufacture. (R.S. 
            Sec. 69; Aug. 20, 1996, Pub.L. 104-186, Title II, 
            Sec. 204(57), 110 Stat. 1738.)
       474  Sec. 110. Purchase of paper, envelopes, etc., for stationery 
                rooms of Senate and House.
                Paper, envelopes, and blank books required by the 
            stationery rooms of the Senate and House of Representatives 
            for sale to Senators and Members for official use may be 
            purchased from the Public Printer at actual cost thereof and 
            payment therefor shall be made before delivery. (June 5, 
            1920, Ch. 253, Sec. 1, 41 Stat. 1036.)
       475  Sec. 111. Purchase of supplies for Senate and House.
                Supplies for use of the Senate and the House of 
            Representatives may be purchased in accordance with the 
            schedule of contract articles and prices of the 
            Administrator of General Services. (June 5, 1920, Ch. 253, 
            Sec. 1, 41 Stat. 1036; Ex. Ord. No. 6166, Sec. 1, June 10, 
            1933; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)

[[Page 373]]


       476  Sec. 111a. Receipts from sales of items by Sergeant at Arms 
                and Doorkeeper of Senate, to Senators, etc., to be 
                credited to appropriation from which purchased.
                In any case in which appropriated funds are used by a 
            Senator or a committee or office of the Senate to purchase 
            from the Sergeant at Arms and Doorkeeper of the Senate items 
            which were purchased by him from the appropriation for 
            ``miscellaneous items'' under ``Contingent Expenses of the 
            Senate'' in any appropriation Act, the amounts received by 
            the Sergeant at Arms and Doorkeeper shall be deposited in 
            the Treasury of the United States for credit to such 
            appropriation. This section does not apply to amounts 
            received from the sale of used or surplus furniture and 
            equipment. (Pub.L. 96-214, Mar. 24, 1980, 94 Stat. 122.)
       477  Sec. 111b. Contracts to furnish property, supplies, or 
                services to Congress; terms varying from those offered 
                other entities of Federal Government.
                Notwithstanding any provision to the contrary in any 
            contract which is entered into by any person and either the 
            Administrator of General Services or a contracting officer 
            of any executive agency and under which such person agrees 
            to sell or lease to the Federal Government (or any one or 
            more entities thereof) any unit of property, supplies, or 
            services at a specified price or under specified terms and 
            conditions (or both), such person may sell or lease to the 
            Congress the same type of such property, supplies, or 
            services at a unit price or under terms and conditions (or 
            both) which are different from those specified in such 
            contract; and any such sale or lease of any unit or units of 
            such property, supplies, or services to the Congress shall 
            not be taken into account for the purpose of determining the 
            price at which, or the terms and conditions under which, 
            such person is obligated under such contract to sell or 
            lease any unit of such property, supplies, or services to 
            any entity of the Federal Government other than the 
            Congress. For purposes of the preceding sentence, any sale 
            or lease of property, supplies, or services to the Senate 
            (or any office or instrumentality thereof) or to the House 
            of Representatives (or any office or instrumentality 
            thereof) shall be deemed to be a sale or lease of such 
            property, supplies, or services to the Congress. (Pub.L. 98-
            63, Title I, Sec.  903(a), July 30, 1983, 97 Stat. 336.)
       478  Sec. 112. Purchases of stationery and materials for folding.
                Purchases of stationery and materials for folding shall 
            be made in accordance with sections 106 to 109 of this 
            title.
                All contracts and bonds for purchases made under the 
            authority of this section shall be filed with the Committee 
            on Rules and Administration of the Senate. (Mar. 3, 1887, 
            ch. 392, Sec. 1, 24 Stat. 596; Aug. 2, 1946, ch. 753, 
            Sec. Sec. 102, 121, 60 Stat. 814, 822; Aug. 20, 1996, Pub.L. 
            104-186, Title II, Sec. 204(58), 110 Stat. 1738.)
       479  Sec. 113. Detailed reports of receipts and expenditures by 
                Secretary of Senate and Chief Administrative Officer of 
                House.\1\
                \1\ Superseded by section 105(a) of Pub.L. 88-454, Aug. 
                20, 1964, 78 Stat. 550, as amended. See Senate Manual 
                section 465.
                The Secretary of the Senate and the Chief Administrative 
            Officer of the House of Representatives, respectively, shall 
            report to Congress

[[Page 374]]

            on the first day of each regular session, and at the 
            expiration of their terms of service, a full and complete 
            statement of all their receipts and expenditures as such 
            officers, showing in detail the items of expense, 
            classifying them under the proper appropriations, and also 
            showing the aggregate thereof, and exhibiting in a clear and 
            concise manner the exact condition of all public moneys by 
            them received, paid out, and remaining in their possession 
            as such officers. (R.S. Sec. 70; Aug. 20, 1996, Pub.L. 104-
            186, Title II Sec. 204(60), 110 Stat. 1738.)
       480  Sec. 114. Fees for copies from Senate journals.
                The Secretary of the Senate is entitled, for 
            transcribing and certifying extracts from the Journal of the 
            Senate or the executive Journal of the Senate when the 
            injunction of secrecy has been removed, except when such 
            transcripts are required by an officer of the United States 
            in a matter relating to the duties of his office, to receive 
            from the persons for whom such transcripts are prepared the 
            sum of 10 cents for each sheet containing one hundred words. 
            (R.S. Sec. 71; Pub.L. 104-186, Title II, Sec. 204(61), Aug. 
            20, 1996, 110 Stat. 1738.)
       481  Sec. 117. Sale of waste paper and condemned furniture.
                It shall be the duty of the Secretary and Sergeant at 
            Arms of the Senate to cause to be sold all waste paper and 
            useless documents and condemned furniture that may 
            accumulate, in their respective departments or offices, 
            under the direction of the Committee on Rules and 
            Administration of the Senate and cover the proceeds thereof 
            into the Treasury. (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 
            337; May 29, 1928, ch. 901, Sec. 1, 45 Stat. 995; Pub.L. 
            104-186, Title II, Sec. 204(62), Aug. 20, 1996, 110 Stat. 
            1739.)
       482  Sec. 117b. Disposal of used or surplus furniture and 
                equipment by Sergeant at Arms and Doorkeeper of Senate; 
                procedure; deposit of receipts.
                Effective October 1, 1981, the Sergeant at Arms and 
            Doorkeeper of the Senate is authorized to dispose of used or 
            surplus furniture and equipment by trade-in or by sale 
            directly or through the General Services Administration. 
            Receipts from the sale of such furniture and equipment shall 
            be deposited in the United States Treasury for credit to the 
            appropriation for ``Miscellaneous Items'' under the heading 
            ``Contingent Expenses of the Senate''. (Pub.L. 95-94, Title 
            I, Sec. 103, Aug. 5, 1977, 91 Stat. 660; Pub.L. 97-51, 
            Sec. 118, Oct. 1, 1981, 95 Stat. 964.)
       483  Sec. 117b-1. Receipts from sale of used or surplus furniture 
                and furnishings of Senate.
                On and after October 1, 1982, receipts from the sale of 
            used or surplus furniture and finishings shall be deposited 
            in the United States Treasury for credit to the 
            appropriation for ``Senate Office Buildings'' under the 
            heading ``Architect of the Capitol.'' (Pub.L. 97-276, 
            Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189.)

[[Page 375]]


       484  Sec. 117b-2. Transfer of excess or surplus educationally 
                useful 
                equipment to public schools.
            (a) Authorization
                The Sergeant at Arms and Doorkeeper of the Senate may 
            directly, or through the General Services Administration, 
            transfer title to excess or surplus educationally useful 
            equipment to a public school. Any such transfer shall be 
            completed at the lowest possible cost to the public school 
            and the Senate.
            (b) Regulations
                The Committee on Rules and Administration of the Senate 
            shall prescribe regulations to carry out the provisions of 
            this section.
            (c) Deposit of receipts
                Receipts from reimbursements for the costs of transfer 
            of excess or surplus educationally useful equipment under 
            this section, shall be deposited in the United States 
            Treasury for credit to the account for the ``Sergeant at 
            Arms and Doorkeeper of the Senate'' within the contingent 
            fund of the Senate.
            (d) Definitions
                For the purposes of this section:
                            (1) The term ``public school'' means a 
                        public elementary or secondary school as such 
                        terms are defined in section 7801 of Title 20.
                            (2) The term ``educationally useful 
                        equipment'' means computers and related 
                        peripheral tools, including printers, modems, 
                        routers, servers, computer keyboards, scanners, 
                        and other telecommunications and research 
                        equipment, that are appropriate for use in 
                        public school education.
            (e) Effective date
                This section shall take effect beginning with fiscal 
            year 1997 and shall be effective each fiscal year 
            thereafter. (Pub.L. 104-197, Title I, Sec. 5, Sept. 16, 
            1996, 110 Stat. 2397; Pub.L. 107-110, Title X, Sec. 1076(a), 
            Jan. 8, 2002, 115 Stat. 2091.)
       485  Sec. 117c. Disposal of used or surplus automobiles and 
                trucks by Sergeant at Arms and Doorkeeper of Senate; 
                procedure; deposit of receipts.
                On and after October 1, 1982, the Sergeant at Arms and 
            Doorkeeper of the Senate is authorized to dispose of used or 
            surplus automobiles and trucks by trade-in or by sale 
            through the General Services Administration. Receipts from 
            the sale of such automobiles and trucks shall be deposited 
            in the United States Treasury for credit to the 
            appropriation for ``Automobiles and Maintenance'' under the 
            heading ``Contingent Expenses of the Senate''. (Pub.L. 97-
            276, Sec.  101(e), Oct. 2, 1982, 96 Stat. 1189.)

[[Page 376]]


       486  Sec. 117d. Reimbursements to Sergeant at Arms and Doorkeeper 
                of Senate for equipment provided to Senators, etc., 
                which has been lost, stolen, damaged, or otherwise 
                unaccounted for; deposit of receipts.
                The Sergeant at Arms and Doorkeeper of the Senate shall 
            deposit in the United States Treasury for credit to the 
            appropriation account, within the contingent fund of the 
            Senate, for the ``Sergeant at Arms and Doorkeeper of the 
            Senate'', all moneys received by him as reimbursement for 
            equipment provided to Senators, committee chairmen, and 
            other officers and employees of the Senate, which has been 
            lost, stolen, damaged, or otherwise unaccounted for. (Pub.L. 
            98-367, Title I, Sec.  5, July 17, 1984, 98 Stat. 475.)
       487  Sec. 118. Actions against officers for official acts.\1\
                \1\ Rule 69(b) of Federal Rules of Civil Procedure 
                provides as to judgments against public officers.
                In any action brought against any person for or on 
            account of anything done by him while an officer of either 
            House of Congress in the discharge of his official duty, in 
            executing any order of such House, the United States 
            attorney for the district within which the action is 
            brought, on being thereto requested by the officer sued, 
            shall enter an appearance in behalf of such officer; and all 
            provisions of the eighth section of the Act of July 28, 
            1866, entitled ``An Act to protect the revenue, and for 
            other purposes'', and also all provisions of the sections of 
            former Acts therein referred to, so far as the same relate 
            to the removal of suits, the withholding of executions, and 
            the paying of judgments against revenue or other officers of 
            the United States, shall become applicable to such action 
            and to all proceedings and matters whatsoever connected 
            therewith, and the defense of such action shall thenceforth 
            be conducted under the supervision and direction of the 
            Attorney General. (Mar. 3, 1875, ch. 130, Sec. 8, 18 Stat. 
            401; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)
       488  Sec. 118a. Officers of Senate.
                Section 118 of this title shall not apply to officers of 
            the Senate. (Pub.L. 95-521, Title VII, Sec. 714(d), Oct. 26, 
            1978, 92 Stat. 1884.)
       489  Sec. 119. Stationery rooms of House and Senate; 
                specifications of classes of articles purchasable.
                The Committee on House Oversight of the House of 
            Representatives and the Committee on Rules and 
            Administration of the Senate, respectively, shall make and 
            issue regulations specifying the classes of articles which 
            may be purchased by or through the stationery rooms of the 
            House and Senate. (May 13, 1926, ch. 294, Sec. 2, 44 Stat. 
            552; Aug. 2, 1946, ch. 753, Title I, Sec. Sec. 102, 121, 60 
            Stat. 814, 822; Pub.L. 104-186, Title II, Sec. 204(65), Aug. 
            20, 1996, 110 Stat. 1739.)
       490  Sec. 121. Senate restaurant deficit fund; deposit of 
                proceeds from surcharge on orders.
                The Committee on Rules and Administration of the United 
            States Senate is authorized and directed hereafter to add a 
            minimum of 10 per centum to each order in excess of 10 cents 
            served in the Senate restaurants and 20 per centum to all 
            orders served outside of said restaurants, and the proceeds 
            accruing therefrom shall be placed in

[[Page 377]]

            a fund to be used in the payment of any deficit incurred in 
            the management of such kitchens and restaurants. (May 18, 
            1937, ch. 223, Sec. 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, 
            Sec. 102, 60 Stat. 814.)
            Cross Reference
                For jurisdiction over, and management of, Senate 
            restaurants, see section 2042 of this title (Senate Manual 
            section 921).
       491  Sec. 12lb-1. Senate Hair Care Services; personnel; revolving 
                fund.
                (a) The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized to appoint and fix the compensation of such 
            employees as may be necessary to operate Senate Hair Care 
            Services.
                (b) There is established in the Treasury of the United 
            States within the contingent fund of the Senate a revolving 
            fund to be known as the Senate Hair Care Services Revolving 
            Fund (hereafter in this section referred to as the 
            ``revolving fund'').
                (c)(1) All moneys received by Senate Hair Care Services 
            from fees for services or from any other source shall be 
            deposited in the revolving fund.
                (2) Moneys in the revolving fund shall be available 
            without fiscal year limitation for disbursement by the 
            Secretary of the Senate--
                            (A) for the payment of salaries of employees 
                        of Senate Hair Care Services; and
                            (B) for necessary supplies, equipment, and 
                        other expenses of Senate Hair Care Services.
                (3) The provisions of section 5104(c), except for the 
            provisions relating to solicitation, shall not apply to any 
            activity carried out pursuant to this section, subject to 
            approval of such activities by the Committee on Rules and 
            Administration.
                (3) Agency contributions for employees of Senate Hair 
            Care Services shall be paid from the appropriations account 
            for ``Salaries, Officers and Employees''.\1\
                \1\ Pub.L. 106-554, Sec. 1(a)(2) [Title I Sec. 3(a)], 
                Dec. 21, 2000, 114 Stat. 2763, 2763A-96 amended 
                subsection (c) and added a second paragraph (3) pursuant 
                to a drafting error.
                (d) Disbursements from the revolving fund shall be made 
            upon vouchers signed by the Sergeant at Arms and Doorkeeper 
            of the Senate, except that vouchers shall not be required 
            for the disbursement of salaries paid at an annual rate.
                (e) At the direction of the Committee on Rules and 
            Administration, the Secretary of the Senate shall withdraw 
            from the revolving fund and deposit in the Treasury of the 
            United States as miscellaneous receipts all moneys in the 
            revolving fund that the Committee may determine are in 
            excess of the current and reasonably foreseeable needs of 
            Senate Hair Care Services.
                (f) The Sergeant at Arms and Doorkeeper of the Senate 
            are authorized to prescribe such regulations as may be 
            necessary to carry out the provisions of this section, 
            subject to the approval of the Committee on Rules and 
            Administration.
                (g) There is transferred to the revolving fund 
            established by this section any unobligated balance in the 
            fund established by section 121a of this title on the 
            effective date of this section.
                (h) Omitted.

[[Page 378]]

                (i) This section shall be effective on and after October 
            1, 1998, or 30 days after October 21, 1998, whichever is 
            later.

            (Pub.L. 105-275, Title I, Sec. 6, Oct. 21, 1998, 112 Stat. 
            2434; Pub.L. 106-57, Title I, Sec. 4, Sept. 29, 1999, 113 
            Stat. 412; Pub.L. 106-554, Sec. 1(a)(2) [Title I, 
            Sec. 3(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-96.)

       492  Sec. 121c. Office of Senate Health Promotion.
            (a) Establishment
                The Sergeant at Arms and Doorkeeper of the Senate is 
            authorized to establish an Office of Senate Health 
            Promotion.
            (b) Fees, assessments, and charges
                (1) In carrying out this section, the Sergeant at Arms 
            and Doorkeeper of the Senate is authorized to establish, or 
            provide for the establishment of, exercise classes and other 
            health services and activities on a continuing and regular 
            basis. In providing for such classes, services, and 
            activities, the Sergeant at Arms and Doorkeeper of the 
            Senate is authorized to impose and collect fees, 
            assessments, and other charges to defray the costs involved 
            in promoting the health of Members, officers, and employees 
            of the Senate. For purposes of this section, the term 
            ``employees of the Senate'' shall have such meaning as the 
            Sergeant at Arms, by regulation, may prescribe.
                (2) All fees, assessments, and charges imposed and 
            collected by the Sergeant at Arms pursuant to paragraph (1) 
            shall be deposited in the revolving fund established 
            pursuant to subsection (c) of this section and shall be 
            available for purposes of this section.
            (c) Senate Health Promotion Revolving Fund
                There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Senate Health Promotion Revolving 
            Fund (hereinafter referred to in this section as the 
            ``fund''). The fund shall consist of all amounts collected 
            or received by the Sergeant at Arms and Doorkeeper of the 
            Senate as fees, assessments, and other charges for 
            activities and services to carry out the provisions of this 
            section. All moneys in the fund shall be available without 
            fiscal year limitation for disbursement by the Secretary of 
            the Senate for promoting the health of Members, officers, 
            and employees of the Senate. On or before December 31 of 
            each year, the Secretary of the Senate shall withdraw from 
            the fund and deposit in the Treasury of the United States as 
            miscellaneous receipts all moneys in excess of $5,000 in the 
            fund at the close of the preceding fiscal year.
            (d) Vouchers
                Disbursements from the revolving fund shall be made upon 
            vouchers signed by the Sergeant at Arms and Doorkeeper of 
            the Senate.
            (e) Inapplicability of provisions prohibiting sales, 
                advertisements, or solicitations in Capitol grounds
                The provisions of section 5104(c) of Title 40 shall not 
            be applicable to any class, service, or other activity 
            carried out pursuant to the provisions of this section.

[[Page 379]]

            (f) Regulations
                The provisions of this section shall be carried out in 
            accordance with regulations which shall be promulgated by 
            the Sergeant at Arms and Doorkeeper of the Senate and 
            subject to approval at the beginning of each Congress by the 
            Committee on Rules and Administration of the Senate. (Pub.L. 
            101-163, Title I, Sec. 4, Nov. 21, 1989, 103 Stat. 1044; 
            Pub.L. 102-90, Title I, Sec. 2, Aug. 14, 1991, 105 Stat. 
            450.)
       493  Sec. 121d. Senate Gift Shop.
            (a) Establishment
                The Secretary of the Senate is authorized to establish a 
            Senate Gift Shop for the purpose of providing for the sale 
            of gift items to Members of the Senate, staff, and the 
            general public.
            (b) Deposit of receipts
                All moneys received from sales and other services by the 
            Senate Gift Shop shall be deposited in the revolving fund 
            established by subsection (c) of this section and shall be 
            available for purposes of this section.
            (c) Revolving fund
                (1) There is established in the Treasury of the United 
            States a revolving fund within the contingent fund of the 
            Senate to be known as the Senate Gift Shop Revolving Fund 
            (hereafter referred to in this section as the ``fund''). The 
            fund shall consist of all amounts collected or received by 
            the Secretary of the Senate from sales and services by the 
            Senate Gift Shop. All moneys in the fund shall be available 
            without fiscal year limitation for disbursement by the 
            Secretary of the Senate in connection with the operation of 
            the Senate Gift Shop, including supplies, equipment, and 
            other expenses. In addition, such moneys may be used by the 
            Secretary of the Senate to reimburse the Senate 
            appropriations account, appropriated under the heading 
            ``SALARIES, OFFICERS AND EMPLOYEES'' and ``OFFICE OF THE 
            SECRETARY'', for amounts used from such account to pay the 
            salaries of employees of the Senate Gift Shop.
                (2) The Secretary of the Senate may transfer from the 
            fund to the Capitol Preservation Fund the net profits (as 
            determined by the Secretary) from sales of items by the 
            Senate Gift Shop which are intended to benefit the Capitol 
            Visitor Center.
                (3) The Secretary of the Senate may transfer from the 
            fund to the Senate Employee Child Care Center proceeds from 
            the sale of holiday ornaments by the Senate Gift Shop for 
            the purpose of funding necessary activities and expenses of 
            the Center, including scholarships, educational supplies, 
            and equipment.
            (d) Exception to prohibition of sale or solicitation on 
                Capitol Grounds
                The provisions of section 5104(c) of Title 40 shall not 
            be applicable to any activity carried out pursuant to this 
            section.
            (e) Transfer of moneys from Stationery Revolving Fund
                To provide capital for the fund, the Secretary of the 
            Senate is authorized to transfer, from moneys in the 
            Stationery Revolving Fund in the contingent fund of the 
            Senate, to the fund such sum as he may determine necessary, 
            not to exceed $300,000.

[[Page 380]]

            (f) Authorization to expend from appropriations account for 
                initial expenses
                For the purpose of acquiring supplies, equipment, and 
            meeting other initial expenses in implementing subsection 
            (a) of this section, the Secretary of the Senate is 
            authorized, upon October 6, 1992, to expend, from moneys 
            appropriated to the appropriations account, within the 
            contingent fund of the Senate, for expenses of the Secretary 
            of the Senate, by the Legislative Branch Appropriations Act, 
            1991, such amounts as may be necessary to carry out this 
            section.
            (g) Disbursement on approved voucher
                Disbursements from the fund shall be made upon vouchers 
            approved by the Secretary of the Senate, or his designee.
            (h) Regulations
                The Secretary of the Senate is authorized to prescribe 
            such regulations as may be necessary to carry out the 
            provisions of this section. (Pub.L. 102-392, Title I, 
            Sec. 2, Oct. 6, 1992, 106 Stat. 1706; Pub.L. 107-68, Title 
            I, Sec. 107(a), Nov. 12, 2001, 115 Stat. 568; Pub.L. 110-39, 
            Sec. 1, June 21, 2007, 121 Stat. 231.)
       494  Sec. 121e. Payment of fees for services of Attending 
                Physician and for use of Senate health and fitness 
                facilities.
            (a) Regulations
                The Senate Committee on Rules and Administration shall 
            promulgate regulations--
                            (1) pertaining to the services provided by 
                        the Attending Physician and the operation and 
                        use of the Senate health and fitness facilities; 
                        and
                            (2) requiring the payment of fees for 
                        services received from the Attending Physician 
                        and for the use of the Senate health and fitness 
                        facilities pursuant to such regulations.
            (b) Withholding of fees from salary
                The Secretary of the Senate is authorized to withhold 
            fees from the salary of an individual authorized by such 
            regulations to receive such services from the Attending 
            Physician and to use the Senate health and fitness 
            facilities.
            (c) Deposit in General Fund
                The Secretary of the Senate shall remit all fees 
            required by subsection (a)(2) of this section that are 
            collected pursuant to subsection (b) of this section or by 
            direct payment to the General Fund of the Treasury as 
            miscellaneous receipts unless otherwise provided by law.
            (d) Effective date
                The provision of this section shall take effect on April 
            9, 1992. (Pub.L. 102-392, Title III, Sec. 314, Oct. 6, 1992, 
            106 Stat. 1723.)
       495  Sec. 121f. Senate Health and Fitness Facility Revolving 
                Fund.
                (a) There is established in the Treasury of the United 
            States a revolving fund to be known as the Senate Staff 
            Health and Fitness Facility Revolving Fund (``the revolving 
            fund'').
                (b) The Architect of the Capitol shall deposit in the 
            revolving fund--

[[Page 381]]

                            (1) any amounts received as dues or other 
                        assessments for use of the Senate Staff Health 
                        and Fitness Facility, and
                            (2) any amounts received from the operation 
                        of the Senate waste recycling program.
                (c) Subject to the approval of the Committee on 
            Appropriations of the Senate, amounts in the revolving fund 
            shall be available to the Architect of the Capitol, without 
            fiscal year limitation, for payment of costs of the Senate 
            Staff Health and Fitness Facility.
                (d) The Architect of the Capitol shall withdraw from the 
            revolving fund and deposit in the Treasury of the United 
            States as miscellaneous receipts all moneys in the revolving 
            fund that the Architect determines are in excess of the 
            current and reasonably foreseeable needs of the Senate Staff 
            Health and Fitness Facility.
                (e) The Committee on Rules and Administration of the 
            Senate shall promulgate regulations pertaining to the 
            operation and use of the Senate Staff Health and Fitness 
            Facility. (Pub.L. 106-554, Sec. 1(a)(2) [Title I, Sec. 4], 
            Dec. 21, 2000, 114 Stat. 2763, 2763A-96; Pub.L. 108-7, Div. 
            H, Title I, Sec. 1207, Feb. 20, 2003, 117 Stat. 375.)
       496  Sec. 121g. Authority of Attending Physician in response to 
                medical contingencies or public health emergencies at 
                Capitol.
            (a) In general
                The Attending Physician to Congress shall have the 
            authority and responsibility for overseeing and coordinating 
            the use of medical assets in response to a bioterrorism 
            event and other medical contingencies or public health 
            emergencies occurring within the Capitol Buildings or the 
            United States Capitol Grounds. This shall include the 
            authority to enact quarantine and to declare death. These 
            actions will be carried out in close cooperation and 
            communication with the Commissioner of Public Health, Chief 
            Medical Examiner, and other Public Health Officials of the 
            District of Columbia government.
            (b) Definitions
                In this section--
                            (1) the term ``Capitol Buildings'' has the 
                        meaning given such term in section 5101 of Title 
                        40; and
                            (2) the term ``United States Capitol 
                        Grounds'' has the meaning given such term in 
                        section 5102(a) of Title 40.
            (c) Effective Date
                Subsection (a) of this section shall take effect on 
            January 23, 2004, and shall apply during any fiscal year 
            occurring on or after January 23, 2004. (Pub.L. 108-199, 
            Div. H, Sec. 151, Jan. 23, 2004, 118 Stat. 448.)
       497  Sec. 123b. House Recording Studio; Senate Recording Studio 
                and Senate Photographic Studio.
            (a) Establishment
                There is established the House Recording Studio, the 
            Senate Recording Studio, and the Senate Photographic Studio.
            (b) Assistance in making disk, film, and tape recordings; 
                exclusiveness of use
                The House Recording Studio shall assist Members of the 
            House of Representatives in making disk, film, and tape 
            recordings, and in per

[[Page 382]]

            forming such other functions and duties in connection with 
            the making of such recordings as may be necessary. The 
            Senate Recording Studio and the Senate Photographic Studio 
            shall assist Members of the Senate and committees of the 
            Senate in making disk, film, and tape recordings, and in 
            performing such other functions and duties in connection 
            with the making of such recordings as may be necessary. The 
            House Recording Studio shall be for the exclusive use of 
            Members of the House of Representatives (including the 
            Delegates and the Resident Commissioner from Puerto Rico); 
            the Senate Recording Studio and the Senate Photographic 
            Studio shall be for the exclusive use of Members of the 
            Senate, the Vice President, committees of the Senate, the 
            Secretary of the Senate, and the Sergeant at Arms of the 
            Senate.
            (c) Operation of studios
                The House Recording Studio shall be operated by the 
            Chief Administrative Officer of the House of Representatives 
            under the direction and control of a committee which is 
            created (hereinafter referred to as the committee) composed 
            of three Members of the House. Two members of the committee 
            shall be from the majority party and one member shall be 
            from the minority party, to be appointed by the Speaker. The 
            committee is authorized to issue such rules and regulations 
            relating to operation of the House Recording Studio as it 
            may deem necessary.
                The Senate Recording Studio and the Senate Photographic 
            Studio shall be operated by the Sergeant at Arms of the 
            Senate under the direction and control of the Committee on 
            Rules and Administration of the Senate. The Committee on 
            Rules and Administration is authorized to issue such rules 
            and regulations relating to operation of the Senate 
            Recording Studio and the Senate Photographic Studio as it 
            may deem necessary.
            (d) Prices of disk, film, and tape recordings; collection of 
                moneys
                The Chief Administrative Officer of the House of 
            Representatives shall, subject to the approval of the 
            committee, set the price of making disk, film, and tape 
            recordings, and collect all moneys owed the House Recording 
            Studio. The Committee on Rules and Administration of the 
            Senate shall set the price of making disk, film, and tape 
            recordings and all moneys owed the Senate Recording Studio 
            and the Senate Photographic Studio shall be collected by the 
            Sergeant at Arms of the Senate.
            (e) Restrictions on expenditures
                No moneys shall be expended or obligated for the House 
            Recording Studio except as shall be pursuant to such 
            regulations as the committee may approve. No moneys shall be 
            expended or obligated by the Director of the Senate 
            Recording Studio or the Director of the Senate Photographic 
            Studio until approval therefor has been obtained from the 
            Sergeant at Arms of the Senate.
            (f) Appointment of Director and other employees of House 
                Recording Studio
                The Chief Administrative Officer of the House of 
            Representatives is authorized, subject to the approval of 
            the committee, to appoint a Director of the House Recording 
            Studio and such other employees as are deemed necessary to 
            the operation of the House Recording Studio.

[[Page 383]]

            (g) Revolving funds
                There is established in the Treasury of the United 
            States, a revolving fund for the House Recording Studio for 
            the purposes of administering the duties of that studio. 
            There is also established in the Treasury of the United 
            States a revolving fund, within the contingent fund of the 
            Senate, which shall be known as the ``Senate Photographic 
            Studio Revolving Fund'', for the purpose of administering 
            the duties of the Senate Photographic Studio; and there is 
            established in the Treasury of the United States, a 
            revolving fund, within the contingent fund of the Senate, 
            which shall be known as the ``Senate Recording Studio 
            Revolving Fund'', for the purpose of administering the 
            duties of the Senate Recording Studio.
            (h) Deposits in funds; availability of funds
                All moneys received by the House Recording Studio from 
            Members of the House of Representatives for disk, film, or 
            tape recordings, or from any other source, shall be 
            deposited by the Chief Administrative Officer of the House 
            of Representatives in the revolving fund established for the 
            House Recording Studio by subsection (g) of this section; 
            moneys in such fund shall be available for disbursement 
            therefrom by the Chief Administrative Officer of the House 
            of Representatives for the care, maintenance, operation, and 
            other expenses of the studio upon vouchers signed and 
            approved in such manner as the committee shall prescribe. 
            All moneys received by the Senate Recording Studio shall be 
            deposited in the Senate Recording Studio Revolving Fund 
            established by subsection (g) of this section and all funds 
            received by the Senate Photographic Studio shall be 
            deposited in the Senate Photographic Studio Revolving Fund 
            established by such subsection; moneys in the Senate 
            Recording Studio Revolving Fund shall be available for 
            disbursement therefrom upon vouchers signed by the Sergeant 
            at Arms and Doorkeeper of the Senate for the care, 
            maintenance, operation, and other expenses of the Senate 
            Recording Studio, and moneys in the Senate Photographic 
            Studio Revolving Fund shall be available for disbursement 
            therefrom upon vouchers signed by the Sergeant at Arms and 
            Doorkeeper of the Senate for the care, maintenance, 
            operation, and other expenses of the Senate Photographic 
            Studio.
            (i) Distribution of equity of Joint Senate and House 
                Recording Facility Revolving Fund; assignment of 
                existing studio facilities, equipment, materials and 
                supplies; transfer of accounts; reserve fund; 
                distribution of balance
                (1) As soon as practicable after June 27, 1956, but no 
            later than September 30, 1956, the equity of the Joint 
            Senate and House Recording Facility Revolving Fund shall be 
            distributed equally to the Senate and House of 
            Representatives on the basis of an audit to be made by the 
            General Accounting Office.
                (2) The Sergeant at Arms of the Senate and the Clerk of 
            the House of Representatives shall, subject to the approval 
            of the committees mentioned in subsection (c) of this 
            section, determine the assignment of existing studio 
            facilities to the Senate and the House of Representatives, 
            and also the existing equipment, materials and supplies to 
            be transferred to the respective studios. The evaluation of 
            equipment, materials and supplies transferred to each studio 
            shall be on the basis of market value. Any other equipment, 
            materials and supplies determined to be

[[Page 384]]

            obsolete or not needed for the operation of the respective 
            studio shall be disposed of to the best interest of the 
            Government and the proceeds thereof deposited in the Joint 
            Senate and House Recording Facility Revolving Fund.
                (3) Accounts receivable, which on the effective date of 
            liquidation, are due from Members and committees of the 
            Senate shall be transferred to the Senate Studio, and those 
            due from Members and committees of the House of 
            Representatives shall be transferred to the House Studio.
                (4) A sufficient reserve shall be set aside from the 
            Joint Senate and House Recording Facility Revolving Fund to 
            liquidate any outstanding accounts payable.
                (5) After appropriate adjustments for the value of 
            assets assigned or transferred to the Senate and House of 
            Representatives, respectively, the balance in the Joint 
            Senate and House Recording Facility Revolving Fund shall be 
            distributed equally to the Senate and House of 
            Representatives for deposit to the respective revolving 
            funds authorized by this section.
            (j) Availability of existing services and facilities
                Pending acquisition of the stock, supplies, materials, 
            and equipment necessary to properly equip both studios, the 
            present services and facilities shall be made available to 
            both studios in order that each studio may carry out its 
            duty.
            (k) Restrictions on employment
                No person shall be an officer or employee of the House 
            Recording Studio, Senate Recording Studio, or Senate 
            Photographic Studio while he is engaged in any other 
            business, profession, occupation, or employment which 
            involves the performance of duties which are similar to 
            those which would be performed by him as such an officer or 
            employee of such studio unless approved in writing by the 
            committee in the case of the House Recording Studio and the 
            Senate Committee on Rules and Administration in the case of 
            the Senate Recording Studio and the Senate Photographic 
            Studio.
            (l) Abolition of Joint Recording Facility positions and 
                salaries
                The Joint Recording Facility positions and salaries 
            established pursuant to the Legislative Branch Appropriation 
            Act, 1948, and all subsequent Acts are abolished.
            (m) Repeals
                Effective with the completion of the transfer provided 
            for by subsection (i) of this section the joint resolution 
            entitled ``Joint resolution establishing in the Treasury of 
            the United States a revolving fund within the contingent 
            fund of the House of Representatives'', approved August 7, 
            1953, is repealed.
            (n) Repealed (Pub.L. 92-310, Title II, Sec. 220(j), June 6, 
                1972, 86 Stat. 205)
            (o) Authorization of appropriations
                Such sums as may be necessary to carry out the 
            provisions of this section are authorized to be 
            appropriated. (June 27, 1956, ch. 453, Sec. 105, 70 Stat. 
            370; Pub.L. 88-652, Sec. 16(a), Oct. 13, 1964, 78 Stat. 
            1084; Pub.L. 92-310, Title II, Sec. 220(j), June 6, 1972, 86 
            Stat. 205; Pub.L. 96-304,

[[Page 385]]

            Title I, Sec. 108(a), July 8, 1980, 94 Stat. 890; Pub.L. 97-
            257, Title I, Sec. 102, Sept. 10, 1982, 96 Stat. 849; Pub.L. 
            101-520, Title I, Sec. 7(a), (c), (d), Nov. 5, 1990, 104 
            Stat. 2258, 2259; Pub.L. 104-186, Title II, Sec. 204(68), 
            Aug. 20, 1996, 110 Stat. 1740.)
       498  Sec. 123b-1. Senate Recording Studio and Senate Photographic 

                Studio as successors to Senate Recording and 
                Photographic Studios; rules, regulations, and fees for 
                photographs and photographic services.
                (a) The entity, in the Senate, known (prior to Apr. 1, 
            1991) as the ``Senate Recording and Photographic Studios'' 
            is abolished, and there is established in its stead the 
            following two entities: the ``Senate Recording Studio'', and 
            the ``Senate Photographic Studio''; and there are 
            transferred, from the entity known (prior to Apr. 1, 1991) 
            as the ``Senate Recording and Photographic Studios'' to the 
            ``Senate Recording Studio'' all personnel, equipment, 
            supplies, and funds which are available for, relate to, or 
            are utilized in connection with, recording, and to the 
            ``Senate Photographic Studio'' all personnel, equipment, 
            supplies, and funds which are available for, relate to, or 
            are utilized in connection with, photography.
                (b)(1) The Sergeant at Arms and Doorkeeper of the Senate 
            shall, subject to the approval of the majority and minority 
            leaders, promulgate rules and regulations, and establish 
            fees, for provision of photographs and photographic services 
            to be furnished by the Photographic Studio.
                (2) Omitted. (Pub.L. 96-304, Title I, Sec. 108, July 8, 
            1980, 94 Stat. 890; Pub.L. 101-520, Title I, Sec. 7(d), Nov. 
            5, 1990, 104 Stat. 2259.)
       499  Sec. 123c. Data processing equipment, software, and 
                services.
                Notwithstanding any other provision of law, the Sergeant 
            at Arms, subject to the approval of the Committee on Rules 
            and Administration, is hereafter authorized to enter into 
            multi-year contracts for data processing equipment, 
            software, and services. (Pub.L. 94-32, Title I, June 12, 
            1975, 89 Stat. 182; Pub.L. 95-26, Title I, Sec. 103, May 4, 
            1977, 91 Stat. 82.)
       500  Sec. 123c-1. Advance payments for computer programming 
                services.
                Notwithstanding any other provision of law, the Sergeant 
            at Arms and Doorkeeper of the Senate, subject to the 
            approval of the Committee on Rules and Administration, is on 
            and after July 6, 1981, authorized to enter into contracts 
            which provide for the making of advance payments for 
            computer programming services. (Pub.L. 97-20, July 6, 1981, 
            95 Stat. 104.)
       501  Sec. 123d. Senate Computer Center.
            (a) Senate Computer Center Revolving Fund
                (1) There is hereby established in the Treasury of the 
            United States a revolving fund within the contingent fund of 
            the Senate to be known as the Senate Computer Center 
            Revolving Fund (hereafter in this section referred to as the 
            ``revolving fund'').
                (2) The revolving fund shall be available only for 
            paying the salaries of personnel employed under subsection 
            (c) of this section, and agency contributions attributable 
            thereto, and for paying refunds under contracts entered into 
            under subsection (b) of this section.

[[Page 386]]

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

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

            (c) Additional personnel
                To the extent that the personnel of the Senate Computer 
            Center are unable to carry out the contracts entered into 
            under subsection (b) of this section according to their 
            terms and conditions, the Sergeant at Arms and Doorkeeper of 
            the Senate is authorized to employ such additional personnel 
            for the Senate Computer Center as may be necessary to carry 
            out such contracts, and to pay the salaries of such 
            additional personnel, and agency contributions attributable 
            thereto, from the revolving fund. Such additional personnel 
            may temporarily be assigned to perform the regular functions 
            of the Senate Computer Center when their services are not 
            needed to carry out such contracts.
            (d) Disbursements
                Disbursements from the revolving fund under subsections 
            (b) and (c) of this section shall be made upon vouchers 
            signed by the Sergeant at Arms and Doorkeeper of the Senate, 
            except that vouchers shall not be required for the 
            disbursement of salaries of employees paid at an annual 
            rate. (Pub.L. 94-303, Title I, Sec. 116, June 1, 1976, 90 
            Stat. 614.)
       502  Sec. 123e. Senate legislative information system.
            (a) Development and implementation by Secretary of Senate
                The Secretary of the Senate, with the oversight and 
            approval of the Committee on Rules and Administration of the 
            Senate, shall oversee the development and implementation of 
            a comprehensive Senate legislative information system.
            (b) Cooperative effort
                In carrying out this section, the Secretary of the 
            Senate shall consult and work with officers and employees of 
            the House of Representatives.

[[Page 387]]

            Legislative branch agencies and departments and agencies of 
            the executive branch shall provide cooperation, 
            consultation, and assistance as requested by the Secretary 
            of the Senate to carry out this section.
            (c) Funding
                Any funds that were appropriated under the heading 
            ``Secretary of the Senate'' for expenses of the Office of 
            the Secretary of the Senate by the Legislative Branch 
            Appropriations Act, 1995, to remain available until 
            September 30, 1998, and that the Secretary determines are 
            not needed for development of a financial management system 
            for the Senate may, with the approval of the Committee on 
            Appropriations of the Senate, be used to carry out the 
            provisions of this section, and such funds shall be 
            available through September 30, 2000.
            (d) Regulations
                The Committee on Rules and Administration of the Senate 
            may prescribe such regulations as may be necessary to carry 
            out the provisions of this section.
            (e) Effective date
                This section shall be effective for fiscal years 
            beginning on or after October 1, 1996. (Pub.L. 104-197, 
            Title I, Sec. 8, Sept. 16, 1996, 110 Stat. 2398.)
       503  Sec. 125a. Death gratuity payments as gifts.
                Any death gratuity payment at any time specifically 
            appropriated by any Act of Congress or at any time made out 
            of the applicable accounts of the House of Representatives 
            or the contingent fund of the Senate shall be held to have 
            been a gift. (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101; 
            Pub.L. 104-186, Title II, Sec. 203(6), Aug. 20, 1996, 110 
            Stat. 1725.)
       504  Sec. 126-2. Designation of reporters.
                The reporters of debates in the office of the Secretary 
            of the Senate are hereby designated the official reporters 
            of debates of the Senate. (Pub.L. 89-545, Aug. 27, 1966, 80 
            Stat. 354.)
       505  Sec. 126b. Substitute reporters of debates and expert 
                transcribers; temporary reporters of debates and expert 
                transcribers; payments from Senate contingent fund.
                The Secretary of the Senate is on and after June 5, 
            1981, authorized to employ, by contract or otherwise, 
            substitute reporters of debates and expert transcribers at 
            daily rates of compensation, or temporary reporters of 
            debates and expert transcribers at annual rates of 
            compensation; no temporary reporters of debates or expert 
            transcribers may be employed under authority of this 
            provision for more than ninety days in any fiscal year; and 
            payments made under authority of this section shall be made 
            from the contingent fund of the Senate upon vouchers 
            approved by the Secretary of the Senate. (Pub.L. 89-90, July 
            27, 1965, 79 Stat. 266; Pub.L. 97-12, Sec. 105, June 5, 
            1981, 95 Stat. 61.)
       506  Sec. 130a. Nonpay status for Congressional employees 
                studying under Congressional staff fellowships.
                (a) With respect to each employee of the Senate or House 
            of Representatives--

[[Page 388]]

                            (1) whose compensation is disbursed by the 
                        Secretary of the Senate or the Chief 
                        Administrative Officer of the House of 
                        Representatives, and
                            (2) who, on or after January 1, 1963 shall 
                        have been separated from employment with the 
                        Senate or House of Representatives in order to 
                        pursue certain studies under a congressional 
                        staff fellowship awarded by the American 
                        Political Science Association,

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

                (b) The provisions of law referred to in subsection (a) 
            of this section are--
                            (1) subchapter III (relating to civil 
                        service retirement) of chapter 83 of Title 5;
                            (2) chapter 87 (relating to Federal 
                        employees group life insurance) of Title 5; and
                            (3) chapter 89 (relating to Federal 
                        employees group health insurance) of Title 5. 
                        (Pub.L. 89-379, Mar. 30, 1966, 80 Stat. 94; 
                        Pub.L. 104-186, Title II, Sec. 204(73), Aug. 20, 
                        1996, 110 Stat. 1741.)
       507  Sec. 130b. Jury and witness service by Senate and House 
                employees.
            (a) Definitions
                For purposes of this section--
                            (1) ``employee'' means any individual whose 
                        pay is disbursed by the Secretary of the Senate 
                        or the Chief Administrative Officer of the House 
                        of Representatives; and
                            (2) ``court of the United States'' has the 
                        meaning given it by section 451 of Title 28, and 
                        includes the United States District Court for 
                        the District of the Canal Zone, the District 
                        Court of Guam, and the District Court of the 
                        Virgin Islands.
            (b) Service as juror or witness in connection with a 
                judicial proceeding; prohibition against reduction in 
                pay
                The pay of an employee shall not be reduced during a 
            period of absence with respect to which the employee is 
            summoned (and permitted to respond to such summons by the 
            appropriate authority of the House of the Congress 
            disbursing his pay), in connection with a judicial 
            proceeding by a court or authority responsible for the 
            conduct of that proceeding, to serve--
                            (1) as a juror; or
                            (2) other than as provided in subsection (c) 
                        of this section, as a witness on behalf of any 
                        party in connection with any judicial

[[Page 389]]

                        proceeding to which the United States, the 
                        District of Columbia, or a State or local 
                        government is a party;

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

            (c) Official duty
                An employee is performing official duty during the 
            period with respect to which he is summoned (and is 
            authorized to respond to such summons by the House of the 
            Congress disbursing his pay), or is assigned by such House, 
            to--
                            (1) testify or produce official records on 
                        behalf of the United States or the District of 
                        Columbia; or
                            (2) testify in his official capacity or 
                        produce official records on behalf of a party 
                        other than the United States or the District of 
                        Columbia.
            (d) Prohibition on receipt of jury or witness fees
                (1) An employee may not receive fees for service--
                            (A) as juror in a court of the United States 
                        or the District of Columbia; or
                            (B) as a witness on behalf of the United 
                        States or the District of Columbia.
                (2) If an employee receives an amount (other than travel 
            expenses) for service as a juror or witness during a period 
            in which his pay may not be reduced under subsection (b) of 
            this section, or for which he is performing official duty 
            under subsection (c) of this section, the employee shall 
            remit such amount to the officer who disburses the pay of 
            the employee, which amount shall be covered into the general 
            fund of the Treasury as miscellaneous receipts.
            (e) Travel expenses
                (1) An employee summoned (and authorized to respond to 
            such summons by the House of the Congress disbursing his 
            pay), or assigned by such House, to testify or produce 
            official records on behalf of the United States is entitled 
            to travel expenses. If the case involves an activity in 
            connection with which he is employed, the travel expenses 
            shall be paid from funds otherwise available for the payment 
            of travel expenses of such House in accordance with travel 
            regulations of that House. If the case does not involve such 
            an activity, the department, agency, or independent 
            establishment of the United States on whose behalf he is so 
            testifying or producing records shall pay to the employee 
            his travel expenses out of appropriations otherwise 
            available, and in accordance with regulation applicable, to 
            that department, agency, or independent establishment for 
            the payment of travel expenses.
                (2) An employee summoned (and permitted to respond to 
            such summons by the House of the Congress disbursing his 
            pay), or assigned by such House, to testify in his official 
            capacity or produce official records on behalf of a party 
            other than the United States, is entitled to travel 
            expenses, unless any travel expenses are paid to the 
            employee for his

[[Page 390]]

            appearance by the court, authority, or party which caused 
            him to be summoned.
            (f) Rules and regulations
                The Committee on Rules and Administration of the Senate 
            and the Committee on House Oversight of the House of 
            Representatives are authorized to prescribe, for employees 
            of their respective Houses, such rules and regulations as 
            may be necessary to carry out the provisions of this 
            section.
            (g) Congressional consent not conferred for production of 
                official records or to testimony concerning activities 
                related to employment
                No provision of this section shall be construed to 
            confer the consent of either House of the Congress to the 
            production of official records of that House or to testimony 
            by an employee of that House concerning activities related 
            to his employment. (Pub.L. 91-563, Sec. 6, Dec. 19, 1970, 84 
            Stat. 1478; Pub.L. 94-310, Sec. 2, June 15, 1976, 90 Stat. 
            687; Pub.L. 104-186, Title II, Sec. 204(74), (75), Aug. 20, 
            1996, 110 Stat. 1741.)
       508  Sec. 130c. Waiver by Secretary of Senate of claims of United 
                States arising out of erroneous payments to Vice 
                President, Senator, or Senate employee paid by Secretary 
                of Senate.
            (a) Waiver of claim for erroneous payment of pay or 
                allowances
                A claim of the United States against a person arising 
            out of an erroneous payment of any pay or allowances, other 
            than travel and transportation expenses and allowances, on 
            or after July 25, 1974, to the Vice President, a Senator, or 
            to an officer or employee whose pay is disbursed by the 
            Secretary of the Senate, the collection of which would be 
            against equity and good conscience and not in the best 
            interests of the United States, may be waived in whole or in 
            part by the Secretary of the Senate. An application for 
            waiver shall be investigated by the Financial Clerk of the 
            Senate who shall submit a written report of his 
            investigation to the Secretary of the Senate. An application 
            for waiver of a claim in an amount aggregating more than 
            $1,500 may also be investigated by the Comptroller General 
            of the United States who shall submit a written report of 
            his investigation to the Secretary of the Senate.
            (b) Prohibition of waiver
                The Secretary of the Senate may not exercise his 
            authority under this section to waive any claim--
                            (1) if, in his opinion, there exists, in 
                        connection with the claim, an indication of 
                        fraud, misrepresentation, fault, or lack of good 
                        faith on the part of the Vice President, the 
                        Senator, the officer or employee, or any other 
                        person having an interest in obtaining a waiver 
                        of the claim; or
                            (2) if the application for waiver is 
                        received in his office after the expiration of 3 
                        years immediately following the date on which 
                        the erroneous payment of pay or allowances was 
                        discovered.
            (c) Credit for waiver
                In the audit and settlement of accounts of any 
            accountable officer or official, full credit shall be given 
            for any amounts with respect to which collection by the 
            United States is waived under this section.

[[Page 391]]

            (d) Effect of waiver
                An erroneous payment, the collection of which is waived 
            under this section, is deemed a valid payment for all 
            purposes.
            (e) Construction with other laws
                This section does not affect any authority under any 
            other law to litigate, settle, compromise, or waive any 
            claim of the United States.
            (f) Rules and regulations
                The Secretary of the Senate shall promulgate rules and 
            regulations to carry out the provisions of this section. 
            (Pub.L. 93-359, Sec. 2, July 25, 1974, 88 Stat. 394; Pub.L. 
            103-69, Title III, Sec. 315, Aug. 11, 1993, 107 Stat. 713; 
            Pub.L. 104-316, Title I, Sec. 102(b), Oct. 19, 1996, 110 
            Stat. 3828.)
       509  Sec. 130e. Office of Congressional Accessibility Services.
            (a) Establishment of Office of Congressional Accessibility 
                Services
                            (1) Establishment
                            There is established in the legislative 
                        branch the Office of Congressional Accessibility 
                        Services, to be headed by the Director of 
                        Accessibility Services.
                            (2) Congressional Accessibility Services 
                        Board

                                (A) Establishment

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

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

                                        (ii) the Secretary of the 
                                    Senate;

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

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

                                        (v) the Architect of the 
                                    Capitol.

                                (B) Direction of Board

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

                            (3) Mission and functions

                                (A) In general

                                The Office of Congressional 
                            Accessibility Services shall--

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

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

                                (B) United States Capitol Complex 
                            defined

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

[[Page 392]]

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

                                (A) Appointment and pay

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

                                (B) Removal

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

                            (2) Personnel and other administrative 
                        functions

                                (A) Personnel, disbursements, and 
                            contracts

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

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

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

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

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

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

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

                            (3) Semiannual reports

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

[[Page 393]]

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

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

       510  Sec. 130g. Emergency situations; provisions of facilities, 
                equipment, supplies, personnel, and other support 
                services for use of Senate.
                (a) Notwithstanding any other provision of law--
                            (1) Subject to subsection (b) of this 
                        section, the Sergeant at Arms of the Senate and 
                        the head of an executive agency (as defined in 
                        section 105 of Title 5), may enter into a 
                        memorandum of understanding under which the 
                        agency may provide facilities, equipment, 
                        supplies, personnel, and other support services 
                        for the use of the Senate during an emergency 
                        situation; and
                            (2) The Sergeant at Arms of the Senate and 
                        the head of the agency may take any action 
                        necessary to carry out the terms of the 
                        memorandum of understanding.
                (b) The Sergeant at Arms of the Senate may enter into a 
            memorandum of understanding described in subsection (a)(1) 
            of this section consistent with the Senate Procurement 
            Regulations.
                (c) This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. (Pub.L. 107-117, Div. 
            B, ch. 9, Sec. 902, Jan. 10, 2002, 115 Stat. 2316.)
            
                           Chapter 5.--LIBRARY OF CONGRESS

       511  Sec. 131. Collections composing Library; location.
                The Library of Congress, composed of the books, maps, 
            and other publications which on December 1, 1873, remained 
            in existence, from the collections theretofore united under 
            authority of law and those added from time to time by 
            purchase, exchange, donation, reservation from publications 
            ordered by Congress, acquisition of material under the 
            copyright law, and otherwise, shall be preserved in the 
            Library Building. (R.S. Sec. 80; Feb. 19, 1897, ch. 265, 
            Sec. 1, 29 Stat. 545, 546; Oct. 19, 1976, Pub.L. 94-553, 
            Sec. 105(g), 90 Stat. 2599; Dec. 22, 1987, Pub.L. 100-202, 
            Sec. 101(i) [Title III, Sec. 310], 101 Stat. 1329-290, 1329-
            310.)
       512  Sec. 132. Departments of Library.
                The Library of Congress shall be arranged in two 
            departments, a general library and a law library. (R.S. 
            Sec. 81.)
       513  Sec. 132a. Appropriations for increase of general library.
                The unexpended balance of any sums appropriated by 
            Congress for the increase of the general library, together 
            with such sums as may hereafter be appropriated to the same 
            purpose, shall be laid out under the direction of the Joint 
            Committee of Congress on the Library. (R.S.

[[Page 394]]

            Sec. 82; Feb. 7, 1902, No. 5, 32 Stat. 735; Aug. 2, 1946, 
            ch. 753, Sec. 223, 60 Stat. 838.)
            Cross Reference
                Librarian of Congress to make rules and regulations for 
            government of library, see section 136 of this title (Senate 
            Manual section 516).
       514  Sec. 132b. Joint Committee on the Library.
                The Joint Committee of Congress on the Library shall, on 
            and after January 3, 1947, consist of the chairman and four 
            members of the Committee on Rules and Administration of the 
            Senate and the chairman and four members of the Committee on 
            House Oversight of the House of Representatives. (Aug. 2, 
            1946, ch. 753, Sec. 223, 60 Stat. 838; Aug. 20, 1996, Pub.L. 
            104-186, Title II, Sec. 205, 110 Stat. 1742.)
       515  Sec. 133. Joint Committee during recess of Congress.
                The portion of the Joint Committee of Congress on the 
            Library on the part of the Senate remaining in office as 
            Senators shall during the recess of Congress exercise the 
            powers and discharge the duties conferred by law upon the 
            Joint Committee of Congress on the Library. (Mar. 3, 1883, 
            ch. 141, Sec. 2, 22 Stat. 592; Aug. 2, 1946, ch. 753, 
            Sec. 223, 60 Stat. 838.)
       516  Sec. 136. Librarian of Congress; appointment; rules and 
                regulations.
                The Librarian of Congress shall be appointed by the 
            President, by and with the advice and consent of the Senate. 
            He shall make rules and regulations for the government of 
            the Library. (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 544, 
            546; June 6, 1972, Pub.L. 92-310, Sec. 220(f), 86 Stat. 
            204.)
       517  Sec. 136a-2. Librarian of Congress and Deputy Librarian of 
                Congress; compensation.
                Notwithstanding any other provision of law--
                            (1) the Librarian of Congress shall be 
                        compensated at an annual rate of pay which is 
                        equal to the annual rate of basic pay payable 
                        for positions at level II of the Executive 
                        Schedule under section 5313 of Title 5, and
                            (2) the Deputy Librarian of Congress shall 
                        be compensated at an annual rate of pay which is 
                        equal to the annual rate of basic pay payable 
                        for positions at level III of the Executive 
                        Schedule under section 5314 of Title 5. (Pub.L. 
                        98-63, Title I, Sec. 904(a), July 30, 1983, 97 
                        Stat. 336; Pub.L. 106-57, Title II, Sec. 209(a), 
                        Sept. 29, 1999, 113 Stat. 424.)
       518  Sec. 138. Law library; hours kept open.
                The law library shall be kept open every day so long as 
            either House of Congress is in session. (July 11, 1888, ch. 
            615, Sec. 1, 25 Stat. 262.)
       519  Sec. 139. Omitted.

  

       520  Sec. 141a. Design, installation, and maintenance of security 
                systems; transfer of responsibility.
                The responsibility for design, installation, and 
            maintenance of security systems to protect the physical 
            security of the buildings and grounds of the Library of 
            Congress is transferred from the Architect of the Capitol to 
            the Capitol Police Board. Such design, installation, and 
            mainte

[[Page 395]]

            nance shall be carried out under the direction of the 
            Committee on House Oversight of the House of Representatives 
            and the Committee on Rules and Administration of the Senate, 
            and without regard to section 3709 of the Revised Statutes 
            of the United States (41 U.S.C. 5). Any alteration to a 
            structural, mechanical, or architectural feature of the 
            buildings and grounds of the Library of Congress that is 
            required for a security system under the preceding sentence 
            may be carried out only with the approval of the Architect 
            of the Capitol. (Pub.L. 105-277, Div. B, Title II, Oct. 21, 
            1998, 112 Stat. 2681-570.)
       521  Sec. 142j. John C. Stennis Center for Public Service 
                Training and Development; disbursement of funds, 
                computation and disbursement of basic pay, and provision 
                of financial management services and support by Library 
                of Congress; payment for services.
                From and after October 1, 1988, the Library of Congress 
            is authorized to--
                            (1) disburse funds appropriated for the John 
                        C. Stennis Center for Public Service Training 
                        and Development;
                            (2) compute and disburse the basic pay for 
                        all personnel of the John C. Stennis Center for 
                        Public Service Training and Development;
                            (3) provide financial management services 
                        and support to the John C. Stennis Center for 
                        Public Service Training and Development, in the 
                        same manner as provided with respect to the 
                        Office of Technology Assessment under section 
                        142f of this title; and
                            (4) collect from the funds appropriated for 
                        the John C. Stennis Center for Public Service 
                        Training and Development the full costs of 
                        providing the services specified in (1), (2), 
                        and (3) above, as provided under an agreement 
                        for services ordered under sections 1535 and 
                        1536 of Title 31. (Pub.L. 101-163, Title II, 
                        Sec. 205, Nov. 21, 1989, 103 Stat. 1060.)
            Cross Reference
                Establishment, purposes, and authority, see Sections 
            1101 through 1110 of Title 2, United States Code (Senate 
            Manual sections 738 through 747).
       522  Sec. 145. Copies of journals and documents.
                Two copies of the journals and documents, and of each 
            book printed by either House of Congress, bound [as provided 
            in sections 501 and 1123 of Title 44,] shall be deposited in 
            the Library, and must not be taken therefrom. (R.S. 
            Sec. 97.)
            Cross References
                Copies of House and Senate documents to be deposited 
            with Library of Congress, see section 701 of Title 44, 
            United States Code (Senate Manual section 1613 and footnote 
            thereto).
                Distribution of printed copies of Journals of Senate and 
            House of Representatives, see section 713 of Title 44, 
            United States Code (Senate Manual section 1623).
       523  Sec. 145a. Periodical binding of printed hearings of 
                committee 
                testimony.
                The Librarian of the Library of Congress is authorized 
            and directed to have bound at the end of each session of 
            Congress the printed hear

[[Page 396]]

            ings of testimony taken by each committee of the Congress at 
            the preceding session. (Aug. 2, 1946, ch. 753, Sec. 141, 60 
            Stat. 834.)
       524  Sec. 146. Deposit of Journals of Senate and House.
                Twenty-five copies of the public Journals of the Senate, 
            and of the House of Representatives, shall be deposited in 
            the Library of the United States, at the seat of government, 
            to be delivered to Members of Congress during any session, 
            and to all other persons authorized by law to use the books 
            in the Library, upon their application to the Librarian, and 
            giving their responsible receipts for the same, in like 
            manner as for other books. (R.S. Sec. 98.)
       525  Sec. 154. Library of Congress Trust Fund Board; members; 
                quorum; seal; rules and regulations.
                A board is created and established, to be known as the 
            ``Library of Congress Trust Fund Board'' (hereinafter 
            referred to as the board), which shall consist of the 
            Secretary of the Treasury (or an Assistant Secretary 
            designated in writing by the Secretary of the Treasury), the 
            chairman and the vice chair of the Joint Committee on the 
            Library, the Librarian of Congress, two persons appointed by 
            the President for a term of five years each (the first 
            appointments being for three and five years, respectively), 
            four persons appointed by the Speaker of the House of 
            Representatives (in consultation with the minority leader of 
            the House of Representatives) for a term of five years each 
            (the first appointments being for two, three, four, and five 
            years, respectively), and four persons appointed by the 
            majority leader of the Senate (in consultation with the 
            minority leader of the Senate) for a term of five years each 
            (the first appointments being for two, three, four, and five 
            years, respectively). Upon request of the chair of the 
            Board, any member whose term has expired may continue to 
            serve on the Trust Fund Board until the earlier of the date 
            on which such member's successor is appointed or the 
            expiration of the 1-year period which begins on the date 
            such member's term expires. Seven members of the board shall 
            constitute a quorum for the transaction of business, and the 
            board shall have an official seal, which shall be judicially 
            noticed. The board may adopt rules and regulations in regard 
            to its procedure and the conduct of its business. (Mar. 3, 
            1925, ch. 423, Sec. 1, 43 Stat. 1107; May 12, 1978, Pub.L. 
            95-277, 92 Stat. 236; Feb. 18, 1992, Pub.L. 102-246, 
            Sec. Sec. 1, 2, 106 Stat. 31; Nov. 9, 2000, Pub.L. 106-481, 
            Title II, Sec. 201, 114 Stat. 2190.)
       526  Sec. 156. Gifts, etc., to Library of Congress Trust Fund 
                Board.
                The Board is authorized to accept, receive, hold, and 
            administer such gifts, bequests, or devices of property for 
            the benefit of, or in connection with, the Library, its 
            collections, or its service, as may be approved by the Board 
            and by the Joint Committee on the Library. (Mar. 3, 1925, 
            ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 213, 49 
            Stat. 1205.)
       527  Sec. 157. Funds of Library of Congress Trust Fund Board; 
                management of.
                The moneys or securities composing the trust funds given 
            or bequeathed to the board shall be receipted for by the 
            Secretary of the Treasury, who shall invest, reinvest, or 
            retain investments as the board may from time to time 
            determine. The income as and when collected shall be 
            deposited with the Treasurer of the United States, who shall

[[Page 397]]

            enter it in a special account to the credit of the Library 
            of Congress and subject to disbursement by the librarian for 
            the purposes in each case specified; and the Treasurer of 
            the United States is authorized to honor the requisitions of 
            the librarian made in such manner and in accordance with 
            such regulations as the Treasurer may from time to time 
            prescribe: Provided, however, That the board is not 
            authorized to engage in any business nor to exercise any 
            voting privilege which may be incidental to securities in 
            its hands, nor shall the board make any investments that 
            could not lawfully be made by a trust company in the 
            District of Columbia, except that it may make any 
            investments directly authorized by the instrument of gift, 
            and may retain any investments accepted by it. (Mar. 3, 
            1925, ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 
            213, 49 Stat. 1205.)
       528  Sec. 158. Deposits by Library of Congress Trust Fund Board 
                with Treasurer of United States.
                In the absence of any specification to the contrary, the 
            board may deposit the principal sum, in cash, with the 
            Treasurer of the United States as a permanent loan to the 
            United States Treasury, and the Treasurer shall thereafter 
            credit such deposit with interest at a rate which is the 
            higher of the rate of 4 percentum per annum or a rate which 
            is 0.25 percentage points less than a rate determined by the 
            Secretary of the Treasury, taking into consideration the 
            current average market yield on outstanding long-term 
            marketable obligations of the United States, adjusted to the 
            nearest one-eighth of 1 percentum, payable semiannually, 
            such interest, as income, being subject to disbursement by 
            the Librarian of Congress for the purposes specified: 
            Provided, however, That the total of such principal sums at 
            any time so held by the Treasurer under this authorization 
            shall not exceed the sum of $10,000,000. (Mar. 3, 1925, ch. 
            423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 213, 49 Stat. 
            1205; June 23, 1936, ch. 734, 49 Stat. 1894; July 3, 1962, 
            Pub.L. 87-522, 76 Stat. 135; May 22, 1976, Pub.L. 94-289, 90 
            Stat. 521.)
       529  Sec. 158a. Temporary possession of gifts of money or 
                securities to Library of Congress; investment.
                In the case of a gift of money or securities offered to 
            the Library of Congress, if, because of conditions attached 
            by the donor or similar considerations, expedited action is 
            necessary, the Librarian of Congress may take temporary 
            possession of the gift, subject to approval under section 
            156 of this title. The gift shall be receipted for and 
            invested, reinvested, or retained as provided in section 157 
            of this title, except that--
                            (1) a gift of securities may not be invested 
                        or reinvested; and
                            (2) any investment or reinvestment of a gift 
                        of money shall be made in an interest bearing 
                        obligation of the United States or an obligation 
                        guaranteed as to principal and interest by the 
                        United States.

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

[[Page 398]]


       530  Sec. 159. Perpetual succession and suits by or against 
                Library of Congress Trust Fund Board.
                The board shall have perpetual succession, with all the 
            usual powers and obligations of a trustee, including the 
            power to sell, except as herein limited, in respect of all 
            property, moneys, or securities which shall be conveyed, 
            transferred, assigned, bequeathed, delivered, or paid over 
            to it for the purposes above specified. The board may be 
            sued in the United States District Court for the District of 
            Columbia, which is given jurisdiction of such suits, for the 
            purpose of enforcing the provisions of any trust accepted by 
            it. (Mar. 3, 1925, ch. 423, Sec. 3, 43 Stat. 1108; Jan. 27, 
            1926, ch. 6, Sec. 1, 44 Stat. 2; June 25, 1936, ch. 804, 49 
            Stat. 1921; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 
            991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)
       531  Sec. 160. Disbursement of gifts, etc., to Library.
                Nothing in sections 154 to 162 and 163 of this title 
            shall be construed as prohibiting or restricting the 
            Librarian of Congress from accepting in the name of the 
            United States gifts or bequests of money for immediate 
            disbursement in the interest of the Library, its 
            collections, or its service. Such gifts or bequests, after 
            acceptance by the librarian, shall be paid by the donor or 
            his representative to the Treasurer of the United States, 
            whose receipts shall be their acquittance. The Treasurer of 
            the United States shall enter them in a special account to 
            the credit of the Library of Congress and subject to 
            disbursement by the librarian for the purposes in each case 
            specified.
                Upon agreement by the Librarian of Congress and the 
            Board, a gift or bequest accepted by the Librarian under the 
            first paragraph of this section may be invested or 
            reinvested in the same manner as provided for trust funds 
            under section 157 of this title.

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

       532  Sec. 161. Tax exemption of gifts, etc., to Library of 
                Congress.
                Gifts or bequests or devises to or for the benefit of 
            the Library of Congress, including those to the board, and 
            the income therefrom, shall be exempt from all Federal 
            taxes, including all taxes levied by the District of 
            Columbia. (Mar. 3, 1925, ch. 423, Sec. 5, 43 Stat. 1108; 
            Oct. 2, 1942, ch. 576, 56 Stat. 765.)
       533  Sec. 166. Congressional Research Service.
            (a) Redesignation of Legislative Reference Service
                The Legislative Reference Service in the Library of 
            Congress is hereby continued as a separate department in the 
            Library of Congress and is redesignated the ``Congressional 
            Research Service''.
            (b) Functions and objectives
                It is the policy of Congress that--
                            (1) the Librarian of Congress shall, in 
                        every possible way, encourage, assist, and 
                        promote the Congressional Research Service in--

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

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

                                (C) discharging its responsibilities to 
                            Congress;

[[Page 399]]

                  and
                            (2) the Librarian of Congress shall grant 
                        and accord to the Congressional Research Service 
                        complete research independence and the maximum 
                        practicable administrative independence 
                        consistent with these objectives.
            (c) Appointment and compensation of Director, Deputy 
                Director, and other necessary personnel; minimum grade 
                for Senior Specialists; placement in grades GS-16, 17, 
                and 18 of Specialists and Senior Specialists; 
                appointment without regard to civil service laws and 
                political affiliation and on basis of fitness to perform 
                duties
                (1) After consultation with the Joint Committee on the 
            Library, the Librarian of Congress shall appoint the 
            Director of the Congressional Research Service. The basic 
            pay of the Director shall be at per annum rate equal to the 
            rate of basic pay provided for level III of the Executive 
            Schedule under section 5314 of Title 5.
                (2) The Librarian of Congress, upon the recommendation 
            of the Director, shall appoint a Deputy Director of the 
            Congressional Research Service and all other necessary 
            personnel thereof. The basic pay of the Deputy Director 
            shall be fixed in accordance with chapter 51 (relating to 
            classification) and subchapter III (relating to General 
            Schedule pay rates) of chapter 53 of Title 5, but without 
            regard to section 5108(a) of such title. The basic pay of 
            all other necessary personnel of the Congressional Research 
            Service shall be fixed in accordance with chapter 51 
            (relating to classification) and subchapter III (relating to 
            General Schedule pay rates) of chapter 53 of Title 5, except 
            that--
                            (A) the grade of Senior Specialist in each 
                        field within the purview of subsection (e) of 
                        this section shall not be less than the highest 
                        grade in the executive branch of the Government 
                        to which research analysts and consultants, 
                        without supervisory responsibility, are 
                        currently assigned; and
                            (B) the positions of Specialist and Senior 
                        Specialist in the Congressional Research Service 
                        may be placed in GS-16, 17, and 18 of the 
                        General Schedule of section 5332 of Title 5, 
                        without regard to section 5108(a) of such title, 
                        subject to the prior approval of the Joint 
                        Committee on the Library, of the placement of 
                        each such position in any of such grades.
                (3) Each appointment made under paragraphs (1) and (2) 
            of this subsection and subsection (e) of this section shall 
            be without regard to the civil service laws, without regard 
            to political affiliation, and solely on the basis of fitness 
            to perform the duties of the position.
            (d) Duties of Service; assistance to Congressional 
                Committees; list of terminating programs and subjects 
                for analysis; legislative data, studies etc.; 
                information research; digest of bills, preparation; 
                legislation, purpose and effect, and preparation of 
                memoranda; information and research capability, 
                development
                It shall be the duty of the Congressional Research 
            Service, without partisan bias--
                            (1) upon request, to advise and assist any 
                        committee of the Senate or House of 
                        Representatives and any joint committee of 
                        Congress in the analysis, appraisal, and 
                        evaluation of legislative proposals

[[Page 400]]

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

                                (A) determining the advisability of 
                            enacting such proposals;

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

                                (C) evaluating alternative methods for 
                            accomplishing those results;

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

                (2) to make available to each committee of the Senate 
            and House of Representatives and each joint committee of the 
            two Houses, at the opening of a new Congress, a list of 
            programs and activities being carried out under existing law 
            scheduled to terminate during the current Congress, which 
            are within the jurisdiction of the committee;
                (3) to make available to each committee of the Senate 
            and House of Representatives and each joint committee of the 
            two Houses, at the opening of a new Congress, a list of 
            subjects and policy areas which the committee might 
            profitably analyze in depth;
                (4) upon request, or upon its own initiative in 
            anticipation of requests, to collect, classify, and analyze 
            in the form of studies, reports, compilations, digests, 
            bulletins, indexes, translations, and otherwise, data having 
            a bearing on legislation, and to make such data available 
            and serviceable to committees and Members of the Senate and 
            House of Representatives and joint committees of Congress;
                (5) upon request, or upon its own initiative in 
            anticipation of requests, to prepare and provide 
            information, research, and reference materials and services 
            to committees and Members of the Senate and House of 
            Representatives and joint committees of Congress to assist 
            them in their legislative and representative functions;
                (6) to prepare summaries and digests of bills and 
            resolutions of a public general nature introduced in the 
            Senate or House of Representatives;
                (7) upon request made by any committee or Member of the 
            Congress, to prepare and transmit to such committee or 
            Member a concise memorandum with respect to one or more 
            legislative measures upon which hearings by any committee of 
            the Congress have been announced, which memorandum shall 
            contain a statement of the purpose and effect of each such 
            measure, a description of other relevant measures of similar 
            purpose or effect previously introduced in the Congress, and 
            a recitation of all action taken theretofore by or within 
            the Congress with respect to each such other measure; and

[[Page 401]]

                (8) to develop and maintain an information and research 
            capability, to include Senior Specialists, Specialists, 
            other employees, and consultants, as necessary, to perform 
            the functions provided for in this subsection.
            (e) Specialists and Senior Specialists; appointment; fields 
                of 
                appointment
                The Librarian of Congress is authorized to appoint in 
            the Congressional Research Service, upon the recommendation 
            of the Director, Specialists and Senior Specialists in the 
            following broad fields:
                            (1) agriculture;
                            (2) American government and public 
                        administration;
                            (3) American public law;
                            (4) conservation;
                            (5) education;
                            (6) engineering and public works;
                            (7) housing;
                            (8) industrial organization and corporation 
                        finance;
                            (9) international affairs;
                            (10) international trade and economic 
                        geography;
                            (11) labor and employment;
                            (12) mineral economics;
                            (13) money and banking;
                            (14) national defense;
                            (15) price economics;
                            (16) science;
                            (17) social welfare;
                            (18) taxation and fiscal policy;
                            (19) technology;
                            (20) transportation and communications;
                            (21) urban affairs;
                            (22) veterans' affairs; and
                            (23) such other broad fields as the Director 
                        may consider appropriate.

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

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

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

[[Page 402]]

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

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

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

[[Page 403]]

            summary and in detail, all phases of activity of the 
            Congressional Research Service for the immediately preceding 
            fiscal year.
            (j) Authorization of appropriations
                There are hereby authorized to be appropriated to the 
            Congressional Research Service each fiscal year such sums as 
            may be necessary to carry on the work of the Service. (Aug. 
            2, 1946, ch. 753, Sec. 203(a)(b), 60 Stat. 836; Oct. 28, 
            1949, ch. 782, Sec. 1106(a), 63 Stat. 972; Oct. 26, 1970, 
            Pub.L. 91-510, Sec. 321(a), 84 Stat. 1181; Dec. 19, 1985, 
            Pub.L. 99-190, Sec. 133, 99 Stat. 1322; Pub.L. 106-57, Title 
            II, Sec. 209(b), Sept. 29, 1999, 113 Stat. 424.)
            Note
                The provision under the heading ``Library of Congress'' 
            and the subheadings ``Congressional Research Service'' and 
            ``Salaries and Expenses'' contained in the Joint Resolution 
            entitled ``Joint Resolution making further continuing 
            appropriations for the fiscal year 1988, and for other 
            purposes'', approved December 22, 1987 (101 Stat. 1329-303), 
            provided, in part, that:
                ``. . . Notwithstanding any other provision of law, the 
            compensation for the Director of the Congressional Research 
            Service, Library of Congress, shall be at an annual rate 
            which is equal to the annual rate of basic pay for positions 
            at level IV of the Executive Schedule under section 5315 of 
            Title 5, United States Code.''
       534  Sec. 181. Program for exchange of information among 
                legislative branch agencies.
                (a) On September 16, 1996, there shall be established a 
            program for providing the widest possible exchange of 
            information among legislative branch agencies with the long-
            range goal of improving information technology planning and 
            evaluation. The Committee on House Oversight of the House of 
            Representatives and the Committee on Rules and 
            Administration of the Senate are requested to determine the 
            structure and operation of this program and to provide 
            appropriate oversight. All of the appropriate offices and 
            agencies of the legislative branch as defined below shall 
            participate in this program for information exchange, and 
            shall report annually on the extent and nature of their 
            participation in their budget submissions to the Committee 
            on Appropriations of the House of Representatives and the 
            Committee on Appropriations of the Senate.
                (b) As used in this section--
                            (1) the term ``offices and agencies of the 
                        legislative branch'' means, the office of the 
                        Clerk of the House, the office of the Secretary 
                        of the Senate, the office of the Architect of 
                        the Capitol, the Government Accountability 
                        Office, the Government Printing Office, the 
                        Library of Congress, the Congressional Research 
                        Service, the Congressional Budget Office, the 
                        Chief Administrative Officer of the House of 
                        Representatives, and the Sergeant at Arms of the 
                        Senate; and
                            (2) the term ``technology'' refers to any 
                        form of computer hardware and software; 
                        computer-based systems, services, and support 
                        for the creation, processing, exchange, and 
                        delivery of information; and telecommunications 
                        systems, and the associated hardware and 
                        software, that provide for voice, data, or image 
                        communication. (Pub.L. 104-197, Title III, Sec.  
                        314, Sept. 16, 1996, 110 Stat. 2415; Pub.L. 108-
                        271, Sec.  8(b), July 7, 2004, 118 Stat. 814.)

[[Page 404]]



            
                 Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE: 
                                   INVESTIGATIONS

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

[[Page 405]]

            and the same power to issue attachments to compel the 
            attendance of witnesses and the production of books, papers, 
            and documents, as the district court of his district would 
            have in a case pending before it; and it shall be his duty 
            to report the conduct of contumacious witnesses before him 
            to the House of Congress appointing such committee. The 
            compensation of such master in chancery, and the fees of 
            marshals and deputy marshals, and of any person appointed to 
            serve papers, shall be the same as for like services in 
            equity cases in the district court of the United States; and 
            the compensation of witnesses shall be the same as for like 
            attendance and travel of witnesses before such district 
            courts; and all such fees and compensation of officers and 
            witnesses on behalf of the United States, and other expenses 
            of all investigations which may be had under the provisions 
            of this section and section 190l of this title on the part 
            of the United States, shall be paid out of the contingent 
            fund of the Senate, in the case of a committee of the 
            Senate, or the applicable accounts of the House of 
            Representatives, in the case of a committee of the House of 
            Representatives. Said master, when the examination is 
            concluded, shall attach together all the depositions and 
            exhibits, and attach thereto his certificate setting forth 
            or referring to the authority by which they were taken, any 
            notices he may have given, the names of the witnesses for 
            whom subpoenas or attachments were issued, the names of 
            witnesses who attended, with the time of attendance and 
            mileage and fees of each witness on behalf of the United 
            States, which he may require to be shown by affidavit, his 
            own fees, the fees of the marshal, his deputies or other 
            persons serving papers, giving the items, and such other 
            facts in relation to the circumstances connected with the 
            taking of the depositions as he may deem material. He shall 
            then seal up such depositions and papers securely, direct 
            them to the chairman of such committee at Washington, 
            stating briefly on the outside the nature of the contents, 
            and place the same in the post office, paying the postage 
            thereon; and said package shall be opened only in the 
            presence of such committee. The chairman of any committee 
            ordering testimony to be taken under this section and 
            section 190l of this title shall, at least ten days before 
            the time fixed for such examination, and within two days 
            after the adoption of such order, cause a copy thereof to be 
            directed and delivered to the Attorney General of the United 
            States, or sent to him by mail at the Department of Justice, 
            to enable him to give such instructions as he may deem best 
            to the United States attorney of the district where such 
            testimony is to be taken, who may, and, if required by the 
            Attorney General, shall, though not requested by the 
            committee, appear for the United States in person or by 
            assistant, and take such part in such examination as the 
            Attorney General shall direct. (Feb. 3, 1879, c. 40, Sec.  
            2, 20 Stat. 279; Mar. 3, 1911, c. 231, Sec.  291, 36 Stat. 
            1167; June 25, 1948, c. 646, Sec.  1, 62 Stat. 909; Aug. 20, 
            1996, Pub.L. 104-186, Title II, Sec.  206(2), 110 Stat. 
            1742.)
       537  Sec. 191. Oaths to witnesses.
                The President of the Senate, the Speaker of the House of 
            Representatives, or a chairman of any joint committee 
            established by a joint or concurrent resolution of the two 
            Houses of Congress, or of a committee of the whole, or of 
            any committee of either House of Congress, is empowered to 
            administer oaths to witnesses in any case under their 
            examination.

[[Page 406]]

                Any Member of either House of Congress may administer 
            oaths to witnesses in any matter depending in either House 
            of Congress of which he is a Member, or any committee 
            thereof. (R.S. Sec. 101; June 26, 1884, ch. 123, 23 Stat. 
            60; June 22, 1938, ch. 594, 52 Stat. 942, 943.)
       538  Sec. 192. Refusal of witness to testify or produce papers.
                Every person who having been summoned as a witness by 
            the authority of either House of Congress to give testimony 
            or to produce papers upon any matter under inquiry before 
            either House, or any joint committee established by a joint 
            or concurrent resolution of the two Houses of Congress, or 
            any committee of either House of Congress willfully makes 
            default, or who, having appeared, refuses to answer any 
            question pertinent to the question under inquiry, shall be 
            deemed guilty of a misdemeanor, punishable by a fine of not 
            more than $1,000 nor less than $100 and imprisonment in a 
            common jail for not less than one month nor more than twelve 
            months. (R.S. Sec. 102; June 22, 1938, ch. 594, 52 Stat. 
            942.)
       539  Sec. 193. Privilege of witnesses.
                No witness is privileged to refuse to testify to any 
            fact, or to produce any paper, respecting which he shall be 
            examined by either House of Congress, or by any joint 
            committee established by a joint or concurrent resolution of 
            the two Houses of Congress, or by any committee of either 
            House, upon the ground that his testimony to such fact or 
            his production of such paper may tend to disgrace him or 
            otherwise render him infamous. (R.S. Sec. 103; June 22, 
            1938, ch. 594, 52 Stat. 942.)
       540  Sec. 194. Certification of failure to testify or produce; 
                grand jury action.
                Whenever a witness summoned as mentioned in section 192 
            of this title fails to appear to testify or fails to produce 
            any books, papers, records, or documents, as required, or 
            whenever any witness so summoned refuses to answer any 
            question pertinent to the subject under inquiry before 
            either House, or any joint committee established by a joint 
            or concurrent resolution of the two Houses of Congress, or 
            any committee or subcommittee of either House of Congress, 
            and the fact of such failure or failures is reported to 
            either House while Congress is in session, or when Congress 
            is not in session, a statement of fact constituting such 
            failure is reported to and filed with the President of the 
            Senate or the Speaker of the House, it shall be the duty of 
            the said President of the Senate or Speaker of the House, as 
            the case may be, to certify, and he shall so certify, the 
            statement of facts aforesaid under the seal of the Senate or 
            House, as the case may be, to the appropriate United States 
            attorney, whose duty it shall be to bring the matter before 
            the grand jury for its action. (R.S. Sec. 104; July 13, 
            1936, ch. 884, 49 Stat. 2041; June 22, 1938, ch. 594, 52 
            Stat. 942.)
       541  Sec. 194a. Request by Congressional committees to officers 
                or 
                employees of Federal departments, agencies, etc., 
                concerned with foreign countries or multilateral 
                organizations for expression of views and opinions.
                Upon the request of a committee of either House of 
            Congress, a joint committee of Congress, or a member of such 
            committee, any officer or employee of the Department of 
            State, the Agency for International Development, or any 
            other department, agency, or independent establish

[[Page 407]]

            ment of the United States Government primarily concerned 
            with matters relating to foreign countries or multilateral 
            organizations, may express his views and opinions, and make 
            recommendations he considers appropriate, if the request of 
            the committee or member of the committee relates to a 
            subject which is within the jurisdiction of that committee. 
            (Pub.L. 92-352, Sec. 502, July 13, 1972, 86 Stat. 496; 
            Pub.L. 93-126, Sec. 17, Oct. 18, 1973, 87 Stat. 455; Pub.L. 
            105-277, div G, Title XII, Sec. 1225(g), Title XIII, 
            Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-789.)
       542  Sec. 194b. Omitted.
       543

  

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

[[Page 408]]


       547  Sec. Sec. 261-270 Repealed.
                For provisions relating to disclosure of lobbying 
            activities to influence Federal Government, see section 1601 
            et seq. of Title 2, United States Code (Senate Manual 
            Sections 820 through 833).
            
                      Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL

       548  Sec. 271. Establishment.
                There shall be in the Senate an office to be known as 
            the Office of the Legislative Counsel, and to be under the 
            direction of the Legislative Counsel of the Senate. (Feb. 
            24, 1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 
            1924, ch. 234, Title XI, Sec. 1101, 43 Stat. 353.)
       549  Sec. 272. Legislative Counsel.
                The Legislative Counsel shall be appointed by the 
            President pro tempore of the Senate, without reference to 
            political affiliations and solely on the ground of fitness 
            to perform the duties of the office. (Feb. 24, 1919, ch. 18, 
            Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234, 
            Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, Title VI, 
            Sec. 602, 55 Stat. 726.)
       550  Sec. 273. Compensation.
                The Legislative Counsel of the Senate shall be paid at 
            an annual rate of compensation of $40,000. (Feb. 24, 1919, 
            ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234, 
            Sec. 1101, 43 Stat. 353, and amended June 18, 1940, ch. 396, 
            Sec. 1, 54 Stat. 472; Sept. 20, 1941, ch. 412, Title VI, 
            Sec. 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, Sec. 6(c), 
            63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. Sec. 9, 101, 69 
            Stat. 509, 514; July 1, 1957, Pub.L. 85-75, Sec. 101, 71 
            Stat. 250; Aug. 14, 1964, Pub.L. 88-426, Title II, 
            Sec. 203(g), 78 Stat. 415; Aug. 13, 1974, Pub.L. 93-371, 
            Sec. 101(4), 88 Stat. 429; July 25, 1975, Pub.L. 94-59, 
            Title I, Sec. 105, 89 Stat. 275.)
       551  Sec. 274. Staff, office equipment and supplies.
                The Legislative Counsel shall, subject to the approval 
            of the President pro tempore of the Senate, employ and fix 
            the compensation of such Assistant Counsel, clerks, and 
            other employees, and purchase such furniture, office 
            equipment, books, stationery, and other supplies, as may be 
            necessary for the proper performance of the duties of the 
            Office and as may be appropriated for by Congress. (Feb. 24, 
            1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 
            1924, ch. 234, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 
            412, Title VI, Sec. 602, 55 Stat. 726.)
            Note
                Designation of Deputy Legislative Counsel

                Pub.L. 106-57, Title I, Sec. 6, Sept. 29, 1999, 113 
            Stat. 412, provided that: ``The Legislative Counsel may, 
            subject to the approval of the President pro tempore of the 
            Senate, designate one of the Senior Counsels appointed under 
            section 102 of the Legislative Branch Appropriation Act, 
            1979 (2 U.S.C. 274 note; Public Law 95-391; 92 Stat. 771) as 
            Deputy Legislative Counsel. The Deputy Legislative Counsel 
            shall perform the functions of the Legislative Counsel 
            during the absence or disability of the Legislative Counsel, 
            or when the office is vacant.''
       552  Sec. 275. Functions.
                The Office of the Legislative Counsel shall aid in 
            drafting public bills and resolutions or amendments thereto 
            on the request of any committee of the Senate, but the 
            Committee on Rules and Administration of the

[[Page 409]]

            Senate, may determine the preference, if any, to be given to 
            such requests of the committees of the Senate. The 
            Legislative Counsel shall, from time to time, prescribe 
            rules and regulations for the conduct of the work of the 
            Office for the committees of the Senate, subject to the 
            approval of such Committee on Rules and Administration. 
            (Feb. 24, 1919, ch. 18, Sec. 1303(b), (d), 40 Stat. 1141; 
            June 2, 1924, ch. 234, Sec. 1101, 43 Stat. 353; Aug. 2, 
            1946, ch. 753, Title I, Sec. Sec. 102, 121, 60 Stat. 814, 
            822.)
       553  Sec. 276. Disbursement of appropriations.
                All appropriations for the Office of the Legislative 
            Counsel shall be disbursed by the Secretary of the Senate. 
            (Feb. 24, 1919, ch. 18, Sec. 1303(c), (d), 40 Stat. 1141; 
            June 2, 1924, ch. 234, Sec. 1101, 43 Stat. 353.)
       554  Sec. 276a. Expenditures.
                With the approval of the President pro tempore of the 
            Senate, the Legislative Counsel of the Senate may make such 
            expenditures as may be necessary or appropriate for the 
            functioning of the Office of the Legislative Counsel of the 
            Senate. (Pub.L. 98-51, Title I, Sec. 105, July 14, 1983, 97 
            Stat. 267.)
       555  Sec. 276b. Travel and related expenses.
                Funds expended by the Legislative Counsel of the Senate 
            for travel and related expenses shall be subject to the same 
            regulations and limitations (insofar as they are applicable) 
            as those which the Senate Committee on Rules and 
            Administration prescribes for application to travel and 
            related expenses for which payment is authorized to be made 
            from the contingent fund of the Senate. (Pub.L. 98-51, 
            Sec. 106, July 14, 1983, 97 Stat. 267.)
            
                     Chapter 9D.--OFFICE OF SENATE LEGAL COUNSEL

       556  Sec. 288. Office of Senate Legal Counsel.
            (a) Establishment; appointment of Counsel and Deputy 
                Counsel; Senate approval; reappointment; compensation
                (1) There is established, as an office of the Senate, 
            the Office of Senate Legal Counsel (hereinafter referred to 
            as the ``Office''), which shall be headed by a Senate Legal 
            Counsel (hereinafter referred to as the ``Counsel''); and 
            there shall be a Deputy Senate Legal Counsel (hereinafter 
            referred to as the ``Deputy Counsel'') who shall perform 
            such duties as may be assigned to him by the Counsel and 
            who, during any absence, disability, or vacancy in the 
            position of the Counsel, shall serve as Acting Senate Legal 
            Counsel.
                (2) The Counsel and the Deputy Counsel each shall be 
            appointed by the President pro tempore of the Senate from 
            among recommendations submitted by the majority and minority 
            leaders of the Senate. Any appointment made under this 
            paragraph shall be made without regard to political 
            affiliation and solely on the basis of fitness to perform 
            the duties of the position. Any person appointed as Counsel 
            or Deputy Counsel shall be learned in the law, a member of 
            the bar of a State or the District of Columbia, and shall 
            not engage in any other business, vocation, or employment 
            during the term of such appointment.

[[Page 410]]

                (3)(A) Any appointment made under paragraph (2) shall 
            become effective upon approval by resolution of the Senate. 
            The Counsel and the Deputy Counsel shall each be appointed 
            for a term of service which shall expire at the end of the 
            Congress following the Congress during which the Counsel or 
            Deputy Counsel, respectively, is appointed except that the 
            Senate may, by resolution, remove either the Counsel or the 
            Deputy Counsel prior to the termination of any term of 
            service. The Counsel and the Deputy Counsel may be 
            reappointed at the termination of any term of service.
                (B) The first Counsel and the first Deputy Counsel shall 
            be appointed, approved, and begin service within ninety days 
            after January 3, 1979, and thereafter the Counsel and Deputy 
            Counsel shall be appointed, approved, and begin service 
            within thirty days after the beginning of the session of the 
            Congress immediately following the termination of a 
            Counsel's or Deputy Counsel's term of service or within 
            sixty days after a vacancy occurs in either position.
                (4) The Counsel shall receive compensation at a rate 
            equal to the annual rate of basic pay for level III of the 
            Executive Schedule under section 5314 of Title 5. The Deputy 
            Counsel shall receive compensation at a rate equal to the 
            annual rate of basic pay for level IV of the Executive 
            Schedule under section 5315 of Title 5.
            (b) Assistant counsels and other personnel; compensation; 
                appointment; removal
                (1) The Counsel shall select and fix the compensation of 
            such Assistant Senate Legal Counsels (hereinafter referred 
            to as ``Assistant Counsels'') and of such other personnel, 
            within the limits of available funds, as may be necessary to 
            carry out the provisions of this chapter and may prescribe 
            the duties and responsibilities of such personnel. The 
            compensation fixed for each Assistant Counsel shall not be 
            in excess of a rate equal to the annual rate of basic pay 
            for level V of the Executive Schedule under section 5316 of 
            Title 5. Any selection made under this paragraph shall be 
            made without regard to political affiliation and solely on 
            the basis of fitness to perform the duties of the position. 
            Any individual selected as an Assistant Counsel shall be 
            learned in the law, a member of the bar of a State or the 
            District of Columbia, and shall not engage in any other 
            business, vocation, or employment during his term of 
            service. The Counsel may remove any individual appointed 
            under this paragraph.
                (2) For purposes of pay (other than the rate of pay of 
            the Counsel and Deputy Counsel) and employment benefits, 
            right, and privileges, all personnel of the Office shall be 
            treated as employees of the Senate.
            (c) Consultants
                In carrying out the functions of the Office, the Counsel 
            may procure the temporary (not to exceed one year) or 
            intermittent services of individual consultants (including 
            outside counsel), or organizations thereof, in the same 
            manner and under the same conditions as a standing committee 
            of the Senate may procure such services under section 72a(i) 
            of this title.
            (d) Policies and procedures
                The Counsel may establish such policies and procedures 
            as may be necessary to carry out the provisions of this 
            chapter.

[[Page 411]]

            (e) Delegation of duties
                The Counsel may delegate authority for the performance 
            of any function imposed by this chapter except any function 
            imposed upon the Counsel under section 288e(b) of this 
            title.
            (f) Attorney-client relationship
                The Counsel and other employees of the Office shall 
            maintain the attorney-client relationship with respect to 
            all communications between them and any Member, officer, or 
            employee of the Senate. (Pub.L. 95-521, Title VII, Sec. 701, 
            Oct. 26, 1978, 92 Stat. 1875.)
       557  Sec. 288a. Senate Joint Leadership Group.
            (a) Accountability of Office
                The Office shall be directly accountable to the Joint 
            Leadership Group in the performance of the duties of the 
            Office.
            (b) Membership
                For purposes of this chapter, the Joint Leadership Group 
            shall consist of the following Members:
                            (1) The President pro tempore (or if he so 
                        designates, the Deputy President pro tempore) of 
                        the Senate.
                            (2) The majority and minority leaders of the 
                        Senate.
                            (3) The chairman and ranking minority member 
                        of the Committee on the Judiciary of the Senate.
                            (4) The chairman and ranking minority Member 
                        of the committee of the Senate which has 
                        jurisdiction over the contingent fund of the 
                        Senate.
            (c) Assistance of Secretary of Senate
                (c) The Joint Leadership Group shall be assisted in the 
            performance of its duties by the Secretary of the Senate. 
            (Pub.L. 95-521, Title VII, Sec. 702, Oct. 26, 1978, 92 Stat. 
            1877.)
       558  Sec. 288b. Requirements for authorizing representation 
                activity.
            (a) Direction of Joint Leadership Group or Senate resolution
                The Counsel shall defend the Senate or a committee, 
            subcommittee, Member, officer, or employee of the Senate 
            under section 288c of this title only when directed to do so 
            by two-thirds of the Members of the Joint Leadership Group 
            or by the adoption of a resolution by the Senate.
            (b) Civil action to enforce subpoena
                The Counsel shall bring a civil action to enforce a 
            subpoena of the Senate or a committee or subcommittee of the 
            Senate under section 288d of this title only when directed 
            to do so by the adoption of a resolution by the Senate.
            (c) Intervention or appearance
                The Counsel shall intervene or appear as amicus curiae 
            under section 288e of this title only when directed to do so 
            by a resolution adopted by the Senate when such intervention 
            or appearance is to be made in the name of the Senate or in 
            the name of an officer, committee, subcommittee, or chairman 
            of a committee or subcommittee of the Senate.

[[Page 412]]

            (d) Immunity proceedings
                The Counsel shall serve as the duly authorized 
            representative in obtaining an order granting immunity under 
            section 288f of this title of--
                            (1) the Senate when directed to do so by an 
                        affirmative vote of a majority of the Members 
                        present of the Senate; or
                            (2) a committee or subcommittee of the 
                        Senate when directed to do so by an affirmative 
                        vote of two-thirds of the members of the full 
                        committee.
            (e) Resolution recommendations
                (e) The Office shall make no recommendation with respect 
            to the consideration of a resolution under this section. 
            (Pub.L. 95-521, Title VII, Sec. 703, Oct. 26, 1978, 92 Stat. 
            1877.)
       559  Sec. 288c. Defending the Senate, committee, subcommittee, 
                Member, officer, or employee of Senate.
                (a) Except as otherwise provided in subsection (b) of 
            this section, when directed to do so pursuant to section 
            288b(a) of this title, the Counsel shall--
                            (1) defend the Senate, a committee, 
                        subcommittee, Member, officer, or employee of 
                        the Senate in any civil action pending in any 
                        court of the United States or of a State or 
                        political subdivision thereof, in which the 
                        Senate, such committee, subcommittee, Member, 
                        officer, or employee is made a party defendant 
                        and in which there is placed in issue the 
                        validity of any proceeding of, or action, 
                        including issuance of any subpoena or order, 
                        taken by the Senate, or such committee, 
                        subcommittee, Member, officer, or employee in 
                        its or his official or representative capacity; 
                        or
                            (2) defend the Senate or a committee, 
                        subcommittee, Member, officer, or employee of 
                        the Senate in any proceeding with respect to any 
                        subpoena or order directed to the Senate or such 
                        committee, subcommittee, Member, officer, or 
                        employee in its or his official or 
                        representative capacity.
                (b) Representation of a Member, officer, or employee 
            under subsection (a) of this section shall be undertaken by 
            the Counsel only upon the consent of such Member, officer, 
            or employee. (Pub.L. 95-521, Title VII, Sec. 704, Oct. 26, 
            1978, 92 Stat. 1877.)
       560  Sec. 288d. Enforcement of Senate subpoena or order.
            (a) Institution of civil actions
                When directed to do so pursuant to section 288b(b) of 
            this title, the Counsel shall bring a civil action under any 
            statute conferring jurisdiction on any court of the United 
            States (including section 1365 of Title 28), to enforce, to 
            secure a declaratory judgment concerning the validity of, or 
            to prevent a threatened failure or refusal to comply with, 
            any subpoena or order issued by the Senate or a committee or 
            a subcommittee of the Senate authorized to issue a subpoena 
            or order.
            (b) Actions in name of committees and subcommittees
                Any directive to the Counsel to bring a civil action 
            pursuant to subsection (a) of this section in the name of a 
            committee or subcommittee of the Senate shall, for such 
            committee or subcommittee, constitute au

[[Page 413]]

            thorization to bring such action within the meaning of any 
            statute conferring jurisdiction on any court of the United 
            States.
            (c) Consideration of resolutions authorizing actions
                It shall not be in order in the Senate to consider a 
            resolution to direct the Counsel to bring a civil action 
            pursuant to subsection (a) of this section in the name of a 
            committee or subcommittee unless--
                            (1) such resolution is reported by a 
                        majority of the members voting, a majority being 
                        present, of such committee or committee of which 
                        such subcommittee is a subcommittee, and
                            (2) the report filed by such committee or 
                        committee of which such subcommittee is a 
                        subcommittee contains a statement of--

                                (A) the procedure followed in issuing 
                            such subpoena;

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

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

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

            (d) Rules of Senate
                The provisions of subsection (c) of this section are 
            enacted--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate, 
                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change 
                        such rules (so far as relating to the procedure 
                        in the Senate) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of the Senate.
            (e) Committee reports
                A report filed pursuant to subsection (c)(2) of this 
            section shall not be receivable in any court of law to the 
            extent such report is in compliance with such subsection.
            (f) Omitted
            (g) Certification of failure to testify; contempt
                Nothing in this section shall limit the discretion of--
                            (1) the President pro tempore of the Senate 
                        in certifying to the United States Attorney for 
                        the District of Columbia any matter pursuant to 
                        section 194 of this title; or
                            (2) the Senate to hold any individual or 
                        entity in contempt of the Senate. (Pub.L. 95-
                        521, Title VII, Sec. 705, Oct. 26, 1978, 92 
                        Stat. 1878; Pub.L. 99-336, Sec. 6(a)(2), June 
                        19, 1986, 100 Stat. 639.)
       561  Sec. 288e. Intervention or appearance.
            (a) Actions or proceedings
                When directed to do so pursuant to section 288b(c) of 
            this title, the Counsel shall intervene or appear as amicus 
            curiae in the name of the Senate, or in the name of an 
            officer, committee, subcommittee, or chairman of a committee 
            or subcommittee of the Senate in any legal

[[Page 414]]

            action or proceeding pending in any court of the United 
            States or of a State or political subdivision thereof in 
            which the powers and responsibilities of Congress under the 
            Constitution of the United States are placed in issue. The 
            Counsel shall be authorized to intervene only if standing to 
            intervene exists under section 2 of article III of the 
            Constitution of the United States.
            (b) Notification; publication
                The Counsel shall notify the Joint Leadership Group of 
            any legal action or proceeding in which the Counsel is of 
            the opinion that intervention or appearance as amicus curiae 
            under subsection (a) of this section is in the interest of 
            the Senate. Such notification shall contain a description of 
            the legal action or proceeding together with the reasons 
            that the Counsel is of the opinion that intervention or 
            appearance as amicus curiae is in the interest of the 
            Senate. The Joint Leadership Group shall cause said 
            notification to be published in the Congressional Record for 
            the Senate.
            (c) Powers and responsibilities of Congress
                The Counsel shall limit any intervention or appearance 
            as amicus curiae in an action or proceeding to issues 
            relating to the powers and responsibilities of Congress. 
            (Pub.L. 95-521, Title VII, Sec. 706, Oct. 26, 1978, 92 Stat. 
            1880.)
       562  Sec. 288f. Immunity proceedings.
                When directed to do so pursuant to section 288b(d) of 
            this title, the Counsel shall serve as the duly authorized 
            representative of the Senate or a committee or subcommittee 
            of the Senate in requesting a United States district court 
            to issue an order granting immunity pursuant to section 6005 
            of Title 18. (Pub.L. 95-521, Title VII, Sec. 707, Oct. 26, 
            1978, 92 Stat. 1880.)
       563  Sec. 288g. Advisory and other functions.
            (a) Cooperation with persons, committees, subcommittees, and 
                offices
                The Counsel shall advise, consult, and cooperate with--
                            (1) the United States Attorney for the 
                        District of Columbia with respect to any 
                        criminal proceeding for contempt of Congress 
                        certified by the President pro tempore of the 
                        Senate pursuant to section 194 of this title;
                            (2) the committee of the Senate with the 
                        responsibility to identify any court proceeding 
                        or action which is of vital interest to the 
                        Senate;
                            (3) the Comptroller General, the Government 
                        Accountability Office, the Office of Legislative 
                        Counsel of the Senate, and the Congressional 
                        Research Service, except that none of the 
                        responsibilities and authority assigned by this 
                        chapter to the Counsel shall be construed to 
                        affect or infringe upon any functions, powers, 
                        or duties of the aforementioned;
                            (4) any Member, officer, or employee of the 
                        Senate not represented under section 288c of 
                        this title with regard to obtaining private 
                        legal counsel for such Member, officer, or 
                        employee;
                            (5) the President pro tempore of the Senate, 
                        the Secretary of the Senate, the Sergeant-at-
                        Arms of the Senate, and the Parliamen

[[Page 415]]

                        tarian of the Senate, regarding any subpoena, 
                        order, or request for withdrawal of papers 
                        presented to the Senate which raises a question 
                        of the privileges of the Senate; and
                            (6) any committee or subcommittee of the 
                        Senate in promulgating and revising their rules 
                        and procedures for the use of congressional 
                        investigative powers and with respect to 
                        questions which may arise in the course of any 
                        investigation.
            (b) Legal research files
                The Counsel shall compile and maintain legal research 
            files of materials from court proceedings which have 
            involved Congress, a House of Congress, an office or agency 
            of Congress, or any committee, subcommittee, Member, 
            officer, or employee of Congress. Public court papers and 
            other research memoranda which do not contain information of 
            a confidential or privileged nature shall be made available 
            to the public consistent with any applicable procedures set 
            forth in such rules of the Senate as may apply and the 
            interests of the Senate.
            (c) Miscellaneous duties
                The Counsel shall perform such other duties consistent 
            with the purposes and limitations of this chapter as the 
            Senate may direct. (Pub.L. 95-521, Title VII, Sec. 708, Oct. 
            26, 1978, 92 Stat. 1880; Pub.L. 108-271, Sec. 8(b), July 7, 
            2004, 118 Stat. 814.)
       564  Sec. 288h. Defense of certain constitutional powers.
                In performing any function under this chapter, the 
            Counsel shall defend vigorously when placed in issue--
                            (1) the constitutional privilege from arrest 
                        or from being questioned in any other place for 
                        any speech or debate under section 6 of article 
                        I of the Constitution of the United States;
                            (2) the constitutional power of the Senate 
                        to be judge of the elections, returns, and 
                        qualifications of its own Members and to punish 
                        or expel a Member under section 5 of article I 
                        of the Constitution of the United States;
                            (3) the constitutional power of the Senate 
                        to except from publication such parts of its 
                        journal as in its judgment may require secrecy;
                            (4) the constitutional power of the Senate 
                        to determine the rules of its proceedings;
                            (5) the constitutional power of Congress to 
                        make all laws as shall be necessary and proper 
                        for carrying into execution the constitutional 
                        powers of Congress and all other powers vested 
                        by the Constitution in the Government of the 
                        United States, or in any department or office 
                        thereof;
                            (6) all other constitutional powers and 
                        responsibilities of the Senate or of Congress; 
                        and
                            (7) the constitutionality of Acts and joint 
                        resolutions of the Congress. (Pub.L. 95-521, 
                        Title VII, Sec. 709, Oct. 26, 1978, 92 Stat. 
                        1881.)
       565  Sec. 288i. Representation conflict or inconsistency.
            (a) Notification
                In the carrying out of the provisions of this chapter, 
            the Counsel shall notify the Joint Leadership Group, and any 
            party represented or person affected, of the existence and 
            nature of any conflict or inconsistency between the 
            representation of such party or person and the

[[Page 416]]

            carrying out of any other provision of this chapter or 
            compliance with professional standards and responsibilities.
            (b) Solution; publication in Congressional Record; review
                Upon receipt of such notification, the members of the 
            Joint Leadership Group shall recommend the action to be 
            taken to avoid or resolve the conflict or inconsistency. If 
            such recommendation is made by a two-thirds vote, the 
            Counsel shall take such steps as may be necessary to resolve 
            the conflict or inconsistency as recommended. If not, the 
            members of the Joint Leadership Group shall cause the 
            notification of conflict or inconsistency and recommendation 
            with respect to resolution thereof to be published in the 
            Congressional Record of the Senate. If the Senate does not 
            direct the Counsel within fifteen days from the date of 
            publication in the Record to resolve the conflict in another 
            manner, the Counsel shall take such action as may be 
            necessary to resolve the conflict or inconsistency as 
            recommended. Any instruction or determination made pursuant 
            to this subsection shall not be reviewable in any court of 
            law.
            (c) Computation of period following publication
                For purposes of the computation of the fifteen-day 
            period in subsection (b) of this section--
                            (1) continuity of session is broken only by 
                        an adjournment of Congress sine die; and
                            (2) the days on which the Senate is not in 
                        session because of an adjournment of more than 
                        three days to a date certain are excluded.
            (d) Reimbursement
                The Senate may by resolution authorize the reimbursement 
            of any Member, officer, or employee of the Senate who is not 
            represented by the Counsel for fees and costs, including 
            attorneys' fees, reasonably incurred in obtaining 
            representation. Such reimbursement, shall be from funds 
            appropriated to the contingent fund of the Senate. (Pub.L. 
            95-521, Title VII, Sec. 710, Oct. 26, 1978, 92 Stat. 1882.)
       566  Sec. 288j. Consideration of resolutions to direct counsel.
            (a) Procedure; rules
                (1) A resolution introduced pursuant to section 288b of 
            this title shall not be referred to a committee, except as 
            otherwise required under section 288d(c) of this title. Upon 
            introduction, or upon being reported if required under 
            section 288d(c) of this title, whichever is later, it shall 
            at any time thereafter be in order (even though a previous 
            motion to the same effect has been disagreed to) to move to 
            proceed to the consideration of such resolution. A motion to 
            proceed to the consideration of a resolution shall be highly 
            privileged and not debatable. An amendment to such motion 
            shall not be in order, and it shall not be in order to move 
            to reconsider the vote by which such motion is agreed to.
                (2) With respect to a resolution pursuant to section 
            288b(a) of this title, the following rules apply:
                            (A) If the motion to proceed to the 
                        consideration of the resolution is agreed to, 
                        debate thereon shall be limited to not more than 
                        ten hours, which shall be divided equally 
                        between, and controlled by,

[[Page 417]]

                        those favoring and those opposing the 
                        resolution. A motion further to limit debate 
                        shall not be debatable. No amendment to the 
                        resolution shall be in order. No motion to 
                        recommit the resolution shall be in order, and 
                        it shall not be in order to reconsider the vote 
                        by which the resolution is agreed to.
                            (B) Motions to postpone, made with respect 
                        to the consideration of the resolution, and 
                        motions to proceed to the consideration of other 
                        business, shall be decided without debate.
                            (C) All appeals from the decisions of the 
                        Chair relating to the application of the rules 
                        of the Senate to the procedure relating to the 
                        resolution shall be decided without debate.
            (b) ``Committee'' defined
                For purposes of this chapter, other than section 288b of 
            this title, the term ``committee'' includes standing, 
            select, and special committees of the Senate established by 
            law or resolution.
            (c) Rules of the Senate
                The provisions of this section are enacted--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate, 
                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change 
                        such rules at any time, in the same manner, and 
                        to the same extent as in the case of any other 
                        rule of the Senate. (Pub.L. 95-521, Title VII, 
                        Sec. 711, Oct. 26, 1978, 92 Stat. 1882.)
       567  Sec. 288k. Attorney General relieved of responsibility.
                (a) Upon receipt of written notice that the Counsel has 
            undertaken, pursuant to section 288c(a) of this title, to 
            perform any representational service with respect to any 
            designated party in any action or proceeding pending or to 
            be instituted, the Attorney General shall--
                            (1) be relieved of any responsibility with 
                        respect to such representational service;
                            (2) have no authority to perform such 
                        service in such action or proceeding except at 
                        the request or with the approval of the Senate; 
                        and
                            (3) transfer all materials relevant to the 
                        representation authorized under section 288c(a) 
                        of this title to the Counsel, except that 
                        nothing in this subsection shall limit any right 
                        of the Attorney General under existing law to 
                        intervene or appear as amicus curiae in such 
                        action or proceeding.
                (b) The Attorney General shall notify Counsel as 
            required by section 530D of Title 28. (Pub.L. 95-521, Title 
            VII, Sec. 712, Oct. 26, 1978, 92 Stat. 1883; Pub.L. 107-273, 
            Sec. 202(b)(2), Nov. 2, 2002, 116 Stat. 1774; Pub.L. 108-7, 
            Div. H, Title I, Sec. 110(b), Feb. 20, 2003, 117 Stat. 355.)
       568  Sec. 288l. Procedural provisions.
            (a) Intervention or appearance
                Permission to intervene as a party or to appear as 
            amicus curiae under section 288e of this title shall be of 
            right and may be denied by a court only upon an express 
            finding that such intervention or appearance is untimely and 
            would significantly delay the pending action or

[[Page 418]]

            that standing to intervene has not been established under 
            section 2 of article III of the Constitution of the United 
            States.
            (b) Compliance with admission requirements
                The Counsel, the Deputy Counsel, or any designated 
            Assistant Counsel or counsel specially retained by the 
            Office shall be entitled, for the purpose of performing his 
            functions under this chapter, to enter an appearance in any 
            proceeding before any court of the United States or of a 
            State or political subdivision thereof without compliance 
            with any requirement for admission to practice before such 
            court, except that the authorization conferred by this 
            subsection shall not apply with respect to the admission of 
            any such person to practice before the United States Supreme 
            Court.
            (c) Standing to sue; jurisdiction
                Nothing in this chapter shall be construed to confer 
            standing on any party seeking to bring, or jurisdiction on 
            any court with respect to, any civil or criminal action 
            against Congress, either House of Congress, a Member of 
            Congress, a committee or subcommittee of a House of 
            Congress, any office or agency of Congress, or any officer 
            or employee of a House of Congress or any office or agency 
            of Congress. (Pub.L. 95-521, Title VII, Sec. 713, Oct. 26, 
            1978, 92 Stat. 1883.)
       569  Sec. 288m. Contingent fund.
                The expenses of the Office shall be paid from the 
            contingent fund of the Senate in accordance with section 68 
            of this title, and upon vouchers approved by the Counsel. 
            (Pub.L. 95-521, Title VII, Sec. 716, Oct. 26, 1978, 92 Stat. 
            1885.)
       570  Sec. 288n. Travel and related expenses.
                Funds expended by the Senate Legal Counsel for travel 
            and related expenses shall be subject to the same 
            regulations and limitations (insofar as they are applicable) 
            as those which the Senate Committee on Rules and 
            Administration prescribes for application to travel and 
            related expenses for which payment is authorized to be made 
            from the contingent fund of the Senate. (Pub.L. 98-51, Title 
            I, Sec.  106, July 14, 1983, 97 Stat. 267.)
            
              Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND 
                                    COMPENSATION

       571  Sec. 351. Establishment.
                There is hereby established a commission to be known as 
            the Citizens' Commission on Public Service and Compensation 
            (hereinafter referred to as the ``Commission''). (Pub.L. 90-
            206, Sec. 225(a), Dec. 16, 1967, 81 Stat. 642; Pub.L. 101-
            194, Title VII, Sec. 701(a)(1), Nov. 30, 1989, 103 Stat. 
            1763.)
       572  Sec. 352. Membership.
                (1) The Commission shall be composed of 11 members, who 
            shall be appointed from private life, as follows:
                            (A) 2 appointed by the President of the 
                        United States;
                            (B) 1 appointed by the President pro tempore 
                        of the Senate, upon the recommendation of the 
                        majority and minority leaders of the Senate;

[[Page 419]]

                            (C) 1 appointed by the Speaker of the House 
                        of Representatives;
                            (D) 2 appointed by the Chief Justice of the 
                        United States; and
                            (E) 5 appointed by the Administrator of 
                        General Services in accordance with paragraph 
                        (4).
                (2) No person shall serve as a member of the Commission 
            who is--
                            (A) an officer or employee of the Federal 
                        Government;
                            (B) registered (or required to register) 
                        under the Federal Regulation of Lobbying Act [2 
                        U.S.C.A. Sec. 261 et seq.]; or
                            (C) a parent, sibling, spouse, child, or 
                        dependent relative, of anyone under subparagraph 
                        (A) or (B).
                (3) The persons appointed under subparagraphs (A) 
            through (D) of paragraph (1) shall be selected without 
            regard to political affiliation, and should be selected from 
            among persons who have experience or expertise in such areas 
            as government, personnel management, or public 
            administration.
                (4) The Administrator of General Services shall by 
            regulation establish procedures under which persons shall be 
            selected for appointment under paragraph (1)(E). Such 
            procedures--
                            (A) shall be designed in such a way so as to 
                        provide for the maximum degree of geographic 
                        diversity practicable among members under 
                        paragraph (1)(E);
                            (B) shall include provisions under which 
                        those members shall be chosen by lot from among 
                        names randomly selected from voter registration 
                        lists; and
                            (C) shall otherwise comply with applicable 
                        provisions of this subsection.
                (5) The chairperson shall be designated by the 
            President.
                (6) A vacancy in the membership of the Commission shall 
            be filled in the manner in which the original appointment 
            was made.
                (7) Each member of the Commission shall be paid at the 
            rate of $100 for each day such member is engaged upon the 
            work of the Commission and shall be allowed travel expenses, 
            including a per diem allowance, in accordance with section 
            5703 of Title 5, when engaged in the performance of services 
            for the Commission.
                (8)(A) The terms of office of persons first appointed as 
            members of the Commission shall be for the period of the 
            1993 fiscal year of the Federal Government, and shall begin 
            not later than February 14, 1993.
                (B) After the close of the 1993 fiscal year of the 
            Federal Government, persons shall be appointed as members of 
            the Commission with respect to every fourth fiscal year 
            following the 1993 fiscal year. The terms of office of 
            persons so appointed shall be for the period of the fiscal 
            year with respect to which the appointment is made, except 
            that, if any appointment is made after the beginning and 
            before the close of any such fiscal year, the term of office 
            based on such appointment shall be for the remainder of such 
            fiscal year.
                (C)(i) Notwithstanding any provision of subparagraph (A) 
            or (B), members of the Commission may continue to serve 
            after the close of a fiscal year, if the date designated by 
            the President under section 357 of this title (relating to 
            the date by which the Commission is to submit its report to 
            the President) is subsequent to the close of such fiscal 
            year, and only if or to the extent necessary to allow the 
            Commission to submit such report.

[[Page 420]]

                (ii) Notwithstanding any provision of section 353 of 
            this title, authority under such subsection shall remain 
            available, after the close of a fiscal year, so long as 
            members of the Commission continue to serve. (Pub.L. 90-206, 
            Sec. 225(b), Dec. 16, 1967, 81 Stat. 642; Pub.L. 99-190, 
            Sec. 135(a), Dec. 19, 1985, 99 Stat. 1322; Pub.L. 101-194, 
            Title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.)
       573  Sec. 353. Executive Director; additional personnel; detail 
                of 
                personnel of other agencies.
                (1) Without regard to the provisions of Title 5 
            governing appointments in the competitive service, and the 
            provisions of chapter 51 and subchapter III of chapter 53 of 
            such title, relating to classification and General Schedule 
            pay rates, and on a temporary basis for periods covering all 
            or part of any fiscal year referred to in subparagraphs (A) 
            and (B) of section 352(8) of this title--
                            (A) the Commission is authorized to appoint 
                        an Executive Director and fix his basic pay at 
                        the rate provided for level V of the Executive 
                        Schedule by section 5316 of Title 5; and
                            (B) with the approval of the Commission, the 
                        Executive Director is authorized to appoint and 
                        fix the basic pay (at respective rates not in 
                        excess of the maximum rate of the General 
                        Schedule in section 5332 of Title 5) of such 
                        additional personnel as may be necessary to 
                        carry out the function of the Commission.
                (2) Upon the request of the Commission, the head of any 
            department, agency, or establishment of any branch of the 
            Federal Government is authorized to detail, on a 
            reimbursable basis, for periods covering all or part of any 
            fiscal year referred to in subparagraphs (A) and (B) of 
            section 352(8) of this title, any of the personnel of such 
            department, agency, or establishment to assist the 
            Commission in carrying out its function. (Pub.L. 90-206, 
            Title II, Sec. 225(c), Dec. 16, 1967, 81 Stat. 643; Pub.L. 
            101-194, Title VII, Sec. 701(c), Nov. 30, 1989, 103 Stat. 
            1764.)
       574  Sec. 354. Use of United States mails.
                The Commission may use the United States mails in the 
            same manner and upon the same conditions as other 
            departments and agencies of the United States. (Pub.L. 90-
            206, Sec. 225(d), Dec. 16, 1967, 81 Stat. 643.)
       575  Sec. 355. Administrative support services.
                The Administrator of General Services shall provide 
            administrative support services for the Commission on a 
            reimbursable basis. (Pub.L. 90-206, Sec. 225(e), Dec. 16, 
            1967, 81 Stat. 643.)
       576  Sec. 356. Functions.
                The Commission shall conduct, in each of the respective 
            fiscal years referred to in subparagraphs (A) and (B) of 
            section 352(8) of this title, a review of the rates of pay 
            of--
                            (A) the Vice President of the United States, 
                        Senators, Members of the House of 
                        Representatives, the Resident Commissioner from 
                        Puerto Rico, the Speaker of the House of 
                        Representatives, the President pro tempore of 
                        the Senate, and the majority and minority 
                        leaders of the Senate and the House of 
                        Representatives;
                            (B) offices and positions in the legislative 
                        branch referred to in subsections (a), (b), (c), 
                        and (d) of section 203 of the Federal 
                        Legislative Salary Act of 1964 (78 Stat. 415; 
                        Public Law 88-426);

[[Page 421]]

                            (C) justices, judges, and other personnel in 
                        the judicial branch referred to in section 403 
                        of the Federal Judicial Salary Act of 1964 (78 
                        Stat. 434; Public Law 88-426) except bankruptcy 
                        judges, but including the judges of the United 
                        States Court of Federal Claims;
                            (D) offices and positions under the 
                        Executive Schedule in subchapter II of chapter 
                        53 of Title 5; and
                            (E) the Governors of the Board of Governors 
                        of the United States Postal Service appointed 
                        under section 202 of Title 39.

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

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

            In reviewing the rates of pay of the offices or positions 
            referred to in subparagraph (D) of this section, the 
            Commission shall determine and consider the appropriateness 
            of the executive levels of such offices and positions. 
            (Pub.L. 90-206, Title II, Sec. 255(f), Dec. 16, 1967, 81 
            Stat. 643; Pub.L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat. 
            775; Pub.L. 94-82, Title II Sec. 206(a), Aug. 9, 1975, 89 
            Stat. 423; Pub.L. 95-598, Title III, Sec. 301, Nov. 6, 1978, 
            92 Stat. 2673; Pub.L. 97-164, Title I, Sec. 143, Apr. 2, 
            1982, 96 Stat. 45; Pub.L. 99-190; Sec. 135(b), Dec. 19, 
            1985, 99 Stat. 1322; Pub.L. 100-202, Sec. 101(a) (Title IV, 
            Sec. 408(c)), Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub.L. 
            101-194, Title VII, Sec. 701(d), Nov. 30, 1989, 103 Stat. 
            1764; Pub.L. 102-572, Title IX, Sec. 902(b)(1), Oct. 29, 
            1992, 106 Stat. 4516.)

       577  Sec. 357. Report by Commission to President with respect to 
                pay.
                The Commission shall submit to the President a report of 
            the results of each review conducted by the Commission with 
            respect to rates of pay for the offices and positions within 
            the purview of subparagraphs (A), (B), (C), and (D) of 
            section 356 of this title, together with its 
            recommendations. Each such report shall be submitted on such 
            date as the President may designate but not later than 
            December 15 next following the close of the fiscal year in 
            which the review is conducted by the Commission. (Pub.L. 90-
            206, Sec. 225(g), Dec. 16, 1967, 81 Stat. 644; Pub.L. 99-
            190, Sec. 135(c), Dec. 19, 1985, 99 Stat. 1322; Pub.L. 101-
            194, Title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat. 1764.)
       578  Sec. 358. Recommendations of President with respect to pay.
                (1) After considering the report and recommendations of 
            the Commission submitted under section 357 of this title, 
            the President shall transmit to Congress his recommendations 
            with respect to the exact rates of pay, for offices and 
            positions within the purview of subparagraphs (A), (B), (C), 
            and (D) of section 356 of this title, which the President 
            considers to be fair and reasonable in light of the 
            Commission's report and recommendations, the prevailing 
            market value of the services rendered in the offices and 
            positions involved, the overall economic condition of the 
            country, and the fiscal condition of the Federal Government.

[[Page 422]]

                (2) The President shall transmit his recommendations 
            under this subsection to Congress on the first Monday after 
            January 3 of the first calendar year beginning after the 
            date on which the Commission submits its report and 
            recommendations to the President under section 357 of this 
            title. (Pub.L. 90-206, Sec. 225(h), Dec. 16, 1967, 81 Stat. 
            644; Pub.L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat. 
            1322; Pub.L. 101-194, Title VII, Sec. 701(f), Nov. 30, 1989, 
            103 Stat. 1765.)
       579  Sec. 359. Effective date of recommendations of President.
                (1) None of the President's recommendations under 
            section 358 of this title shall take effect unless approved 
            under paragraph (2).
                (2)(A) The recommendations of the President under 
            section 358 of this title shall be considered approved under 
            this paragraph if there is enacted into law a bill or joint 
            resolution approving such recommendations in their entirety. 
            This bill or joint resolution shall be passed by recorded 
            vote to reflect the vote of each Member of Congress thereon.
                (B)(i) The provisions of this subparagraph are enacted 
            by the Congress--
                            (I) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives 
                        and as such shall be considered as part of the 
                        rules of each House, and shall supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and
                            (II) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as they relate to the 
                        procedures of that House) at any time in the 
                        same manner, and to the same extent as in the 
                        case of any other rule of that House.
                (ii) During the 60-calendar-day period beginning on the 
            date that the President transmits his recommendations to the 
            Congress under section 358 of this title, it shall be in 
            order as a matter of highest privilege in each House of 
            Congress to consider a bill or joint resolution, if offered 
            by the majority leader of such House (or a designee), 
            approving such recommendations in their entirety.
                (3) Except as provided in paragraph (4), any recommended 
            pay adjustment approved under paragraph (2) shall take 
            effect as of the date proposed by the President under 
            section 358 of this title with respect to such adjustment.
                (4)(A) Notwithstanding the approval of the President's 
            pay recommendations in accordance with paragraph (2), none 
            of those recommendations shall take effect unless, between 
            the date on which the bill or resolution approving those 
            recommendations is signed by the President (or otherwise 
            becomes law) and the earliest date as of which the President 
            proposes (under section 358 of this title) that any of those 
            recommendations take effect, an election of Representatives 
            shall have intervened.
                (B) For purposes of this paragraph, the term ``election 
            of Representatives'' means an election held on the Tuesday 
            following the first Monday of November in any even-numbered 
            calendar year. (Pub.L. 90-206, Sec. 225(i), Dec. 16, 1967, 
            81 Stat. 644; Pub.L. 95-19, Sec. 401(a), Apr. 12, 1977, 91 
            Stat. 45; Pub.L. 99-190, Sec. 135(e), Dec. 19, 1985, 99 
            Stat. 1322; Pub.L. 101-194, Title VII, Sec. 701(g), Nov. 30, 
            1989, 103 Stat. 1765.)

[[Page 423]]


       580  Sec. 360. Effect of recommendations on existing law and 
                prior 
                recommendations.
                The recommendations of the President taking effect as 
            provided in subsection 359 of this title shall be held and 
            considered to modify, supersede, or render inapplicable, as 
            the case may be, to the extent inconsistent therewith--
                            (A) all provisions of law enacted prior to 
                        the effective date or dates of all or part (as 
                        the case may be) of such recommendations (other 
                        than any provision of law enacted with respect 
                        to such recommendations in the period beginning 
                        on the date the President transmits his 
                        recommendations to the Congress under section 
                        358 of this title and ending on the date of 
                        their approval under section 359(2) of this 
                        title), and
                            (B) any prior recommendations of the 
                        President which take effect under this chapter. 
                        (Pub.L. 90-206, Sec. 225(j), Dec. 16, 1967, 81 
                        Stat. 644; Pub.L. 95-19, Sec. 401(b), Apr. 12, 
                        1977, 91 Stat. 46; Pub.L. 95-190, Sec. 135(f), 
                        Dec. 19, 1985, 99 Stat. 1322; Pub.L. 99-190, 
                        Sec. 135(f), Dec. 19, 1985, 99 Stat. 1322; 
                        Pub.L. 101-194, Title VII, Sec. 701(h), Nov. 30, 
                        1989, 103 Stat. 1766.)
       581  Sec. 361. Publication of recommendations.
                The recommendations of the President which take effect 
            shall be printed in the Statutes at Large in the same volume 
            as public laws and shall be printed in the Federal Register 
            and included in the Code of Federal Regulations. (Dec. 16, 
            1967, Pub.L. 90-206, Sec. 225(k), 81 Stat. 644.)
            Note
                Section 135(g) of Public Law 99-190 (99 Stat. 1323, Dec. 
            19, 1985) provides that the Commission shall not make 
            recommendations on rates of pay in connection with the 
            review of rates of pay conducted in fiscal year 1985 except 
            for the rates of pay of the Governors of the Board of Postal 
            Service.
       582  Sec. 362. Requirements applicable to recommendations.
                Notwithstanding any other provision of this chapter, the 
            recommendations submitted by the Commission to the President 
            under section 357 of this title, and the recommendations 
            transmitted by the President to the Congress under section 
            358 of this title shall be in conformance with the 
            following:
                            (1) Any recommended pay adjustment shall 
                        specify the date as of which it is proposed that 
                        such adjustment take effect.
                            (2) The proposed effective date of a pay 
                        adjustment may occur no earlier than January 1 
                        of the second fiscal year, and not later than 
                        December 31 next following the close of the 
                        fifth fiscal year, beginning after the fiscal 
                        year in which the Commission conducts its review 
                        under section 356 of this title.
                            (3)(A)(i) The rates of pay recommended for 
                        the Speaker of the House of Representatives, the 
                        Vice President of the United States, and the 
                        Chief Justice of the United States, 
                        respectively, shall be equal.
                            (ii) The rates of pay recommended for the 
                        majority and minority leaders of the Senate and 
                        the House of Representatives, the President pro 
                        tempore of the Senate, and each office or 
                        position under

[[Page 424]]

                        section 5312 of Title 5 (relating to level I of 
                        the Executive Schedule), respectively, shall be 
                        equal.
                            (iii) The rates of pay recommended for a 
                        Senator, a Member of the House of 
                        Representatives, the Resident Commissioner from 
                        Puerto Rico, a Delegate to the House of 
                        Representatives, a judge of a district court of 
                        the United States, a judge of the United States 
                        Court of International Trade, and each office or 
                        position under section 5313 of Title 5 (relating 
                        to level II of the Executive Schedule), 
                        respectively, shall be equal.
                            (B) Nothing in this subsection shall be 
                        considered to require that the rate recommended 
                        for any office or position by the President 
                        under section 358 of this title be the same as 
                        the rate recommended for such office or position 
                        by the Commission under section 357 of this 
                        title. (Pub.L. 90-206, Title II, Sec. 225(l), as 
                        added Pub.L. 101-194, Title VII, Sec. 701(i), 
                        Nov. 30, 1989, 103 Stat. 1766.)
       583  Sec. 363. Additional function.
                The Commission shall, whenever it conducts a review 
            under section 356 of this title, also conduct a review under 
            this section relating to any recruitment or retention 
            problems, and any public policy issues involved in 
            maintaining appropriate ethical standards, with respect to 
            any offices or positions within the Federal public service. 
            Any findings or recommendations under this section shall be 
            included by the Commission as part of its report to the 
            President under section 357 of this title. (Pub.L. 90-206, 
            Title II, Sec. 225(m), as added Pub.L. 101-194, Title VII, 
            Sec. 701(j), Nov. 30, 1989, 103 Stat. 1767.)
       584  Sec. 364. Provision relating to certain other pay 
                adjustments.
                (1) A provision of law increasing the rate of pay 
            payable for an office or position within the purview of 
            subparagraph (A), (B), (C), or (D) of section 356 of this 
            title shall not take effect before the beginning of the 
            Congress following the Congress during which such provision 
            is enacted.
                (2) For purposes of this section, a provision of law 
            enacted during the period beginning on the Tuesday following 
            the first Monday of November of an even-numbered year of any 
            Congress and ending at noon on the following January 3 shall 
            be considered to have been enacted during the first session 
            of the following Congress.
                (3) Nothing in this section shall be considered to apply 
            with respect to any pay increase--
                            (A) which takes effect under the preceding 
                        sections of this chapter;
                            (B) which is based on a change in the 
                        Employment Cost Index (as determined under 
                        section 704(a)(1) of the Ethics Reform Act of 
                        1989) or which is in lieu of any pay adjustment 
                        which might otherwise be made in a year based on 
                        a change in such index (as so determined); or
                            (C) which takes effect under section 702 or 
                        703 of the Ethics Reform Act of 1989. (Pub.L. 
                        90-206, Title II, Sec. 225(n), as added Pub.L. 
                        101-194, Title VII, Sec. 701(k), Nov. 30, 1989, 
                        103 Stat. 1767.)
            
              Chapter 13.--JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

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

[[Page 425]]



            
                       Chapter 14.--FEDERAL ELECTION CAMPAIGNS

            
                 Subchapter I.--Disclosure of Federal Campaign Funds

       586  Sec. 431. Definitions.
                When used in this Act:
                            (1) The term ``election'' means--

                                (A) a general, special, primary, or 
                            runoff election;

                                (B) a convention or caucus of a 
                            political party which has authority to 
                            nominate a candidate;

                                (C) a primary election held for the 
                            selection of delegates to a national 
                            nominating convention of a political party; 
                            and

                                (D) a primary election held for the 
                            expression of a preference for the 
                            nomination of individuals for election to 
                            the office of President.

                            (2) The term ``candidate'' means an 
                        individual who seeks nomination for election, or 
                        election, to Federal office, and for purposes of 
                        this paragraph, an individual shall be deemed to 
                        seek nomination for election, or election--

                                (A) if such individual has received 
                            contributions aggregating in excess of 
                            $5,000 or has made expenditures aggregating 
                            in excess of $5,000; or

                                (B) if such individual has given his or 
                            her consent to another person to receive 
                            contributions or make expenditures on behalf 
                            of such individual and if such person has 
                            received such contributions aggregating in 
                            excess of $5,000 or has made such 
                            expenditures aggregating in excess of 
                            $5,000.

                            (3) The term ``Federal office'' means the 
                        office of President or Vice President, or of 
                        Senator or Representative in, or Delegate or 
                        Resident Commissioner to, the Congress.
                            (4) The term ``political committee'' means--

                                (A) any committee, club, association, or 
                            other group of persons which receives 
                            contributions aggregating in excess of 
                            $1,000 during a calendar year or which makes 
                            expenditures aggregating in excess of $1,000 
                            during a calendar year; or

                                (B) any separate segregated fund 
                            established under the provisions of section 
                            441b(b) of this title; or

                                (C) any local committee of a political 
                            party which receives contributions 
                            aggregating in excess of $5,000 during a 
                            calendar year, or makes payments exempted 
                            from the definition of contribution or 
                            expenditure as defined in paragraphs (8) and 
                            (9) aggregating in excess of $5,000 during a 
                            calendar year, or makes contributions 
                            aggregating in excess of $1,000 during a 
                            calendar year or makes expenditures 
                            aggregating in excess of $1,000 during a 
                            calendar year.

                            (5) The term ``principal campaign 
                        committee'' means a political committee 
                        designated and authorized by a candidate under 
                        section 432(e)(1) of this title.
                            (6) The term ``authorized committee'' means 
                        the principal campaign committee or any other 
                        political committee authorized by a candidate 
                        under section 432(e)(1) of this title to receive 
                        contributions or make expenditures on behalf of 
                        such candidate.
                            (7) The term ``connected organization'' 
                        means any organization which is not a political 
                        committee but which directly or indirectly

[[Page 426]]

                        establishes, administers, or financially 
                        supports a political committee.
                            (8)(A) The term ``contribution'' includes--

                                (i) any gift, subscription, loan, 
                            advance, or deposit of money or anything of 
                            value made by any person for the purpose of 
                            influencing any election for Federal office; 
                            or

                                (ii) the payment by any person of 
                            compensation for the personal services of 
                            another person which are rendered to a 
                            political committee without charge for any 
                            purpose.

                            (B) The term ``contribution'' does not 
                        include--

                                (i) the value of services provided 
                            without compensation by any individual who 
                            volunteers on behalf of a candidate or 
                            political committee;

                                (ii) the use of real or personal 
                            property, including a church or community 
                            room used on a regular basis by members of a 
                            community for noncommercial purposes, and 
                            the cost of invitations, food, and 
                            beverages, voluntarily provided by an 
                            individual to any candidate or any political 
                            committee of a political party in rendering 
                            voluntary personal services on the 
                            individual's residential premises or in the 
                            church or community room for candidate-
                            related or political party-related 
                            activities, to the extent that the 
                            cumulative value of such invitations, food, 
                            and beverages provided by such individual on 
                            behalf of any single candidate does not 
                            exceed $1,000 with respect to any single 
                            election, and on behalf of all political 
                            committees of a political party does not 
                            exceed $2,000 in any calendar year;

                                (iii) the sale of any food or beverage 
                            by a vendor for use in any candidate's 
                            campaign or for use by or on behalf of any 
                            political committee of a political party at 
                            a charge less than the normal comparable 
                            charge, if such charge is at least equal to 
                            the cost of such food or beverage to the 
                            vendor, to the extent that the cumulative 
                            value of such activity by such vendor on 
                            behalf of any single candidate does not 
                            exceed $1,000 with respect to any single 
                            election, and on behalf of all political 
                            committees of a political party does not 
                            exceed $2,000 in any calendar year;

                                (iv) any unreimbursed payment for travel 
                            expenses made by any individual on behalf of 
                            any candidate or any political committee of 
                            a political party, to the extent that the 
                            cumulative value of such activity by such 
                            individual on behalf of any single candidate 
                            does not exceed $1,000 with respect to any 
                            single election, and on behalf of all 
                            political committees of a political party 
                            does not exceed $2,000 in any calendar year;

                                (v) the payment by a State or local 
                            committee of a political party of the costs 
                            of preparation, display, or mailing or other 
                            distribution incurred by such committee with 
                            respect to a printed slate card or sample 
                            ballot, or other printed listing, of 3 or 
                            more candidates for any public office for 
                            which an election is held in the State in 
                            which such committee is organized, except 
                            that this clause shall not apply to any cost 
                            incurred by such committee with respect to a 
                            display of any such listing made on 
                            broadcasting stations, or in newspapers, 
                            magazines, or similar types of general 
                            public political advertising;

[[Page 427]]

                                (vi) any payment made or obligation 
                            incurred by a corporation or a labor 
                            organization which, under section 441b(b) of 
                            this title, would not constitute an 
                            expenditure by such corporation or labor 
                            organization;

                                (vii) any loan of money by a State bank, 
                            a federally chartered depository 
                            institution, or a depository institution the 
                            deposits or accounts of which are insured by 
                            the Federal Deposit Insurance Corporation, 
                            Federal Savings and Loan Insurance 
                            Corporation, or the National Credit Union 
                            Administration, other than any overdraft 
                            made with respect to a checking or savings 
                            account, made in accordance with applicable 
                            law and in the ordinary course of business, 
                            but such loan--

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

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

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

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

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

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

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

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

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

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

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

                                (x) the payment by a candidate, for 
                            nomination or election to any public office 
                            (including State or local office), or 
                            authorized

[[Page 428]]

                            committee of a candidate, of the costs of 
                            campaign materials which include information 
                            on or reference to any other candidate and 
                            which are used in connection with volunteer 
                            activities (including pins, bumper stickers, 
                            handbills, brochures, posters, and yard 
                            signs, but not including the use of 
                            broadcasting, newspapers, magazines, 
                            billboards, direct mail, or similar types of 
                            general public communication or political 
                            advertising): Provided, That such payments 
                            are made from contributions subject to the 
                            limitations and prohibitions of this Act;

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

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

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

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

                                (xii) payments made by a candidate or 
                            the authorized committee of a candidate as a 
                            condition of ballot access and payments 
                            received by any political party committee as 
                            a condition of ballot access;

                                (xiii) any honorarium (within the 
                            meaning of section 441i of this title); and

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

                            (9)(A) The term ``expenditure'' includes--

                                (i) any purchase, payment, distribution, 
                            loan, advance, deposit, or gift of money or 
                            anything of value, made by any person for 
                            the purpose of influencing any election for 
                            Federal office; and

                                (ii) a written contract, promise, or 
                            agreement to make an expenditure.

                            (B) The term ``expenditure'' does not 
                        include--

                                (i) any news story, commentary, or 
                            editorial distributed through the facilities 
                            of any broadcasting station, newspaper, 
                            magazine, or other periodical publication, 
                            unless such facilities are owned or 
                            controlled by any political party, political 
                            committee, or candidate;

                                (ii) nonpartisan activity designed to 
                            encourage individuals to vote or to register 
                            to vote;

                                (iii) any communication by any 
                            membership organization or corporation to 
                            its members, stockholders, or executive or 
                            admin

[[Page 429]]

                            istrative personnel, if such membership 
                            organization or corporation is not organized 
                            primarily for the purpose of influencing the 
                            nomination for election, or election, of any 
                            individual to Federal office, except that 
                            the costs incurred by a membership 
                            organization (including a labor 
                            organization) or by a corporation directly 
                            attributable to a communication expressly 
                            advocating the election or defeat of a 
                            clearly identified candidate (other than a 
                            communication primarily devoted to subjects 
                            other than the express advocacy of the 
                            election or defeat of a clearly identified 
                            candidate), shall, if such costs exceed 
                            $2,000 for any election, be reported to the 
                            Commission in accordance with section 
                            434(a)(4)(A)(i) of this title, and in 
                            accordance with section 434(a)(4)(A)(ii) of 
                            this title with respect to any general 
                            election;

                                (iv) the payment by a State or local 
                            committee of a political party of the costs 
                            of preparation, display, or mailing or other 
                            distribution incurred by such committee with 
                            respect to a printed slate card or sample 
                            ballot, or other printed listing, of 3 or 
                            more candidates for any public office for 
                            which an election is held in the State in 
                            which such committee is organized, except 
                            that this clause shall not apply to costs 
                            incurred by such committee with respect to a 
                            display of any such listing made on 
                            broadcasting stations, or in newspapers, 
                            magazines, or similar types of general 
                            public political advertising;

                                (v) any payment made or obligation 
                            incurred by a corporation or a labor 
                            organization which, under section 441b(b) of 
                            this title, would not constitute an 
                            expenditure by such corporation or labor 
                            organization;

                                (vi) any costs incurred by an authorized 
                            committee or candidate in connection with 
                            the solicitation of contributions on behalf 
                            of such candidate, except that this clause 
                            shall not apply with respect to costs 
                            incurred by an authorized committee of a 
                            candidate in excess of an amount equal to 20 
                            percent of the expenditure limitation 
                            applicable to such candidate under section 
                            441a(b) of this title, but all such costs 
                            shall be reported in accordance with section 
                            434(b) of this title;

                                (vii) the payment of compensation for 
                            legal or accounting services--

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

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

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

[[Page 430]]

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

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

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

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

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

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

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

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

                                (x) payments received by a political 
                            party committee as a condition of ballot 
                            access which are transferred to another 
                            political party committee or the appropriate 
                            State official.

                            (10) The term ``Commission'' means the 
                        Federal Election Commission.
                            (11) The term ``person'' includes an 
                        individual, partnership, committee, association, 
                        corporation, labor organization, or any other 
                        organization or group of persons, but such term 
                        does not include the Federal Government or any 
                        authority of the Federal Government.
                            (12) The term ``State'' means a State of the 
                        United States, the District of Columbia, the 
                        Commonwealth of Puerto Rico, or a territory or 
                        possession of the United States.
                            (13) The term ``identification'' means--

                                (A) in the case of any individual, the 
                            name, the mailing address, and the 
                            occupation of such individual, as well as 
                            the name of his or her employer; and

                                (B) in the case of any other person, the 
                            full name and address of such person.

                            (14) The term ``national committee'' means 
                        the organization which, by virtue of the bylaws 
                        of a political party, is responsible for the 
                        day-to-day operation of such political party at 
                        the national level, as determined by the 
                        Commission.
                            (15) The term ``State committee'' means the 
                        organization which, by virtue of the bylaws of a 
                        political party, is responsible for the

[[Page 431]]

                        day-to-day operation of such political party at 
                        the State level, as determined by the 
                        Commission.
                            (16) The term ``political party'' means an 
                        association, committee, or organization which 
                        nominates a candidate for election to any 
                        Federal office whose name appears on the 
                        election ballot as the candidate of such 
                        association, committee, or organization.
                            (17) Independent expenditure.--The term 
                        ``independent expenditure'' means an expenditure 
                        by a person--

                                (A) expressly advocating the election or 
                            defeat of a clearly identified candidate; 
                            and

                                (B) that is not made in concert or 
                            cooperation with or at the request or 
                            suggestion of such candidate, the 
                            candidate's authorized political committee, 
                            or their agents, or a political party 
                            committee, or its agents.

                            (18) The term ``clearly identified'' means 
                        that--

                                (A) the name of the candidate involved 
                            appears;

                                (B) a photograph or drawing of the 
                            candidate appears; or

                                (C) the identity of the candidate is 
                            apparent by unambiguous reference.

                            (19) The term ``Act'' means the Federal 
                        Election Campaign Act of 1971 as amended.
                            (20) Federal election activity--

                                (A) In general.--The term ``Federal 
                            election activity'' means--

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

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

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

                                        (iv) services provided during 
                                    any month by an employee of a State, 
                                    district, or local committee of a 
                                    political party who spends more than 
                                    25 percent of that individual's 
                                    compensated time during that month 
                                    on activities in connection with a 
                                    Federal election.

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

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

[[Page 432]]

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

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

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

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

                                (A) any asset that, under applicable 
                            State law, at the time the individual became 
                            a candidate, the candidate had legal right 
                            of access to or control over, and with 
                            respect to which the candidate had--

                                        (i) legal and rightful title; or

                                        (ii) an equitable interest;

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

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

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

                                        (iii) bequests to the candidate;

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

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

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

[[Page 433]]

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

                                (C) a portion of assets that are jointly 
                            owned by the candidate and the candidate's 
                            spouse equal to the candidate's share of the 
                            asset under the instrument of conveyance or 
                            ownership, but if no specific share is 
                            indicated by an instrument of conveyance or 
                            ownership, the value of \1/2\ of the 
                            property. (Pub.L. 92-225, Sec. 301, Feb. 7, 
                            1972, 86 Stat. 11; Pub.L. 93-443, 
                            Sec. Sec. 201(a), 208(c)(1), Oct. 15, 1974, 
                            88 Stat. 1272, 1286; Pub.L. 94-283, 
                            Sec. Sec. 102, 115(d), (h), May 11, 1976, 90 
                            Stat. 478, 495, 496; Pub.L. 96-187, Title I, 
                            Sec. 101, Jan. 8, 1980, 93 Stat. 1339; 
                            Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 
                            Stat. 2095; Pub.L. 106-346, Sec. 101(a) 
                            [Title V, Sec. 502(b)], Oct. 23, 2000, 114 
                            Stat. 1356, 1356A-49; Pub.L. 107-155, 
                            Sec. Sec. 101(b), 103(b)(1), 211, 304(c), 
                            Mar. 27, 2002, 116 Stat. 85, 87, 92, 100.)

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

[[Page 434]]

                            (4) the identification of any political 
                        committee which makes a contribution, together 
                        with the date and amount of any such 
                        contribution; and
                            (5) the name and address of every person to 
                        whom any disbursement is made, the date, amount, 
                        and purpose of the disbursement, and the name of 
                        the candidate and the office sought by the 
                        candidate, if any, for whom the disbursement was 
                        made, including a receipt, invoice, or canceled 
                        check for each disbursement in excess of $200.
            (d) Preservation of records and copies of reports
                The treasurer shall preserve all records required to be 
            kept by this section and copies of all reports required to 
            be filed by this subchapter for 3 years after the report is 
            filed. For any report filed in electronic format under 
            section 434(a)(11) of this title, the treasurer shall retain 
            a machine-readable copy of the report as the copy preserved 
            under the preceding sentence.
            (e) Principal and additional campaign committees; 
                designations, status of candidate, authorized 
                committees, etc.
                (1) Each candidate for Federal office (other than the 
            nominee for the office of Vice President) shall designate in 
            writing a political committee in accordance with paragraph 
            (3) to serve as the principal campaign committee of such 
            candidate. Such designation shall be made no later than 15 
            days after becoming a candidate. A candidate may designate 
            additional political committees in accordance with paragraph 
            (3) to serve as authorized committees of such candidate. 
            Such designation shall be in writing and filed with the 
            principal campaign committee of such candidate in accordance 
            with subsection (f)(1) of this section.
                (2) Any candidate described in paragraph (1) who 
            receives a contribution, or any loan for use in connection 
            with the campaign of such candidate for election, or makes a 
            disbursement in connection with such campaign, shall be 
            considered, for purposes of this Act, as having received the 
            contribution or loan, or as having made the disbursement, as 
            the case may be, as an agent of the authorized committee or 
            committees of such candidate.
                (3)(A) No political committee which supports or has 
            supported more than one candidate may be designated as an 
            authorized committee, except that--
                            (i) the candidate for the office of 
                        President nominated by a political party may 
                        designate the national committee of such 
                        political party as a principal campaign 
                        committee, but only if that national committee 
                        maintains separate books of account with respect 
                        to its function as a principal campaign 
                        committee; and
                            (ii) candidates may designate a political 
                        committee established solely for the purpose of 
                        joint fundraising by such candidates as an 
                        authorized committee.
                (B) As used in this section, the term ``support'' does 
            not include a contribution by any authorized committee in 
            amounts of $2,000 or less to an authorized committee of any 
            other candidate.
                (4) The name of each authorized committee shall include 
            the name of the candidate who authorized such committee 
            under paragraph (1). In the case of any political committee 
            which is not an authorized com

[[Page 435]]

            mittee, such political committee shall not include the name 
            of any candidate in its name.
                (5) The name of any separate segregated fund established 
            pursuant to section 441b(b) of this title shall include the 
            name of its connected organization.
            (f) Filing with and receipt of designations, statements, and 
                reports by principal campaign committee
                (1) Notwithstanding any other provision of this Act, 
            each designation, statement, or report of receipts or 
            disbursements made by an authorized committee of a candidate 
            shall be filed with the candidate's principal campaign 
            committee.
                (2) Each principal campaign committee shall receive all 
            designations, statements, and reports required to be filed 
            with it under paragraph (1) and shall compile and file such 
            designations, statements, and reports in accordance with 
            this Act.
            (g) Filing with and receipt of designations, statements, and 
                reports by Secretary of Senate; forwarding to 
                Commission; filing requirements with Commission; public 
                inspection and preservation of designations, etc.
                (1) Designations, statements, and reports required to be 
            filed under this Act by a candidate for the office of 
            Senator, by the principal campaign committee of such 
            candidate, and by the Republican and Democratic Senatorial 
            Campaign Committees shall be filed with the Secretary of the 
            Senate, who shall receive such designations, statements, and 
            reports, as custodian for the Commission.
                (2) The Secretary of the Senate shall forward a copy of 
            any designation, statement, or report filed with the 
            Secretary under this subsection to the Commission as soon as 
            possible (but no later than 2 working days) after receiving 
            such designation, statement, or report.
                (3) All designations, statements, and reports required 
            to be filed under this Act, except designations, statements, 
            and reports filed in accordance with paragraph (1), shall be 
            filed with the Commission.
                (4) The Secretary of the Senate shall make the 
            designations, statements, and reports received under this 
            subsection available for public inspection and copying in 
            the same manner as the Commission under section 438(a)(4) of 
            this title, and shall preserve such designations, 
            statements, and reports in the same manner as the Commission 
            under section 438(a)(5) of this title.
            (h) Campaign depositories; designations, maintenance of 
                accounts, etc.; petty cash fund for disbursements; 
                record of disbursements
                (1) Each political committee shall designate one or more 
            State banks, federally chartered depository institutions, or 
            depository institutions the deposits or accounts of which 
            are insured by the Federal Deposit Insurance Corporation, 
            the Federal Savings and Loan Insurance Corporation, or the 
            National Credit Union Administration, as its campaign 
            depository or depositories. Each political committee shall 
            maintain at least one checking account and such other 
            accounts as the committee determines at a depository 
            designated by such committee. All receipts received by such 
            committee shall be deposited in such accounts. No 
            disbursements may be made (other than petty cash 
            disbursements under paragraph

[[Page 436]]

            (2)) by such committee except by check drawn on such 
            accounts in accordance with this section.
                (2) A political committee may maintain a petty cash fund 
            for disbursements not in excess of $100 to any person in 
            connection with a single purchase or transaction. A record 
            of all petty cash disbursements shall be maintained in 
            accordance with subsection (c)(5) of this section.
            (i) Reports and records, compliance with requirements based 
                on best efforts
                When the treasurer of a political committee shows that 
            best efforts have been used to obtain, maintain, and submit 
            the information required by this Act for the political 
            committee, any report or any records of such committee shall 
            be considered in compliance with this Act or chapter 95 or 
            chapter 96 of Title 26. (Pub.L. 92-225, Sec. 302, Feb. 7, 
            1972, 86 Stat. 12; Pub.L. 93-443, Sec. Sec. 202, 208(c)(2), 
            Oct. 15, 1974, 88 Stat. 1275, 1286; Pub.L. 94-283, Sec. 103, 
            May 11, 1976, 90 Stat. 480; Pub.L. 96-187, Title I, 
            Sec. 102, Jan. 8, 1980, 93 Stat. 1345; Pub.L. 99-514, 
            Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L. 104-79, 
            Sec. Sec. 1(b), 3(a), Dec. 28, 1995, 109 Stat. 791, 792; 
            Pub.L. 105-61, Title VI, Sec. 637, Oct. 10, 1997, 111 Stat. 
            1316; Pub.L. 108-447, Div. H, Title V, Sec. 525, Dec. 8, 
            2004, 118 Stat. 3271.)
       588  Sec. 433. Registration of political committees.
            (a) Statements of organizations
                Each authorized campaign committee shall file a 
            statement of organization no later than 10 days after 
            designation pursuant to section 432(e)(1) of this title. 
            Each separate segregated fund established under the 
            provisions of section 441b(b) of this title shall file a 
            statement of organization no later than 10 days after 
            establishment. All other committees shall file a statement 
            or organization within 10 days after becoming a political 
            committee within the meaning of section 431(4) of this 
            title.
            (b) Contents of statements
                The statement of organization of a political committee 
            shall include--
                            (1) the name, address, and type of 
                        committee;
                            (2) the name, address, relationship, and 
                        type of any connected organization or affiliated 
                        committee;
                            (3) the name, address, and position of the 
                        custodian of books and accounts of the 
                        committee;
                            (4) the name and address of the treasurer of 
                        the committee;
                            (5) if the committee is authorized by a 
                        candidate, the name, address, office sought, and 
                        party affiliation of the candidate; and
                            (6) a listing of all banks, safety deposit 
                        boxes, or other depositories used by the 
                        committee.
            (c) Change of information in statements
                Any change in information previously submitted in a 
            statement of organization shall be reported in accordance 
            with section 432(g) of this title no later than 10 days 
            after the date of the change.
            (d) Termination, etc., requirements and authorities
                (1) A political committee may terminate only when such a 
            committee files a written statement, in accordance with 
            section 432(g) of this title,

[[Page 437]]

            that it will no longer receive any contributions or make any 
            disbursements and that such committee has no outstanding 
            debts or obligations.
                (2) Nothing contained in this subsection may be 
            construed to eliminate or limit the authority of the 
            Commission to establish procedures for--
                            (A) the determination of insolvency with 
                        respect to any political committee;
                            (B) the orderly liquidation of an insolvent 
                        political committee, and the orderly application 
                        of its assets for the reduction of outstanding 
                        debts; and
                            (C) the termination of an insolvent 
                        political committee after such liquidation and 
                        application of assets. (Pub.L. 92-225, Sec. 303, 
                        Feb. 7, 1972, 86 Stat. 14; Pub.L. 93-443, 
                        Sec. Sec. 203, 208(c)(3), Oct. 15, 1974, 88 
                        Stat. 1276, 1286; Pub.L. 96-187, Title I, 
                        Sec. 103, Jan. 8, 1980, 93 Stat. 1347.)
       589  Sec. 434. Reporting requirements.
            (a) Receipts and disbursements by treasurers of political 
                committees; filing requirements
                (1) Each treasurer of a political committee shall file 
            reports of receipts and disbursements in accordance with the 
            provisions of this subsection. The treasurer shall sign each 
            such report.
                (2) If the political committee is the principal campaign 
            committee of a candidate for the House of Representatives or 
            for the Senate--
                            (A) in any calendar year during which there 
                        is regularly scheduled election for which such 
                        candidate is seeking election, or nomination for 
                        election, the treasurer shall file the following 
                        reports:

                                (i) a pre-election report, which shall 
                            be filed no later than the 12th day before 
                            (or posted by any of the following: 
                            registered mail, certified mail, priority 
                            mail having a delivery confirmation, or 
                            express mail having a delivery confirmation, 
                            or delivered to an overnight delivery 
                            service with an on-line tracking system if 
                            posted or delivered no later than the 15th 
                            day before) any election in which such 
                            candidate is seeking election, or nomination 
                            for election, and which shall be complete as 
                            of the 20th day before such election;

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

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

                            (B) in any other calendar year the treasurer 
                        shall file quarterly reports, which shall be 
                        filed not later than the 15th day after the last 
                        day of each calendar quarter, and which shall be 
                        complete as of the last day of each calendar 
                        quarter, except that the report for the quarter 
                        ending December 31, shall be filed not later 
                        than January 31 of the following calendar year.
                (3) If the committee is the principal campaign committee 
            of a candidate for the office of President--

[[Page 438]]

                            (A) in any calendar year during which a 
                        general election is held to fill such office--

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

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

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

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

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

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

                (4) All political committees other than authorized 
            committees of a candidate shall file either--
                            (A)(i) quarterly reports, in a calendar year 
                        in which a regularly scheduled general election 
                        is held, which shall be filed no later than the 
                        15th day after the last day of each calendar 
                        quarter: except that the report for the quarter 
                        ending on December 31 of such calendar year 
                        shall be filed no later than January 31 of the 
                        following calendar year;
                            (ii) a pre-election report, which shall be 
                        filed no later than the 12th day before (or 
                        posted by any of the following: registered mail, 
                        certified mail, priority mail having a delivery 
                        confirmation, or express mail having a delivery 
                        confirmation, or delivered to an overnight 
                        delivery service with an on-line tracking 
                        system, if posted or delivered no later than the 
                        15th day before) any election in which the 
                        committee makes a contribution to or expenditure 
                        on behalf of a candidate in such election, and 
                        which shall be complete as of the 20th day 
                        before the election;

[[Page 439]]

                            (iii) a post-general election report, which 
                        shall be filed no later than the 30th day after 
                        the general election and which shall be complete 
                        as of the 20th day after such general election; 
                        and
                            (iv) in any other calendar year, a report 
                        covering the period beginning January 1 and 
                        ending June 30, which shall be filed no later 
                        than July 31 and a report covering the period 
                        beginning July 1 and ending December 31, which 
                        shall be filed no later than January 31 of the 
                        following calendar year; or
                            (B) monthly reports in all calendar years 
                        which shall be filed no later than the 20th day 
                        after the last day of the month and shall be 
                        complete as of the last day of the month, except 
                        that, in lieu of filing the reports otherwise 
                        due in November and December of any year in 
                        which a regularly scheduled general election is 
                        held, a pre-general election report shall be 
                        filed in accordance with paragraph (2)(A)(i), a 
                        post-general election report shall be filed in 
                        accordance with paragraph (2)(A)(ii), and a year 
                        end report shall be filed no later than January 
                        31 of the following calendar year. 
                        Notwithstanding the preceding sentence, a 
                        national committee of a political party shall 
                        file the reports required under subparagraph 
                        (B).
                (5) If a designation, report, or statement filed 
            pursuant to this Act (other than under paragraph (2)(A)(i) 
            or (4)(A)(ii), or subsection (g)(1) of this section) is sent 
            by registered mail, certified mail, priority mail having a 
            delivery confirmation, or express mail having a delivery 
            confirmation, the United States postmark shall be considered 
            the date of filing the designation, report or statement. If 
            a designation, report or statement filed pursuant to this 
            Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or 
            subsection (g)(1) of this section) is sent by an overnight 
            delivery service with an on-line tracking system, the date 
            on the proof of delivery to the delivery service shall be 
            considered the date of filing of the designation, report, or 
            statement.
                (6)(A) The principal campaign committee of a candidate 
            shall notify the Secretary or the Commission, and the 
            Secretary of State, as appropriate, in writing, of any 
            contribution of $1,000 or more received by any authorized 
            committee of such candidate after the 20th day, but more 
            than 48 hours before, any election. This notification shall 
            be made within 48 hours after the receipt of such 
            contribution and shall include the name of the candidate and 
            the office sought by the candidate, the identification of 
            the contributor, and the date of receipt and amount of the 
            contribution.
                (B) Notification of expenditure from personal funds--
                            (i) Definition of expenditure from personal 
                        funds.--In this subparagraph, the term 
                        ``expenditure from personal funds'' means--

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

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

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

[[Page 440]]

                        the election that will exceed the State-by-State 
                        competitive and fair campaign formula with--

                                (I) the Commission; and

                                (II) each candidate in the same 
                            election.

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

                                (I) the Commission; and

                                (II) each candidate in the same 
                            election.

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

                                        (I) the Commission; and

                                        (II) each candidate in the same 
                                    election.

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

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

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

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

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

[[Page 441]]

            tion for election, in special elections and political 
            committees filing under paragraph (4)(A) which make 
            contributions to or expenditures on behalf of a candidate or 
            candidates in special elections. The Commission shall 
            require no more than one pre-election report for each 
            election and one post-election report for the election which 
            fills the vacancy. The Commission may waive any reporting 
            obligation of committees required to file for special 
            elections if any report required by paragraph (2) or (4) is 
            required to be filed within 10 days of a report required 
            under this subsection. The Commission shall establish the 
            reporting dates within 5 days of the setting of such 
            election and shall publish such dates and notify the 
            principal campaign committees of all candidates in such 
            election of the reporting dates.
                (10) The treasurer of a committee supporting a candidate 
            for the office of Vice President (other than the nominee of 
            a political party) shall file reports in accordance with 
            paragraph (3).
                (11)(A) The Commission shall promulgate a regulation 
            under which a person required to file a designation, 
            statement, or report under this Act--
                            (i) is required to maintain and file a 
                        designation, statement, or report for any 
                        calendar year in electronic form accessible by 
                        computers if the person has, or has reason to 
                        expect to have, aggregate contributions or 
                        expenditures in excess of a threshold amount 
                        determined by the Commission; and
                            (ii) may maintain and file a designation, 
                        statement, or report in electronic form or an 
                        alternative form if not required to do so, under 
                        the regulation promulgated under clause (i).
                (B) The Commission shall make a designation, statement, 
            report, or notification that is filed with the Commission 
            under this Act available for inspection by the public in the 
            offices of the Commission and accessible to the public on 
            the Internet not later than 48 hours (or not later than 24 
            hours in the case of a designation, statement, report or 
            notification filed electronically) after receipt by the 
            Commission.
                (C) In promulgating a regulation under this paragraph, 
            the Commission shall provide methods (other than requiring a 
            signature on the document being filed) for verifying 
            designations, statements, and reports covered by the 
            regulation. Any document verified under any of the methods 
            shall be treated for all purposes (including penalties for 
            perjury) in the same manner as a document verified by 
            signature.
                (D) As used in this paragraph, the term ``report'' 
            means, with respect to the Commission, a report, 
            designation, or statement required by this Act to be filed 
            with the Commission.
                (12) Software for filing of reports
                            (A) In general.--The Commission shall--

                                (i) promulgate standards to be used by 
                            vendors to develop software that--

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

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

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

[[Page 442]]

                                (ii) make a copy of software that meets 
                            the standards promulgated under clause (i) 
                            available to each person required to file a 
                            designation, statement, or report in 
                            electronic form under this Act.

                            (B) Additional information.--To the extent 
                        feasible, the Commission shall require vendors 
                        to include in the software developed under the 
                        standards under subparagraph (A) the ability for 
                        any person to file any designation, statement, 
                        or report required under this Act in electronic 
                        form.
                            (C) Required use.--Notwithstanding any 
                        provision of this Act relating to times for 
                        filing reports, each candidate for Federal 
                        office (or that candidate's authorized 
                        committee) shall use software that meets the 
                        standards promulgated under this paragraph once 
                        such software is made available to such 
                        candidate.
                            (D) Required posting.--The Commission shall, 
                        as soon as practicable, post on the Internet any 
                        information received under this paragraph.
            (b) Contents of reports
                Each report under this section shall disclose--
                            (1) the amount of cash on hand at the 
                        beginning of the reporting period;
                            (2) for the reporting period and the 
                        calendar year (or election cycle, in the case of 
                        an authorized committee of a candidate for 
                        Federal office), the total amount of all 
                        receipts, and the total amount of all receipts 
                        in the following categories:

                                (A) contributions from persons other 
                            than political committees;

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

                                (C) contributions from political party 
                            committees;

                                (D) contributions from other political 
                            committees;

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

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

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

                                (H) all other loans;

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

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

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

                            (3) the identification of each--

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

[[Page 443]]

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

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

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

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

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

                            (4) for the reporting period and the 
                        calendar year (or election cycle, in the case of 
                        an authorized committee of candidate for Federal 
                        office), the total amount of all disbursements, 
                        and all disbursements in the following 
                        categories:

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

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

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

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

                                (E) repayment of all other loans;

                                (F) contribution refunds and other 
                            offsets to contributions;

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

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

                                        (i) contributions made to other 
                                    political committees;

                                        (ii) loans made by the reporting 
                                    committees;

                                        (iii) independent expenditures;

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

                                        (v) any other disbursements; and

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

                            (5) the name and address of each--

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

[[Page 444]]

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

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

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

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

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

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

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

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

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

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

[[Page 445]]

                            a candidate for Federal office) from the 
                            reporting committee within the reporting 
                            period, together with the date, amount, and 
                            purpose of any such disbursement;

                            (7) the total sum of all contributions to 
                        such political committee, together with the 
                        total contributions less offsets to 
                        contributions and the total sum of all operating 
                        expenditures made by such political committee, 
                        together with total operating expenditures less 
                        offsets to operating expenditures, for both the 
                        reporting period and the calendar year (or 
                        election cycle, in the case of an authorized 
                        committee of a candidate for Federal office); 
                        and
                            (8) the amount and nature of outstanding 
                        debts and obligations owed by or to such 
                        political committee; and where such debts and 
                        obligations are settled for less than their 
                        reported amount or value, a statement as to the 
                        circumstances and conditions under which such 
                        debts or obligations were extinguished and the 
                        consideration therefor.
            (c) Statements by other than political committees; filing; 
                contents; indices of expenditures
                (1) Every person (other than a political committee) who 
            makes independent expenditures in an aggregate amount or 
            value in excess of $250 during a calendar year shall file a 
            statement containing the information required under 
            subsection (b)(3)(A) of this section for all contributions 
            received by such person.
                (2) Statements required to be filed by this subsection 
            shall be filed in accordance with subsection (a)(2) of this 
            section, and shall include--
                            (A) the information required by subsection 
                        (b)(6)(B)(iii) of this section, indicating 
                        whether the independent expenditure is in 
                        support of, or in opposition to, the candidate 
                        involved;
                            (B) under penalty of perjury, a 
                        certification whether or not such independent 
                        expenditure is made in cooperation, 
                        consultation, or concert, with, or at the 
                        request or suggestion of, any candidate or any 
                        authorized committee or agent of such candidate; 
                        and
                            (C) the identification of each person who 
                        made a contribution in excess of $200 to the 
                        person filing such statement which was made for 
                        the purpose of furthering an independent 
                        expenditure.
                (3) The Commission shall be responsible for 
            expeditiously preparing indices which set forth, on a 
            candidate-by-candidate basis, all independent expenditures 
            separately, including those reported under subsection 
            (b)(6)(B)(iii) of this section, made by or for each 
            candidate, as reported under this subsection, and for 
            periodically publishing such indices on a timely pre-
            election basis.
            (d) Filing by facsimile device or electronic mail
                (1) Any person who is required to file a statement under 
            subsection (c) or (g) of this section, except statements 
            required to be filed electronically pursuant to subsection 
            (a)(11)(A)(i) may file the statement by facsimile device or 
            electronic mail, in accordance with such regulations as the 
            Commission may promulgate.
                (2) The Commission shall make a document which is filed 
            electronically with the Commission pursuant to this 
            paragraph accessible to the public on the Internet not later 
            than 24 hours after the document is received by the 
            Commission.

[[Page 446]]

                (3) In promulgating a regulation under this paragraph, 
            the Commission shall provide methods (other than requiring a 
            signature on the document being filed) for verifying the 
            documents covered by the regulation. Any document verified 
            under any of the methods shall be treated for all purposes 
            (including penalties for perjury) in the same manner as a 
            document verified by signature.
            (e) Political committees
                (1) National and congressional political committees.--
            The national committee of a political party, any national 
            congressional campaign committee of a political party, and 
            any subordinate committee of either, shall report all 
            receipts and disbursements during the reporting period.
                (2) Other political committees to which section 441i 
            applies--
                            (A) In general.--In addition to any other 
                        reporting requirements applicable under this 
                        Act, a political committee (not described in 
                        paragraph (1)) to which section 441i(b)(1) 
                        applies shall report all receipts and 
                        disbursements made for activities described in 
                        section 431(20)(A), unless the aggregate amount 
                        of such receipts and disbursements during the 
                        calendar year is less than $5,000.
                            (B) Specific disclosure by State and local 
                        parties of certain non-Federal amounts permitted 
                        to be spent on Federal election activity.--Each 
                        report by a political committee under 
                        subparagraph (A) of receipts and disbursements 
                        made for activities described in section 
                        431(20)(A) shall include a disclosure of all 
                        receipts and disbursements described in section 
                        441i(b)(2)(A) and (B).
                (3) Itemization.--If a political committee has receipts 
            or disbursements to which this subsection applies from or to 
            any person aggregating in excess of $200 for any calendar 
            year, the political committee shall separately itemize its 
            reporting for such person in the same manner as required in 
            paragraphs (3)(A), (5), and (6) of subsection (b).
                (4) Reporting periods.--Reports required to be filed 
            under this subsection shall be filed for the same time 
            periods required for political committees under subsection 
            (a)(4)(B).
            (f) Disclosure of electioneering communications
                (1) Statement required.--Every person who makes a 
            disbursement for the direct costs of producing and airing 
            electioneering communications in an aggregate amount in 
            excess of $10,000 during any calendar year shall, within 24 
            hours of each disclosure date, file with the Commission a 
            statement containing the information described in paragraph 
            (2).
                (2) Contents of statement.--Each statement required to 
            be filed under this subsection shall be made under penalty 
            of perjury and shall contain the following information:
                            (A) The identification of the person making 
                        the disbursement, of any person sharing or 
                        exercising direction or control over the 
                        activities of such person, and the custodian of 
                        the books and accounts of the person making the 
                        disbursement.
                            (B) The principal place of business of the 
                        person making the disbursement, not an 
                        individual.
                            (C) The amount of each disbursement of more 
                        than $200 during the period covered by the 
                        statement and the identification of the person 
                        to whom the disbursement was made.

[[Page 447]]

                            (D) The elections to which the 
                        electioneering communications pertain and the 
                        names (if known) of the candidates identified or 
                        to be identified.
                            (E) If the disbursements were paid out of a 
                        segregated bank account which consists of funds 
                        contributed solely by individuals who are United 
                        States citizens or nationals or lawfully 
                        admitted for permanent residence (as defined in 
                        section 101(a)(20) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(20)) directly 
                        to this account for electioneering 
                        communications, the names and addresses of all 
                        contributors who contributed an aggregate amount 
                        of $1,000 or more to that account during the 
                        period beginning on the first day of the 
                        preceding calendar year and ending on the 
                        disclosure date. Nothing in this subparagraph is 
                        to be construed as a prohibition on the use of 
                        funds in such a segregated account for a purpose 
                        other than electioneering communications.
                            (F) If the disbursements were paid out of 
                        funds not described in subparagraph (E), the 
                        names and addresses of all contributors who 
                        contributed an aggregate amount of $1,000 or 
                        more to the person making the disbursement 
                        during the period beginning on the first day of 
                        the preceding calendar year and ending on the 
                        disclosure date.
                (3) Electioneering communication.--For purposes of this 
            subsection--
                            (A) In general.--(i) The term 
                        ``electioneering communication'' means any 
                        broadcast, cable, or satellite communication 
                        which--

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

                                (II) is made within--

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

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

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

                            (ii) If clause (i) is held to be 
                        constitutionally insufficient by final judicial 
                        decision to support the regulation provided 
                        herein, then the term ``electioneering 
                        communication'' means any broadcast, cable, or 
                        satellite communication which promotes or 
                        supports a candidate for that office, or attacks 
                        or opposes a candidate for that office 
                        (regardless of whether the communication 
                        expressly advocates a vote for or against a 
                        candidate) and which also is suggestive of no 
                        plausible meaning other than an exhortation to 
                        vote for or against a specific candidate. 
                        Nothing in this subparagraph shall be construed 
                        to affect the interpretation or application of 
                        section 100.22(b) of title 11, Code of Federal 
                        Regulations.
                            (B) Exceptions.--The term ``electioneering 
                        communication'' does not include--
                            (i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station, unless such facilities are owned or 
                        controlled by any political party, political 
                        committee, or candidate;

[[Page 448]]

                            (ii) a communication which constitutes an 
                        expenditure or an independent expenditure under 
                        this Act;
                            (iii) a communication which constitutes a 
                        candidate debate or forum conducted pursuant to 
                        regulations adopted by the Commission, or which 
                        solely promotes such a debate or forum and is 
                        made by or on behalf of the person sponsoring 
                        the debate or forum; or
                            (iv) any other communication exempted under 
                        such regulations as the Commission may 
                        promulgate (consistent with the requirements of 
                        this paragraph) to ensure the appropriate 
                        implementation of this paragraph, except that 
                        under any such regulation a communication may 
                        not be exempted if it meets the requirements of 
                        this paragraph and is described in section 
                        431(20)(A)(iii).
                            (C) Targeting to relevant electorate.--For 
                        purposes of this paragraph, a communication 
                        which refers to a clearly identified candidate 
                        for Federal office is ``targeted to the relevant 
                        electorate'' if the communication can be 
                        received by 50,000 or more persons--
                            (i) in the district the candidate seeks to 
                        represent, in the case of a candidate for 
                        Representative in, or Delegate or Resident 
                        Commissioner to, the Congress; or
                            (ii) in the State the candidate seeks to 
                        represent, in the case of a candidate for 
                        Senator.
                (4) Disclosure date.--For purposes of this subsection, 
            the term ``disclosure date'' means--
                            (A) the first date during any calendar year 
                        by which a person has made disbursements for the 
                        direct costs of producing or airing 
                        electioneering communications aggregating in 
                        excess of $10,000; and
                            (B) any other date during such calendar year 
                        by which a person has made disbursements for the 
                        direct costs of producing or airing 
                        electioneering communications aggregating in 
                        excess of $10,000 since the most recent 
                        disclosure date for such calendar year.
                (5) Contracts to disburse.--For purposes of this 
            subsection, a person shall be treated as having made a 
            disbursement if the person has executed a contract to make 
            the disbursement.
                (6) Coordination with other requirements.--Any 
            requirement to report under this subsection shall be in 
            addition to any other reporting requirement under this Act.
                (7) Coordination with Internal Revenue Code.--Nothing in 
            this subsection may be construed to establish, modify, or 
            otherwise affect the definition of political activities or 
            electioneering activities (including the definition of 
            participating in, intervening in, or influencing or 
            attempting to influence a political campaign on behalf of or 
            in opposition to any candidate for public office) for 
            purposes of the Internal Revenue Code of 1986.
            (g) Time for reporting certain expenditures
                (1) Expenditures aggregating $1,000--
                            (A) Initial report.--A person (including a 
                        political committee) that makes or contracts to 
                        make independent expenditures aggregating $1,000 
                        or more after the 20th day, but more than 24 
                        hours, before the date of an election shall file 
                        a report describing the expenditures within 24 
                        hours.
                            (B) Additional reports.--After a person 
                        files a report under subparagraph (A), the 
                        person shall file an additional report within 24 
                        hours after each time the person makes or 
                        contracts to make

[[Page 449]]

                        independent expenditures aggregating an 
                        additional $1,000 with respect to the same 
                        election as that to which the initial report 
                        relates.
                (2) Expenditures aggregating $10,000--
                            (A) Initial report.--A person (including a 
                        political committee) that makes or contracts to 
                        make independent expenditures aggregating 
                        $10,000 or more at any time up to and including 
                        the 20th day before the date of an election 
                        shall file a report describing the expenditures 
                        within 48 hours.
                            (B) Additional reports.--After a person 
                        files a report under subparagraph (A), the 
                        person shall file an additional report within 48 
                        hours after each time the person makes or 
                        contracts to make independent expenditures 
                        aggregating an additional $10,000 with respect 
                        to the same election as that to which the 
                        initial report relates.
                (3) Place of filing; Contents.--A report under this 
            subsection--
                            (A) shall be filed with the Commission; and
                            (B) shall contain the information required 
                        by subsection (b)(6)(B)(iii), including the name 
                        of each candidate whom an expenditure is 
                        intended to support or oppose.
            (h) Reports from Inaugural committees
                The Federal Election Commission shall make any report 
            filed by an Inaugural committee under section 510 of Title 
            36, accessible to the public at the offices of the 
            Commission and on the Internet not later than 48 hours after 
            the report is received by the Commission.
            (i) Disclosure of bundled contributions
                (1) Required disclosure
                            Each committee described in paragraph (6) 
                        shall include in the first report required to be 
                        filed under this section after each covered 
                        period (as defined in paragraph (2)) a separate 
                        schedule setting forth the name, address, and 
                        employer of each person reasonably known by the 
                        committee to be a person described in paragraph 
                        (7) who provided 2 or more bundled contributions 
                        to the committee in an aggregate amount greater 
                        than the applicable threshold (as defined in 
                        paragraph (3)) during the covered period, and 
                        the aggregate amount of the bundled 
                        contributions provided by each such person 
                        during the covered period.
                (2) Covered period
                            In this subsection, a ``covered period'' 
                        means, with respect to a committee--

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

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

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

                (3) Applicable threshold
                            (A) In general

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

[[Page 450]]

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

                            (B) Indexing

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

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

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

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

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

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

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

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

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

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

[[Page 451]]

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

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

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

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

                                (A) Bundled contribution

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

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

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

                                (B) Leadership PAC

                                        The term ``leadership PAC'' 
                                    means, with respect to a candidate 
                                    for election to Federal office or an 
                                    individual holding Federal office, a 
                                    political committee that is directly 
                                    or indirectly established, financed, 
                                    maintained or controlled by the 
                                    candidate or the individual but 
                                    which is not an authorized committee 
                                    of the candidate or individual and 
                                    which is not affiliated with an 
                                    authorized committee of the 
                                    candidate or individual, except that 
                                    such term does not include a 
                                    political committee of a political 
                                    party. (Pub.L. 92-225, Title III, 
                                    Sec. 304, Feb. 7, 1972, 86 Stat. 14; 
                                    Pub.L. 93-443, Title II, 
                                    Sec. Sec. 204(a)-(d), 208(c)(4), 
                                    Oct. 15, 1974, 88 Stat. 1276-1278, 
                                    1286; Pub.L. 94-283, Title I, 
                                    Sec. 104, May 11, 1976, 90 Stat. 
                                    480; Pub.L. 96-187, Title I, 
                                    Sec. 104, Jan. 8, 1980, 93 Stat. 
                                    1348; Pub.L. 99-514, Sec. 2, Oct. 
                                    22, 1986, 100 Stat. 2095; Pub.L. 
                                    104-79, Sec. Sec. 1(a), 3(b), Dec. 
                                    28, 1995, 109 Stat. 791, 792; Pub.L. 
                                    106-58, Title VI, Sec. Sec. 639(a), 
                                    641(a), Sept. 29, 1999, 113 Stat. 
                                    476, 477; Pub.L. 106-346, 
                                    Sec. 101(a) [Title V, Sec. 502(a), 
                                    (c)], Oct. 23, 2000, 114 Stat. 1356, 
                                    1356A-49; Pub.L. 107-155, 
                                    Sec. Sec. 501, 503, Mar. 27, 2002, 
                                    116 Stat. 87; Pub.L. 108-199, Div. 
                                    F, Title VI, Sec. 641, Jan. 23, 
                                    2004, 118 Stat. 359; Pub.L. 110-81, 
                                    Title II, Sec. 204(a), Sept. 14, 
                                    2007, 121 Stat. 744.)

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

  

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

[[Page 452]]

                            (1) represents a State, or a political 
                        subdivision thereof, or any group of persons, in 
                        dealing with officials of a national political 
                        party with respect to matters involving a 
                        convention held in such State or political 
                        subdivision to nominate a candidate for the 
                        office of President or Vice President, or
                            (2) represents a national political party in 
                        making arrangements for the convention of such 
                        party held to nominate a candidate for the 
                        office of President or Vice President,

            shall, within 60 days following the end of the convention 
            (but not later than 20 days prior to the date on which 
            presidential and vice presidential electors are chosen), 
            file with the Commission a full and complete financial 
            statement, in such form and detail as it may prescribe, of 
            the sources from which it derived its funds, and the 
            purposes for which such funds were expended. (Pub.L. 92-225, 
            Sec. 305, formerly Sec. 307, Feb. 7, 1972, 86 Stat. 16; 
            Pub.L. 93-443, Sec. 208(c)(6), Oct. 15, 1974, 88 Stat. 1286; 
            Pub.L. 96-187, Title I, Sec. Sec. 105(2), 112a, Jan. 8, 
            1980, 93 Stat. 1354, 1366.)

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

  

            Sec. 437c. Federal Election Commission.
            (a) Establishment; membership; term of office; vacancies; 
                qualifications; compensation; chairman and vice chairman
                (1) There is established a commission to be known as the 
            Federal Election Commission. The Commission is composed of 
            the Secretary of the Senate and the Clerk of the House of 
            Representatives or their designees, ex officio and without 
            the right to vote, and 6 members appointed by the President, 
            by and with the advice and consent of the Senate. No more 
            than 3 members of the Commission appointed under this 
            paragraph may be affiliated with the same political party.
                (2)(A) Members of the Commission shall serve for a 
            single term of 6 years, except that of the members first 
            appointed--
                            (i) two of the members, not affiliated with 
                        the same political party, shall be appointed for 
                        terms ending on April 30, 1977;
                            (ii) two of the members, not affiliated with 
                        the same political party, shall be appointed for 
                        terms ending on April 30, 1979; and
                            (iii) two of the members, not affiliated 
                        with the same political party, shall be 
                        appointed for terms ending on April 30, 1981.
                (B) A member of the Commission may serve on the 
            Commission after the expiration of his or her term until his 
            or her successor has taken office as a member of the 
            Commission.
                (C) An individual appointed to fill a vacancy occurring 
            other than by the expiration of a term of office shall be 
            appointed only for the unexpired term of the member he or 
            she succeeds.
                (D) Any vacancy occurring in the membership of the 
            Commission shall be filled in the same manner as in the case 
            of the original appointment.
                (3) Members shall be chosen on the basis of their 
            experience, integrity, impartiality, and good judgment and 
            members (other than the Secretary of the Senate and the 
            Clerk of the House of Representatives) shall be individuals 
            who, at the time appointed to the Commission, are not

[[Page 453]]

            elected or appointed officers or employees in the executive, 
            legislative, or judicial branch of the Federal Government. 
            Such members of the Commission shall not engage in any other 
            business, vocation, or employment. Any individual who is 
            engaging in any other business, vocation, or employment at 
            the time of his or her appointment to the Commission shall 
            terminate or liquidate such activity no later than 90 days 
            after such appointment.
                (4) Members of the Commission (other than the Secretary 
            of the Senate and the Clerk of the House of Representatives) 
            shall receive compensation equivalent to the compensation 
            paid at level IV of the Executive Schedule (section 5315 of 
            Title 5).
                (5) The Commission shall elect a chairman and a vice 
            chairman from among its members (other than the Secretary of 
            the Senate and the Clerk of the House of Representatives) 
            for a term of one year. A member may serve as chairman only 
            once during any term of office to which such member is 
            appointed. The chairman and the vice chairman shall not be 
            affiliated with the same political party. The vice chairman 
            shall act as chairman in the absence or disability of the 
            chairman or in the event of a vacancy in such office.
            (b) Administration, enforcement, and formulation of policy; 
                exclusive jurisdiction of civil enforcement; 
                Congressional authorities or functions with respect to 
                elections for Federal office
                (1) The Commission shall administer, seek to obtain 
            compliance with, and formulate policy with respect to, this 
            Act and chapter 95 and chapter 96 of Title 26. The 
            Commission shall have exclusive jurisdiction with respect to 
            this civil enforcement of such provisions.
                (2) Nothing in this Act shall be construed to limit, 
            restrict, or diminish any investigatory, informational, 
            oversight, supervisory, or disciplinary authority or 
            function of the Congress or any committee of the Congress 
            with respect to elections for Federal office.
            (c) Voting requirements; delegation of authorities
                All decisions of the Commission with respect to the 
            exercise of its duties and powers under the provisions of 
            this Act shall be made by a majority vote of the members of 
            the Commission. A member of the Commission may not delegate 
            to any person his or her vote or any decisionmaking 
            authority or duty vested in the Commission by the provisions 
            of this Act, except that the affirmative vote of 4 members 
            of the Commission shall be required in order for the 
            Commission to take any action in accordance with paragraph 
            (6), (7), (8), or (9) of section 437d(a) of this title or 
            with chapter 95 or chapter 96 of Title 26.
            (d) Meetings
                The Commission shall meet at least once each month and 
            also at the call of any member.
            (e) Rules for conduct of activities; judicial notice of 
                seal; 
                principal office
                The Commission shall prepare written rules for the 
            conduct of its activities, shall have an official seal which 
            shall be judicially noticed, and shall have its principal 
            office in or near the District of Columbia

[[Page 454]]

            (but it may meet or exercise any of its powers anywhere in 
            the United States).
            (f) Staff director and general counsel; appointment and 
                compensation; appointment and compensation of personnel 
                and procurement of intermittent services by staff 
                director; use of assistance, personnel, and facilities 
                of Federal agencies and departments; counsel for defense 
                of actions
                (1) The Commission shall have a staff director and a 
            general counsel who shall be appointed by the Commission. 
            The staff director shall be paid at a rate not to exceed the 
            rate of basic pay in effect for level IV of the Executive 
            Schedule (5 U.S.C. 5315). The general counsel shall be paid 
            at a rate not to exceed the rate of basic pay in effect for 
            level V of the Executive Schedule (5 U.S.C. 5316). With the 
            approval of the Commission, the staff director may appoint 
            and fix the pay of such additional personnel as he or she 
            considers desirable without regard to the provisions of 
            Title 5 governing appointments in the competitive service.
                (2) With the approval of the Commission, the staff 
            director may procure temporary and intermittent services to 
            the same extent as is authorized by section 3109(b) of Title 
            5, but at rates for individuals not to exceed the daily 
            equivalent of the annual rate of basic pay in effect for 
            grade GS-15 of the General Schedule (5 U.S.C. 5332).
                (3) In carrying out its responsibilities under this Act, 
            the Commission shall, to the fullest extent practicable, 
            avail itself of the assistance, including personnel and 
            facilities of other agencies and departments of the United 
            States. The heads of such agencies and departments may make 
            available to the Commission such personnel, facilities, and 
            other assistance, with or without reimbursement, as the 
            Commission may request.
                (4) Notwithstanding the provisions of paragraph (2) the 
            Commission is authorized to appear in and defend against any 
            action instituted under this Act, either (A) by attorneys 
            employed in office, or (B) by counsel whom it may appoint, 
            on a temporary basis as may be necessary for such purpose, 
            without regard to the provisions of Title 5, governing 
            appointments in the competitive service, and whose 
            compensation it may fix without regard to the provisions of 
            chapter 51 and subchapter III of chapter 53 of such title. 
            The compensation of counsel so appointed on a temporary 
            basis shall be paid out of any funds otherwise available to 
            pay the compensation of employees of the Commission. (Pub.L. 
            92-225, Title III, Sec. 306, formerly Sec. 310, as added 
            Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88 
            Stat. 1280, renumbered Sec. 309, and amended Pub.L. 94-283, 
            Title I, Sec. Sec. 101(a)-(d), 105, May 11, 1976, 90 Stat. 
            475, 476, 481, renumbered Sec. 306 and amended Pub.L. 96-
            187, Title I, Sec. Sec. 105(3), (6), 112(b), Jan. 8, 1980, 
            93 Stat. 1354, 1366; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 
            100 Stat. 2095; Pub.L. 105-61, Title V, Sec. 512(a), Oct. 
            10, 1997, 111 Stat. 1305.)
       596  Sec. 437d. Powers of Commission.
            (a) Specific authorities
                The Commission has the power--

[[Page 455]]

                            (1) to require by special or general orders, 
                        any person to submit, under oath, such written 
                        reports and answers to questions as the 
                        Commission may prescribe;
                            (2) to administer oaths or affirmations;
                            (3) to require by subpoena, signed by the 
                        chairman or the vice chairman, the attendance 
                        and testimony of witnesses and the production of 
                        all documentary evidence relating to the 
                        execution of its duties;
                            (4) in any proceeding or investigation, to 
                        order testimony to be taken by deposition before 
                        any person who is designated by the Commission 
                        and has the power to administer oaths and, in 
                        such instances, to compel testimony and the 
                        production of evidence in the same manner as 
                        authorized under paragraph (3);
                            (5) to pay witnesses the same fees and 
                        mileages as are paid in like circumstances in 
                        the courts of the United States;
                            (6) to initiate (through civil actions for 
                        injunctive, declaratory, or other appropriate 
                        relief), defend (in the case of any civil action 
                        brought under section 437g(a)(8) of this title) 
                        or appeal any civil action in the name of the 
                        Commission to enforce the provisions of this Act 
                        and chapter 95 and chapter 96 of Title 26, 
                        through its general counsel;
                            (7) to render advisory opinions under 
                        section 437f of this title;
                            (8) to develop such prescribed forms and to 
                        make, amend, and repeal such rules, pursuant to 
                        the provisions of chapter 5 of Title 5, as are 
                        necessary to carry out the provisions of this 
                        Act and chapter 95 and chapter 96 of Title 26; 
                        and
                            (9) to conduct investigations and hearings 
                        expeditiously, to encourage voluntary 
                        compliance, and to report apparent violations to 
                        the appropriate law enforcement authorities.
            (b) Judicial orders for compliance with subpoenas and orders 
                of Commission; contempt of court
                Upon petition by the Commission, any United States 
            district court within the jurisdiction of which any inquiry 
            is being carried on may, in case of refusal to obey a 
            subpoena or order of the Commission issued under subsection 
            (a) of this section, issue an order requiring compliance. 
            Any failure to obey the order of the court may be punished 
            by the court as a contempt thereof.
            (c) Civil liability for disclosure of information
                No person shall be subject to civil liability to any 
            person (other than the Commission or the United States) for 
            disclosing information at the request of the Commission.
            (d) Concurrent transmissions to Congress or Member of budget 
                estimates, etc.; prior submission of legislative 
                recommendations, testimony, or comments on legislation
                (1) Whenever the Commission submits any budget estimate 
            or request to the President or the Office of Management and 
            Budget, it shall concurrently transmit a copy of such 
            estimate or request to the Congress.
                (2) Whenever the Commission submits any legislative 
            recommendation, or testimony, or comments on legislation, 
            requested by the Congress, or by any Member of the Congress, 
            to the President or the Office of Management and Budget, it 
            shall concurrently transmit a copy thereof

[[Page 456]]

            to the Congress or to the Member requesting the same. No 
            officer or agency of the United States shall have any 
            authority to require the Commission to submit its 
            legislative recommendations, testimony, or comments on 
            legislation, to any office or agency of the United States 
            for approval, comments, or review, prior to the submission 
            of such recommendations, testimony, or comments to the 
            Congress.
            (e) Exclusive civil remedy for enforcement
                Except as provided in section 437g(a)(8) of this title, 
            the power of the Commission to initiate civil actions under 
            subsection (a)(6) of this section shall be the exclusive 
            civil remedy for the enforcement of the provisions of this 
            Act. (Pub.L. 92-225, Title III, Sec. 307, formerly Sec. 311, 
            as added Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 
            1974, 88 Stat. 1282, renumbered Sec. 310 and amended Pub.L. 
            94-283, Title I, Sec. Sec. 105, 107, 115(b), May 11, 1976, 
            90 Stat. 481, 495, renumbered Sec. 307 and amended Pub.L. 
            96-187, Title I, Sec. Sec. 105(3), 106, Jan. 8, 1980, 93 
            Stat. 1354, 1356; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 
            Stat. 2095.)
       597  Sec. 437e. Repealed (Pub.L. 96-187, Title I, Sec. 105(1), 
                Jan. 8, 1980, 93 Stat. 1354).
       598  Sec. 437f. Advisory opinions.
            (a) Requests by persons, candidates, or authorized 
                committees; subject matter, time for response
                (1) Not later than 60 days after the Commission receives 
            from a person a complete written request concerning the 
            application of this Act, chapter 95 or chapter 96 of Title 
            26, or a rule or regulation prescribed by the Commission, 
            with respect to a specific transaction or activity by the 
            person, the Commission shall render a written advisory 
            opinion relating to such transaction or activity to the 
            person.
                (2) If an advisory opinion is requested by a candidate, 
            or any authorized committee of such candidate, during the 
            60-day period before any election for Federal office 
            involving the requesting party, the Commission shall render 
            a written advisory opinion relating to such request no later 
            than 20 days after the Commission receives a complete 
            written request.
            (b) Procedures applicable to initial proposal of rules or 
                regulations, and advisory opinions
                Any rule of law which is not stated in this Act or in 
            chapter 95 or chapter 96 of Title 26 may be initially 
            proposed by the Commission only as a rule or regulation 
            pursuant to procedures established in section 438(d) of this 
            title. No opinion of an advisory nature may be issued by the 
            Commission or any of its employees except in accordance with 
            the provisions of this section.
            (c) Persons entitled to rely upon opinions; scope of 
                protection for good faith reliance
                (1) Any advisory opinion rendered by the Commission 
            under subsection (a) may be relied upon by--
                            (A) any person involved in the specific 
                        transaction or activity with respect to which 
                        such advisory opinion is rendered; and
                            (B) any person involved in any specific 
                        transaction or activity which is 
                        indistinguishable in all its material aspects 
                        from the trans

[[Page 457]]

                        action or activity with respect to which such 
                        advisory opinion is rendered.
                (2) Notwithstanding any other provisions of law, any 
            person who relies upon any provision or finding of an 
            advisory opinion in accordance with the provisions of 
            paragraph (1) and who acts in good faith in accordance with 
            the provisions and findings of such advisory opinion shall 
            not, as a result of any such act, be subject to any sanction 
            provided by this Act or by chapter 95 or chapter 96 of Title 
            26.
            (d) Requests made public; submission of written comments by 
                interested public
                The Commission shall make public any request made under 
            subsection (a) for an advisory opinion. Before rendering an 
            advisory opinion, the Commission shall accept written 
            comments submitted by any interested party within the 10-day 
            period following the date the request is made public. 
            (Pub.L. 92-225, Title III, Sec. 308, formerly Sec. 313, as 
            added Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 
            88 Stat. 1283, renumbered Sec. 312 and amended Pub.L. 94-
            283, Title I, Sec. Sec. 105, 108(a), May 11, 1976, 90 Stat. 
            481, 482, renumbered Sec. 308 and amended Pub.L. 96-187, 
            Title I, Sec. Sec. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 
            1354, 1357; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
            2095.)
       599  Sec. 437g. Enforcement.
            (a) Administrative and judicial practice and procedure
                (1) Any person who believes a violation of this Act or 
            of chapter 95 or chapter 96 of Title 26 has occurred, may 
            file a complaint with the Commission. Such complaint shall 
            be in writing, signed and sworn to by the person filing such 
            complaint, shall be notarized, and shall be made under 
            penalty of perjury and subject to the provisions of section 
            1001 of Title 18. Within 5 days after receipt of a 
            complaint, the Commission shall notify, in writing, any 
            person alleged in the complaint to have committed such a 
            violation. Before the Commission conducts any vote on the 
            complaint, other than a vote to dismiss, any person so 
            notified shall have the opportunity to demonstrate, in 
            writing, to the Commission within 15 days after notification 
            that no action should be taken against such person on the 
            basis of the complaint. The Commission may not conduct any 
            investigation or take any other action under this section 
            solely on the basis of a complaint of a person whose 
            identity is not disclosed to the Commission.
                (2) If the Commission, upon receiving a complaint under 
            paragraph (1) or on the basis of information ascertained in 
            the normal course of carrying out its supervisory 
            responsibilities, determines, by an affirmative vote of 4 of 
            its members, that it has reason to believe that a person has 
            committed, or is about to commit, a violation of this Act or 
            chapter 95 or chapter 96 of Title 26, the Commission shall, 
            through its chairman or vice chairman, notify the person of 
            the alleged violation. Such notification shall set forth the 
            factual basis for such alleged violation. The Commission 
            shall make an investigation of such alleged violation, which 
            may include a field investigation or audit, in accordance 
            with the provisions of this section.
                (3) The general counsel of the Commission shall notify 
            the respondent of any recommendation to the Commission by 
            the general counsel to proceed to a vote on probable cause 
            pursuant to paragraph (4)(A)(i). With such notification, the 
            general counsel shall include a brief stating

[[Page 458]]

            the position of the general counsel on the legal and factual 
            issues of the case. Within 15 days of receipt of such brief, 
            respondent may submit a brief stating the position of such 
            respondent on the legal and factual issues of the case, and 
            replying to the brief of general counsel. Such briefs shall 
            be filed with the Secretary of the Commission and shall be 
            considered by the Commission before proceeding under 
            paragraph (4).
                (4)(A)(i) Except as provided in clause (ii) and 
            subparagraph (C), if the Commission determines, by an 
            affirmative vote of 4 of its members, that there is probable 
            cause to believe that any person has committed, or is about 
            to commit, a violation of this Act or of chapter 95 or 
            chapter 96 of Title 26, the Commission shall attempt, for a 
            period of at least 30 days, to correct or prevent such 
            violation by informal methods of conference, conciliation, 
            and persuasion, and to enter into a conciliation agreement 
            with any person involved. Such attempt by the Commission to 
            correct or prevent such violation may continue for a period 
            of not more than 90 days. The Commission may not enter into 
            a conciliation agreement under this clause except pursuant 
            to an affirmative vote of 4 of its members. A conciliation 
            agreement, unless violated, is a complete bar to any further 
            action by the Commission, including the bringing of a civil 
            proceeding under paragraph (6)(A).
                (ii) If any determination of the Commission under clause 
            (i) occurs during the 45-day period immediately preceding 
            any election, then the Commission shall attempt, for a 
            period of at least 15 days, to correct or prevent the 
            violation involved by the methods specified in clause (i).
                (B)(i) No action by the Commission or any person, and no 
            information derived, in connection with any conciliation 
            attempt by the Commission under subparagraph (A) may be made 
            public by the Commission without the written consent of the 
            respondent and the Commission.
                (ii) If a conciliation agreement is agreed upon by the 
            Commission and the respondent, the Commission shall make 
            public any conciliation agreement signed by both the 
            Commission and the respondent. If the Commission makes a 
            determination that a person has not violated this Act or 
            chapter 95 or chapter 96 of Title 26, the Commission shall 
            make public such determination.
                (C)(i) Notwithstanding subparagraph (A), in the case of 
            a violation of any requirement of section 434(a) of this 
            title, the Commission may--
                            (I) find that a person committed such a 
                        violation on the basis of information obtained 
                        pursuant to the procedures described in 
                        paragraphs (1) and (2); and
                            (II) based on such finding, require the 
                        person to pay a civil money penalty in an amount 
                        determined under a schedule of penalties which 
                        is established and published by the Commission 
                        and which takes into account the amount of the 
                        violation involved, the existence of previous 
                        violations by the person, and such other factors 
                        as the Commission considers appropriate.
                (ii) The Commission may not make any determination 
            adverse to a person under clause (i) until the person has 
            been given written notice and an opportunity to be heard 
            before the Commission.
                (iii) Any person against whom an adverse determination 
            is made under this subparagraph may obtain a review of such 
            determination in the district court of the United States for 
            the district in which the person

[[Page 459]]

            resides, or transacts business, by filing in such court 
            (prior to the expiration of the 30-day period which begins 
            on the date the person receives notification of the 
            determination) a written petition requesting that the 
            determination be modified or set aside.
                (5)(A) If the Commission believes that a violation of 
            this Act or of chapter 95 or chapter 96 of Title 26 has been 
            committed, a conciliation agreement entered into by the 
            Commission under paragraph (4)(A) may include a requirement 
            that the person involved in such conciliation agreement 
            shall pay a civil penalty which does not exceed the greater 
            of $5,000 or an amount equal to any contribution or 
            expenditure involved in such violation.
                (B) If the Commission believes that a knowing and 
            willful violation of this Act or of chapter 95 or chapter 96 
            of Title 26 has been committed, a conciliation agreement 
            entered into by the Commission under paragraph (4)(A) may 
            require that the person involved in such conciliation 
            agreement shall pay a civil penalty which does not exceed 
            the greater of $10,000 or an amount equal to 200 percent of 
            any contribution or expenditure involved in such violation 
            (or, in the case of a violation of section 320, which is not 
            less than 300 percent of the amount involved in the 
            violation and is not more than the greater of $50,000 or 
            1,000 percent of the amount involved in the violation).
                (C) If the Commission by an affirmative vote of 4 of its 
            members, determines that there is probable cause to believe 
            that a knowing and willful violation of this Act which is 
            subject to subsection (d) of this section, or a knowing and 
            willful violation of chapter 95 or chapter 96 of Title 26, 
            has occurred or is about to occur, it may refer such 
            apparent violation to the Attorney General of the United 
            States without regard to any limitations set forth in 
            paragraph (4)(A).
                (D) In any case in which a person has entered into a 
            conciliation agreement with the Commission under paragraph 
            (4)(A), the Commission may institute a civil action for 
            relief under paragraph (6)(A) if it believes that the person 
            has violated any provision of such conciliation agreement. 
            For the Commission to obtain relief in any civil action, the 
            Commission need only establish that the person has violated, 
            in whole or in part, any requirement of such conciliation 
            agreement.
                (6)(A) If the Commission is unable to correct or prevent 
            any violation of this Act or of chapter 95 or chapter 96 of 
            Title 26, by the methods specified in paragraph (4), the 
            Commission may, upon an affirmative vote of 4 of its 
            members, institute a civil action for relief, including a 
            permanent or temporary injunction, restraining order, or any 
            other appropriate order (including an order for a civil 
            penalty which does not exceed the greater of $5,000 or an 
            amount equal to any contribution or expenditure involved in 
            such violation) in the district court of the United States 
            for the district in which the person against whom such 
            action is brought is found, resides, or transacts business.
                (B) In any civil action instituted by the Commission 
            under subparagraph (A), the court may grant a permanent or 
            temporary injunction, restraining order, or other order, 
            including a civil penalty which does not exceed the greater 
            of $5,000 or an amount equal to any contribution or 
            expenditure involved in such violation, upon a proper 
            showing that the person involved has committed, or is about 
            to commit (if the relief sought is a permanent or temporary 
            injunction or a restraining order), a violation of this Act 
            or chapter 95 or chapter 96 of Title 26.

[[Page 460]]

                (C) In any civil action for relief instituted by the 
            Commission under subparagraph (A), if the court determines 
            that the Commission has established that the person involved 
            in such civil action has committed a knowing and willful 
            violation of this Act or of chapter 95 or chapter 96 of 
            Title 26, the court may impose a civil penalty which does 
            not exceed the greater of $10,000 or an amount equal to 200 
            percent of any contribution or expenditure involved in such 
            violation (or, in the case of a violation of section 320, 
            which is not less than 300 percent of the amount involved in 
            the violation and is not more than the greater of $50,000 or 
            1,000 percent of the amount involved in the violation).
                (7) In any action brought under paragraph (5) or (6), 
            subpoenas for witnesses who are required to attend a United 
            States district court may run into any other district.
                (8)(A) Any party aggrieved by an order of the Commission 
            dismissing a complaint filed by such party under paragraph 
            (1), or by a failure of the Commission to act on such 
            complaint during the 120-day period beginning on the date 
            the complaint is filed, may file a petition with the United 
            States District Court for the District of Columbia.
                (B) Any petition under subparagraph (A) shall be filed, 
            in the case of a dismissal of a complaint by the Commission, 
            within 60 days after the date of the dismissal.
                (C) In any proceeding under this paragraph the court may 
            declare that the dismissal of the complaint or the failure 
            to act is contrary to law, and may direct the Commission to 
            conform with such declaration within 30 days, failing which 
            the complainant may bring, in the name of such complainant, 
            a civil action to remedy the violation involved in the 
            original complaint.
                (9) Any judgment of a district court under this 
            subsection may be appealed to the court of appeals, and the 
            judgment of the court of appeals affirming or setting aside, 
            in whole or in part, any such order of the district court 
            shall be final, subject to review by the Supreme Court of 
            the United States upon certiorari or certification as 
            provided in section 1254 of Title 28.
                (10) Repealed. (Pub.L. 98-620, Sec. 402(1)(A), Nov. 8, 
            1984, 98 Stat. 3357)
                (11) If the Commission determines after an investigation 
            that any person has violated an order of the court entered 
            in a proceeding brought under paragraph (6), it may petition 
            the court for an order to hold such person in civil 
            contempt, but if it believes the violation to be knowing and 
            willful it may petition the court for an order to hold such 
            person in criminal contempt.
                (12)(A) Any notification or investigation made under 
            this section shall not be made public by the Commission or 
            by any person without the written consent of the person 
            receiving such notification or the person with respect to 
            whom such investigation is made.
                (B) Any member or employee of the Commission, or any 
            other person, who violates the provisions of subparagraph 
            (A) shall be fined not more than $2,000. Any such member, 
            employee, or other person who knowingly and willfully 
            violates the provisions of subparagraph (A) shall be fined 
            not more than $5,000.

[[Page 461]]

            (b) Notice to persons not filing required reports prior to 
                institution of enforcement action; publication of 
                identity of persons and unfiled reports
                Before taking any action under subsection (a) against 
            any person who has failed to file a report required under 
            section 434(a)(2)(A)(iii) of this title for the calendar 
            quarter immediately preceding the election involved, or in 
            accordance with section 434(a)(2)(A)(i) of this title, the 
            Commission shall notify the person of such failure to file 
            the required reports. If a satisfactory response is not 
            received within 4 business days after the date of 
            notification, the Commission shall, pursuant to section 
            438(a)(7) of this title, publish before the election the 
            name of the person and the report or reports such person has 
            failed to file.
            (c) Reports by Attorney General of apparent violations
                Whenever the Commission refers an apparent violation to 
            the Attorney General, the Attorney General shall report to 
            the Commission any action taken by the Attorney General 
            regarding the apparent violation. Each report shall be 
            transmitted within 60 days after the date the Commission 
            refers an apparent violation, and every 30 days thereafter 
            until the final disposition of the apparent violation.
            (d) Penalties; defenses; mitigation of offenses
                (1)(A) Any person who knowingly and willfully commits a 
            violation of any provision of this Act which involves the 
            making, receiving, or reporting of any contribution, 
            donation, or expenditure--
                            (i) aggregating $25,000 or more during a 
                        calendar year shall be fined under Title 18, 
                        United States Code, or imprisoned for not more 
                        than 5 years, or both; or
                            (ii) aggregating $2,000 or more (but less 
                        than $25,000) during a calendar year shall be 
                        fined under such title, or imprisoned for not 
                        more than 1 year, or both.
                (B) In the case of a knowing and willful violation of 
            section 441b(b)(3) of this title, the penalties set forth in 
            this subsection shall apply to a violation involving an 
            amount aggregating $250 or more during a calendar year. Such 
            violation of section 441b(b)(3) of this title may 
            incorporate a violation of section 441c(b), 441f, or 441g of 
            this title.
                (C) In the case of a knowing and willful violation of 
            section 441h of this title, the penalties set forth in this 
            subsection shall apply without regard to whether the making, 
            receiving, or reporting of a contribution or expenditure of 
            $1,000 or more is involved.
                (2) In any criminal action brought for a violation of 
            any provision of this Act or of chapter 95 or of chapter 96 
            of Title 26, any defendant may evidence their lack of 
            knowledge or intent to commit the alleged violation by 
            introducing as evidence a conciliation agreement entered 
            into between the defendant and the Commission under 
            subsection (a)(4)(A) of this section which specifically 
            deals with the act or failure to act constituting such 
            violation and which is still in effect.
                (3) In any criminal action brought for a violation of 
            any provision of this Act or of chapter 95 or chapter 96 of 
            Title 26, the court before which such action is brought 
            shall take into account, in weighing the seriousness of the 
            violation and in considering the appropriateness of the 
            penalty to be imposed if the defendant is found guilty, 
            whether--
                            (A) the specific act or failure to act which 
                        constitutes the violation for which the action 
                        was brought is the subject of a conciliation

[[Page 462]]

                        agreement entered into between the defendant and 
                        the Commission under subparagraph (a)(4)(A);
                            (B) the conciliation agreement is in effect; 
                        and
                            (C) the defendant is, with respect to the 
                        violation involved, in compliance with the 
                        conciliation agreement.

            (Pub.L. 92-225, Title III, Sec. 309, formerly Sec. 314, as 
            added Pub.L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 
            88 Stat. 1284, renumbered Sec. 313 and amended Pub.L. 94-
            283, Title I, Sec. Sec. 105, 109, May 11, 1976, 90 Stat. 
            481, 483, renumbered Sec. 309 and amended Pub.L. 96-187, 
            Title I, Sec. Sec. 105(4), 108, Jan. 8, 1980, 93 Stat. 1354, 
            1358; Pub.L. 98-620, Title IV, Sec. 402(1)(A), Nov. 8, 1984, 
            98 Stat. 3357; Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 
            Stat. 2095; Pub.L. 106-58, Title VI, Sec. 640(a), (b), Sept. 
            29, 1999, 113 Stat. 476, 477; Pub.L. 107-155, Title III, 
            Sec. 312(a), Mar. 27, 2002, 116 Stat. 106.)

       600  Sec. 437h. Judicial review.
                The Commission, the national committee of any political 
            party, or any individual eligible to vote in any election 
            for the office of President may institute such actions in 
            the appropriate district court of the United States, 
            including actions for declaratory judgment, as may be 
            appropriate to construe the constitutionality of any 
            provision of this Act. The district court immediately shall 
            certify all questions of constitutionality of this Act to 
            the United States court of appeals for the circuit involved, 
            which shall hear the matter sitting en banc. (Pub.L. 92-225, 
            Title III, Sec. 310, formerly Sec. 315, as added Pub.L. 93-
            443, Title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1285; 
            renumbered Sec. 314 and amended Pub.L. 94-283, Title I, 
            Sec. Sec. 105, 115(e), May 11, 1976, 90 Stat. 481, 496; 
            renumbered Sec. 310 and amended Pub.L. 96-187, Title I, 
            Sec. Sec. 105(4), 112(c), Jan. 8, 1980, 93 Stat. 1354, 1366; 
            Pub.L. 98-620, Title IV, Sec. 402(1)(B), Nov. 8, 1984, 98 
            Stat. 3357; Pub.L. 100-352, Sec. 6(a), June 27, 1988, 102 
            Stat. 663.)
       601  Sec. 438. Administrative provisions.
            (a) Duties of Commission
                The Commission shall--
                            (1) prescribe forms necessary to implement 
                        this Act;
                            (2) prepare, publish, and furnish to all 
                        persons required to file reports and statements 
                        under this Act a manual recommending uniform 
                        methods of bookkeeping and reporting;
                            (3) develop a filing, coding, and cross-
                        indexing system consistent with the purposes of 
                        this Act;
                            (4) within 48 hours after the time of the 
                        receipt by the Commission of reports and 
                        statements filed with it, make them available 
                        for public inspection, and copying, at the 
                        expense of the person requesting such copying 
                        except that any information copied from such 
                        reports or statements may not be sold or used by 
                        any person for the purpose of soliciting 
                        contributions or for commercial purposes, other 
                        than using the name and address of any political 
                        committee to solicit contributions from such 
                        committee. A political committee may submit 10 
                        pseudonyms on each report filed in order to 
                        protect against the illegal use of names and 
                        addresses of contributors, provided such 
                        committee attaches a list of such pseudonyms to 
                        the appropriate report. The Secretary or the 
                        Commission shall exclude these lists from the 
                        public record;

[[Page 463]]

                            (5) keep such designations, reports, and 
                        statements for a period of 10 years from the 
                        date of receipt, except that designations, 
                        reports, and statements that relate solely to 
                        candidates for the House of Representatives 
                        shall be kept for 5 years from the date of their 
                        receipt;
                            (6)(A) compile and maintain a cumulative 
                        index of designations, reports, and statements 
                        filed under this Act, which index shall be 
                        published at regular intervals and made 
                        available for purchase directly or by mail;
                            (B) compile, maintain, and revise a separate 
                        cumulative index of reports and statements filed 
                        by multi-candidate committees, including in such 
                        index a list of multi-candidate committees; and
                            (C) compile and maintain a list of multi-
                        candidate committees, which shall be revised and 
                        made available monthly;
                            (7) prepare and publish periodically lists 
                        of authorized committees which fail to file 
                        reports as required by this Act;
                            (8) prescribe rules, regulations, and forms 
                        to carry out the provisions of this Act, in 
                        accordance with the provisions of subsection (d) 
                        of this section; and
                            (9) transmit to the President and to each 
                        House of the Congress no later than June 1 of 
                        each year, a report which states in detail the 
                        activities of the Commission in carrying out its 
                        duties under this Act, and any recommendations 
                        for any legislative or other action the 
                        Commission considers appropriate.
            (b) Audits and field investigations
                The Commission may conduct audits and field 
            investigations of any political committee required to file a 
            report under section 434 of this Title. All audits and field 
            investigations concerning the verification for, and receipt 
            and use of, any payments received by a candidate or 
            committee under chapter 95 or chapter 96 of Title 26 shall 
            be given priority. Prior to conducting any audit under this 
            subsection, the Commission shall perform an internal review 
            of reports filed by selected committees to determine if the 
            reports filed by a particular committee meet the threshold 
            requirements for substantial compliance with the Act. Such 
            thresholds for compliance shall be established by the 
            Commission. The Commission may, upon an affirmative vote of 
            4 of its members, conduct an audit and field investigation 
            of any committee which does meet the threshold requirements, 
            established by the Commission. Such audit shall be commenced 
            within 30 days of such vote, except that any audit of an 
            authorized committee of a candidate, under the provisions of 
            this subsection, shall be commenced within 6 months of the 
            election for which such committee is authorized.
            (c) Statutory provisions applicable to forms and 
                information-gathering activities
                Any forms prescribed by the Commission under subsection 
            (a)(1) of this section, and any information-gathering 
            activities of the Commission under this Act, shall not be 
            subject to the provisions of section 3512 of Title 44.

[[Page 464]]

            (d) Rules, regulations, or forms; issuance, procedures 
                applicable, etc.
                (1) Before prescribing any rule, regulation, or form 
            under this section or any other provision of this Act, the 
            Commission shall transmit a statement with respect to such 
            rule, regulation, or form to the Senate and the House of 
            Representatives, in accordance with this subsection. Such 
            statement shall set forth the proposed rule, regulation, or 
            form, and shall contain a detailed explanation and 
            justification of it.
                (2) If either House of the Congress does not disapprove 
            by resolution any proposed rule or regulation submitted by 
            the Commission under this section within 30 legislative days 
            after the date of the receipt of such proposed rule or 
            regulation or within 10 legislative days after the date of 
            receipt of such proposed form, the Commission may prescribe 
            such rule, regulation, or form.
                (3) For purposes of this subsection, the term 
            ``legislative day'' means, with respect to statements 
            transmitted to the Senate, any calendar day on which the 
            Senate is in session, and with respect to statements 
            transmitted to the House of Representatives, any calendar 
            day on which the House of Representatives is in session.
                (4) For purposes of this subsection, the terms ``rule'' 
            and ``regulation'' mean a provision or series of 
            interrelated provisions stating a single, separable rule of 
            law.
                (5)(A) A motion to discharge a committee of the Senate 
            from the consideration of a resolution relating to any such 
            rule, regulation, or form or a motion to proceed to the 
            consideration of such resolution, is highly privileged and 
            shall be decided without debate.
                (B) Whenever a committee of the House of Representatives 
            reports any resolution relating to any such form, rule or 
            regulation, it is at any time thereafter in order (even 
            though a previous motion to the same effect has been 
            disagreed to) to move to proceed to the consideration of the 
            resolution. The motion is highly privileged and is not 
            debatable. An amendment to the motion is not in order, and 
            it is not in order to move to reconsider the vote by which 
            the motion is agreed to or disagreed with.
            (e) Scope of protection for good faith reliance upon rules 
                or regulations
                Notwithstanding any other provision of law, any person 
            who relies upon any rule or regulation prescribed by the 
            Commission in accordance with the provisions of this section 
            and who acts in good faith in accordance with such rule or 
            regulation shall not, as a result of such act, be subject to 
            any sanction provided by this Act or by chapter 95 or 
            chapter 96 of Title 26.
            (f) Promulgation of rules, regulations, and forms by 
                Commission and Internal Revenue Service; report to 
                Congress on cooperative efforts
                In prescribing such rules, regulations, and forms under 
            this section, the Commission and the Internal Revenue 
            Service shall consult and work together to promulgate rules, 
            regulations, and forms which are mutually consistent. The 
            Commission shall report to the Congress annually on the 
            steps it has taken to comply with this subsection. (Pub.L. 
            92-225, Title III, Sec. 311, formerly Sec. 308, Feb. 7, 
            1972, 86 Stat. 16, renumbered Sec. 316 and amended Pub.L. 
            93-443, Title II, Sec. Sec. 208(a), (c) (7)-

[[Page 465]]

            (10), 209(a)(1), (b), Oct. 15, 1974, 88 Stat. 1279, 1286, 
            1287, renumbered Sec. 315 and amended Pub.L. 94-283, Title 
            I, Sec. Sec. 105, 110, May 11, 1976, 90 Stat. 481, 486, 
            renumbered Sec. 311 and amended Pub.L. 96-187, Title I, 
            Sec. Sec. 105(4), 109, Jan. 8, 1980, 93 Stat. 1354, 1362; 
            Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L. 
            104-79, Sec. 3(c), Dec. 28, 1995, 109 Stat. 792; Pub.L. 107-
            252, Sec. 801(b), Oct. 29, 2002, 116 Stat. 1726.)
       602  Sec. 439. Statements filed with State officers; 
                ``appropriate State'' defined; duties of State officers; 
                waiver of duplicate filing requirement for States with 
                electronic access.
            (a) Statements filed; ``appropriate State'' defined
                (1) A copy of each report and statement required to be 
            filed by any person under this Act shall be filed by such 
            person with the Secretary of State (or equivalent State 
            officer) of the appropriate State, or, if different, the 
            officer of such State who is charged by State law with 
            maintaining State election campaign reports. The chief 
            executive officer of such State shall designate any such 
            officer and notify the Commission of any such designation.
                (2) For purposes of this subsection, the term 
            ``appropriate State'' means--
                            (A) for statements and reports in connection 
                        with the campaign for nomination for election of 
                        a candidate to the office of President or Vice 
                        President, each State in which an expenditure is 
                        made on behalf of the candidate; and
                            (B) for statements and reports in connection 
                        with the campaign for nomination for election, 
                        or election, of a candidate to the office of 
                        Senator or Representative in, or Delegate or 
                        Resident Commissioner to, the Congress, the 
                        State in which the candidate seeks election; 
                        except that political committees other than 
                        authorized committees are only required to file, 
                        and Secretaries of State required to keep, that 
                        portion of the report applicable to candidates 
                        seeking election in that State.
            (b) Duties of State officers
                The Secretary of State (or equivalent State officer), or 
            the officer designated under subsection (a)(1) of this 
            section, shall--
                            (1) receive and maintain in an orderly 
                        manner all reports and statements required by 
                        this Act to be filed therewith;
                            (2) keep such reports and statements (either 
                        in original filed form or in facsimile copy by 
                        microfilm or otherwise) for 2 years after their 
                        date of receipt;
                            (3) make each report and statement filed 
                        therewith available as soon as practicable (but 
                        within 48 hours of receipt) for public 
                        inspection and copying during regular business 
                        hours, and permit copying of any such report or 
                        statement by hand or by duplicating machine at 
                        the request of any person, except that such 
                        copying shall be at the expense of the person 
                        making the request; and
                            (4) compile and maintain a current list of 
                        all reports and statements pertaining to each 
                        candidate.
            (c) Waiver; electronic access
                Subsections (a) and (b) of this section shall not apply 
            with respect to any State that, as determined by the 
            Commission, has a system that permits electronic access to, 
            and duplication of, reports and state

[[Page 466]]

            ments that are filed with the Commission. (Pub.L. 92-225, 
            Title III, Sec. 312, formerly Sec. 309, Feb. 7, 1972, 86 
            Stat. 18, renumbered Sec. 317 and amended Pub.L. 93-443, 
            Title II, Sec. 208(a), (c) (11), Oct. 15, 1974, 88 Stat. 
            1279, 1287, renumbered Sec. 316, Pub.L. 94-283, Title I, 
            Sec. 105, May 11, 1976, 90 Stat. 481, renumbered Sec. 312 
            and amended Pub.L. 96-187, Title I, Sec. Sec. 105(4), 110, 
            Jan. 8, 1980, 93 Stat. 1354, 1364; Pub.L. 104-79, Sec. 2, 
            Dec. 28, 1995, 109 Stat. 791.)
       603  Sec. 439a. Use of contributed amounts for certain purposes.
            (a) Permitted uses--
                A contribution accepted by a candidate, and any other 
            donation received by an individual as support for activities 
            of the individual as a holder of Federal office, may be used 
            by the candidate or individual--
                            (1) for otherwise authorized expenditures in 
                        connection with the campaign for Federal office 
                        of the candidate or individual;
                            (2) for ordinary and necessary expenses 
                        incurred in connection with duties of the 
                        individual as a holder of Federal office;
                            (3) for contributions to an organization 
                        described in section 170(c) of the Internal 
                        Revenue Code of 1986;
                            (4) for transfers, without limitation, to a 
                        national, State, or local committee of a 
                        political party;
                            (5) for donations to State and local 
                        candidates subject to the provisions of State 
                        law; or
                            (6) for any other lawful purpose unless 
                        prohibited by subsection (b) of this section.
            (b) Prohibited use
                (1) In general.--A contribution or donation described in 
            subsection (a) shall not be converted by any person to 
            personal use.
                (2) Conversion.--For the purposes of paragraph (1), a 
            contribution or donation shall be considered to be converted 
            to personal use if the contribution or amount is used to 
            fulfill any commitment, obligation, or expense of a person 
            that would exist irrespective of the candidate's election 
            campaign or individual's duties as a holder of Federal 
            office, including--
                            (A) a home mortgage, rent, or utility 
                        payment;
                            (B) a clothing purchase;
                            (C) a non-campaign-related automobile 
                        expense;
                            (D) a country club membership;
                            (E) a vacation or other non-campaign-related 
                        trip;
                            (F) a household food item;
                            (G) a tuition payment;
                            (H) admission to a sporting event, concert, 
                        theater, or other form of entertainment not 
                        associated with an election campaign; and
                            (I) dues, fees, and other payments to a 
                        health club or recreation facility.
            (c) Restrictions on use of campaign funds for flights on 
                noncommercial aircraft
                (1) In general
                            Notwithstanding any other provision of this 
                        Act, a candidate for election for Federal office 
                        (other than a candidate who is subject to 
                        paragraph (2)), or any authorized committee of 
                        such a candidate, may not make any expenditure 
                        for a flight on an aircraft unless--

[[Page 467]]

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

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

                            (B) Immediate family member defined

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

                (4) Leadership PAC defined
                            In this subsection, the term ``leadership 
                        PAC'' has the meaning given such term in section 
                        434(i)(8)(B) of this title. (Pub.L. 92-225, 
                        Title III, Sec. 313, formerly Sec. 318, as added 
                        Pub.L. 93-443, Title II, Sec. 210, Oct. 15, 
                        1974, 88 Stat. 1288, renumbered Sec. 317, Pub.L. 
                        94-283, Title I, Sec. 105, May 11, 1976, 90 
                        Stat. 481, renumbered Sec. 313 and amended 
                        Pub.L. 96-187, Title I, Sec. Sec. 105(4), 113, 
                        Jan. 8, 1980, 93 Stat. 1354, 1366; Pub.L. 99-
                        514, Sec. 2, Oct. 22, 1986, 100

[[Page 468]]

                        Stat. 2095; Pub.L. 101-194, Title V, 
                        Sec. 504(a), Nov. 30, 1989, 103 Stat. 1755; 
                        Pub.L. 107-155, Title III, Sec. 301, Mar. 27, 
                        2002, 116 Stat. 95; Pub.L. 108-447, Div. H, 
                        Title V, Sec. 532, Dec. 8, 2004, 118 Stat. 3272; 
                        Pub.L. 110-81, Title VI, Sec. 601(a), Sept. 14, 
                        2007, 121 Stat. 774.)
       604  Sec. 439b. Repealed (Pub.L. 96-187, Title I, Sec. 105(1), 
                Jan. 8, 1980, 93 Stat. 1354).
       605  Sec. 440. Repealed (Pub.L. 93-443, Title I, Sec. 101(f)(4), 
                Oct. 15, 1974, 88 Stat. 1268).
       606  Sec. 441. Repealed (Pub.L. 94-283, Title I, Sec. 112(1), 
                May. 11, 1976, 90 Stat. 486).
       607

  

            Sec. 441a. Limitations on contributions and expenditures.
            (a) Dollar limits on contributions
                (1) Except as provided in subsection (i) and section 
            315A, no person shall make contributions--
                            (A) to any candidate and his authorized 
                        political committees with respect to any 
                        election for Federal office which, in the 
                        aggregate, exceed $2,000;
                            (B) to the political committees established 
                        and maintained by a national political party, 
                        which are not the authorized political 
                        committees of any candidate, in any calendar 
                        year which, in the aggregate, exceed $25,000;
                            (C) to any other political committee (other 
                        than a committee described in subparagraph (D)) 
                        in any calendar year which, in the aggregate, 
                        exceed $5,000; or
                            (D) to a political committee established and 
                        maintained by a State committee of a political 
                        party in any calendar year which, in the 
                        aggregate, exceed $10,000.
                (2) No multicandidate political committee shall make 
            contributions--
                            (A) to any candidate and his authorized 
                        political committees with respect to any 
                        election for Federal office which, in the 
                        aggregate, exceed $5,000;
                            (B) to the political committees established 
                        and maintained by a national political party, 
                        which are not the authorized political 
                        committees of any candidate, in any calendar 
                        year, which, in the aggregate, exceed $15,000; 
                        or
                            (C) to any other political committee in any 
                        calendar year which, in the aggregate, exceed 
                        $5,000.
                (3) During the period which begins on January 1 of an 
            odd-numbered year and ends on December 31 of the next even-
            numbered year, no individual may make contributions 
            aggregating more than--
                            (A) $37,500, in the case of contributions to 
                        candidates and the authorized committees of 
                        candidates;
                            (B) $57,500, in the case of any other 
                        contributions, of which not more than $37,500 
                        may be attributable to contributions to 
                        political committees which are not political 
                        committees of national political parties.
                (4) The limitations on contributions contained in 
            paragraphs (1) and (2) do not apply to transfers between and 
            among political committees which are national, State, 
            district, or local committees (including any subordinate 
            committee thereof) of the same political party. For purposes

[[Page 469]]

            of paragraph (2), the term ``multicandidate political 
            committee'' means a political committee which has been 
            registered under section 433 for a period of not less than 6 
            months, which has received contributions from more than 50 
            persons, and, except for any State political party 
            organization, has made contributions to 5 or more candidates 
            for Federal office.
                (5) For purposes of the limitations provided by 
            paragraph (1) and paragraph (2), all contributions made by 
            political committees established or financed or maintained 
            or controlled by any corporation, labor organization, or any 
            other person, including any parent, subsidiary, branch, 
            division, department, or local unit of such corporation, 
            labor organization, or any other person, or by any group of 
            such persons, shall be considered to have been made by a 
            single political committee, except that (A) nothing in this 
            sentence shall limit transfers between political committees 
            of funds raised through joint fund raising efforts; (B) for 
            purposes of the limitations provided by paragraph (1) and 
            paragraph (2) all contributions made by a single political 
            committee established or financed or maintained or 
            controlled by a national committee of a political party and 
            by a single political committee established or financed or 
            maintained or controlled by the State committee of a 
            political party shall not be considered to have been made by 
            a single political committee; and (C) nothing in this 
            section shall limit the transfer of funds between the 
            principal campaign committee of a candidate seeking 
            nomination or election to a Federal office and the principal 
            campaign committee of that candidate for nomination or 
            election to another Federal office if (i) such transfer is 
            not made when the candidate is actively seeking nomination 
            or election to both such offices; (ii) the limitations 
            contained in this Act on contributions by persons are not 
            exceeded by such transfer; and (iii) the candidate has not 
            elected to receive any funds under chapter 95 or chapter 96 
            of Title 26. In any case in which a corporation and any of 
            its subsidiaries, branches, divisions, departments, or local 
            units, or a labor organization and any of its subsidiaries, 
            branches, divisions, departments, or local units establish 
            or finance or maintain or control more than one separate 
            segregated fund, all such separate segregated funds shall be 
            treated as a single separate segregated fund for purposes of 
            the limitations provided by paragraph (1) and paragraph (2).
                (6) The limitations on contributions to a candidate 
            imposed by paragraphs (1) and (2) of this subsection shall 
            apply separately with respect to each election, except that 
            all elections held in any calendar year for the office of 
            President of the United States (except a general election 
            for such office) shall be considered to be one election.
                (7) For purposes of this subsection--
                            (A) contributions to a named candidate made 
                        to any political committee authorized by such 
                        candidate to accept contributions on his behalf 
                        shall be considered to be contributions made to 
                        such candidate;
                            (B)(i) expenditures made by any person in 
                        cooperation, consultation, or concert, with, or 
                        at the request or suggestion of, a candidate, 
                        his authorized political committees, or their 
                        agents, shall be considered to be a contribution 
                        to such candidate;
                            (ii) expenditures made by any person (other 
                        than a candidate or candidate's authorized 
                        committee) in cooperation, consultation,

[[Page 470]]

                        or concert with, or at the request or suggestion 
                        of, a national, State, or local committee of a 
                        political party, shall be considered to be 
                        contributions made to such party committee; and
                            (iii) the financing by any person of the 
                        dissemination, distribution, of republication, 
                        in whole or in part, of any broadcast or any 
                        written, graphic, or other form of campaign 
                        materials prepared by the candidate, his 
                        campaign committees, or their authorized agents 
                        shall be considered to be an expenditure for 
                        purposes of this paragraph; and
                            (C) if--

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

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

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

[[Page 471]]

                        or on behalf of the candidate of such party for 
                        election to the office of President of the 
                        United States; and
                            (B) an expenditure is made on behalf of a 
                        candidate, including a vice presidential 
                        candidate, if it is made by--

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

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

            (c) Increases on limits based on increases in price index
                (1)(A) At the beginning of each calendar year 
            (commencing in 1976), as there become available necessary 
            data from the Bureau of Labor Statistics of the Department 
            of Labor, the Secretary of Labor shall certify to the 
            Commission and publish in the Federal Register the per-cent 
            difference between the price index for the 12 months 
            preceding the beginning of such calendar year and the price 
            index for the base period.
                (B) Except as provided in subparagraph (C), in any 
            calendar year after 2002--
                            (i) a limitation established by subsections 
                        (a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) 
                        shall be increased by the percent difference 
                        determined under subparagraph (A);
                            (ii) each amount so increased shall remain 
                        in effect for the calendar year; and
                            (iii) if any amount after adjustment under 
                        clause (i) is not a multiple of $100, such 
                        amount shall be rounded to the nearest multiple 
                        of $100.
                (C) In the case of limitations under subsections 
            (a)(1)(A), (a)(1)(B), (a), (3), and (h), increases shall 
            only be made in odd-numbered years and such increases shall 
            remain in effect for the 2-year period beginning on the 
            first day following the date of the last general election in 
            the year preceding the year in which the amount is increased 
            and ending on the date of the next general election.
                (2) For purposes of paragraph (1)--
                            (A) the term ``price index'' means the 
                        average over a calendar year of the Consumer 
                        Price Index (all items--United States city 
                        average) published monthly by the Bureau of 
                        Labor Statistics; and
                            (B) the term ``base period'' means--

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

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

            (d) Expenditures by national committee, State committee, or 
                subordinate committee of State committee in connection 
                with general election campaign of candidates for Federal 
                office
                (1) Notwithstanding any other provision of law with 
            respect to the limitations on expenditures or limitations on 
            contributions, the national committee of a political party 
            and a State committee of a political party, including any 
            subordinate committee of a State committee, may make 
            expenditures in connection with the general election 
            campaign of candidates for Federal office, subject to the 
            limitations contained in paragraphs (2), (3), and (4) of 
            this subsection.

[[Page 472]]

                (2) The national committee of a political party may not 
            make any expenditure in connection with the general election 
            campaign of any candidate for President of the United States 
            who is affiliated with such party which exceeds an amount 
            equal to 2 cents multiplied by the voting age population of 
            the United States (as certified under subsection (e) of this 
            section). Any expenditure under this paragraph shall be in 
            addition to any expenditure by a national committee of a 
            political party serving as the principal campaign committee 
            of a candidate for the office of President of the United 
            States.
                (3) The national committee of a political party, or a 
            State committee of a political party, including any 
            subordinate committee of a State committee, may not make any 
            expenditure in connection with the general election campaign 
            of a candidate for Federal office in a State who is 
            affiliated with such party which exceeds--
                            (A) in the case of a candidate for election 
                        to the office of Senator, or of Representative 
                        from a State which is entitled to only one 
                        Representative, the greater of--

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

                                (ii) $20,000; and

                            (B) in the case of a candidate for election 
                        to the office of Representative, Delegate, or 
                        Resident Commissioner in any other State, 
                        $10,000.
                (4) Independent versus coordinated expenditures by party
                            (A) In general.--On or after the date on 
                        which a political party nominates a candidate, 
                        no committee of the political party may make--

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

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

                            (B) Application.--For purposes of this 
                        paragraph, all political committees established 
                        and maintained by a national political party 
                        (including all congressional campaign 
                        committees) and all political committees 
                        established and maintained by a State political 
                        party (including any subordinate committee of a 
                        State committee) shall be considered to be a 
                        single political committee.
                            (C) Transfers.--A committee of a political 
                        party that makes coordinated expenditures under 
                        this subsection with respect to a candidate 
                        shall not, during an election cycle, transfer 
                        any funds to, assign authority to make 
                        coordinated expenditures under this subsection 
                        to, or receive a transfer of funds from, a 
                        committee of the political party that has made 
                        or intends to make an independent expenditure 
                        with respect to the candidate.
            (e) Certification and publication of estimated voting age 
                population
                During the first week of January 1975, and every 
            subsequent year, the Secretary of Commerce shall certify to 
            the Commission and publish

[[Page 473]]

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

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

                                        (I) $150,000; and

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

                                (ii) Voting age population.--In this 
                            subparagraph, the term ``voting age 
                            population'' means in the case of a 
                            candidate for the office of Senator, the 
                            voting age population of the State of the 
                            candidate (as certified under section 
                            315(e)).

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

[[Page 474]]

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

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

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

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

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

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

                            (iii) 10 times the threshold amount--

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

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

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

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

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

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

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

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

                                (II) the aggregate amount of 50 percent 
                            of gross receipts of the opposing 
                            candidate's authorized committee during any 
                            election cycle (not including contributions 
                            from personal funds of the candidate) that 
                            may be expended in connection with the

[[Page 475]]

                            election as determined on June 30 and 
                            December 31 of the year preceding the year 
                            in which a general election is held.

                (2) Time to accept contributions under increased limit--
                (A) In general.--Subject to subparagraph (B), a 
            candidate and the candidate's authorized committee shall not 
            accept any contribution, and a party committee shall not 
            make any expenditure, under the increased limit under 
            paragraph (1)--
                            (i) until the candidate has received 
                        notification of the opposition personal funds 
                        amount under section 434(a)(6)(B); and
                            (ii) to the extent that such contribution, 
                        when added to the aggregate amount of 
                        contributions previously accepted and party 
                        expenditures previously made under the increased 
                        limits under this subsection for the election 
                        cycle, exceeds 110 percent of the opposition 
                        personal funds amount.
                (B) Effect of withdrawal of an opposing candidate.--A 
            candidate and a candidate's authorized committee shall not 
            accept any contribution and a party shall not make any 
            expenditure under the increased limit after the date on 
            which an opposing candidate ceases to be a candidate to the 
            extent that the amount of such increased limit is 
            attributable to such an opposing candidate.
                (3) Disposal of excess contributions--
                            (A) In general.--The aggregate amount of 
                        contributions accepted by a candidate or a 
                        candidate's authorized committee under the 
                        increased limit under paragraph (1) and not 
                        otherwise expended in connection with the 
                        election with respect to which such 
                        contributions relate shall, not later than 50 
                        days after the date of such election, be used in 
                        the manner described in subparagraph (B).
                            (B) Return to contributors.--A candidate or 
                        a candidate's authorized committee shall return 
                        the excess contribution to the person who made 
                        the contribution.
            (j) Limitation on repayment of personal loans
                Any candidate who incurs personal loans made after the 
            effective date of the Bipartisan Campaign Reform Act of 2002 
            in connection with the candidate's campaign for election 
            shall not repay (directly or indirectly), to the extent such 
            loans exceed $250,000, such loans from any contributions 
            made to such candidate or any authorized committee of such 
            candidate after the date of such election. (Pub.L. 94-283, 
            Sec. 112(2), May 11, 1976, 90 Stat. 486; Pub.L. 96-187, 
            Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; Pub.L. 
            99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.L. 107-
            155, Mar. 27, 2002, 116 Stat. 81.)
       608  Sec. 441b. Contributions or expenditures by national banks, 
                corporations, or labor organizations.
                (a) It is unlawful for any national bank, or any 
            corporation organized by authority of any law of Congress, 
            to make a contribution or expenditure in connection with any 
            election to any political office, or in connection with any 
            primary election or political convention or caucus held to 
            select candidates for any political office, or for any 
            corporation whatever, or any labor organization, to make a 
            contribution or expenditure in connection with any election 
            at which presidential and vice presidential electors or a 
            Senator or Representative in, or a Delegate or Resident 
            Commissioner to, Congress are to be voted for, or in 
            connection with any primary election or political convention 
            or caucus held to select

[[Page 476]]

            candidates for any of the foregoing offices, or for any 
            candidate, political committee, or other person knowingly to 
            accept or receive any contribution prohibited by this 
            section, or any officer or any director of any corporation 
            or any national bank or any officer of any labor 
            organization to consent to any contribution or expenditure 
            by the corporation, national bank, or labor organization, as 
            the case may be, prohibited by this section.
                (b)(1) For the purposes of this section the term ``labor 
            organization'' means any organization of any kind, or any 
            agency or employee representation committee or plan, in 
            which employees participate and which exists for the 
            purpose, in whole or in part, of dealing with employers 
            concerning grievances, labor disputes, wages, rates of pay, 
            hours of employment, or conditions of work.
                (2) For purposes of this section and section 12(h) of 
            the Public Utility Holding Company Act (15 U.S.C. 791(h)), 
            the term ``contribution or expenditure'' includes a 
            contribution or expenditure, as those terms are defined in 
            section 431, and also includes any direct or indirect 
            payment, distribution, loan, advance, deposit, or gift of 
            money, or any services, or anything of value (except a loan 
            of money by a national or State bank made in accordance with 
            the applicable banking laws and regulations and in the 
            ordinary course of business) to any candidate, campaign 
            committee, or political party or organization or for any 
            applicable electioneering communication, in connection with 
            any election to any of the offices referred to in this 
            section, but shall not include (A) communications by a 
            corporation to its stockholders and executive or 
            administrative personnel and their families or by a labor 
            organization to its members and their families on any 
            subject; (B) nonpartisan registration and get-out-the-vote 
            campaigns by a corporation aimed at its stockholders and 
            executive or administrative personnel and their families, or 
            by a labor organization aimed at its members and their 
            families; and (C) the establishment, administration, and 
            solicitation of contributions to a separate segregated fund 
            to be utilized for political purposes by a corporation, 
            labor organization, membership organization, cooperative, or 
            corporation without capital stock.
                (3) It shall be unlawful--
                            (A) for such a fund to make a contribution 
                        or expenditure by utilizing money or anything of 
                        value secured by physical force, job 
                        discrimination, financial reprisals, or the 
                        threat of force, job discrimination, or 
                        financial reprisal; or by dues, fees, or other 
                        moneys required as a condition of membership in 
                        a labor organization or as a condition of 
                        employment, or by moneys obtained in any 
                        commercial transaction;
                            (B) for any person soliciting an employee 
                        for a contribution to such a fund to fail to 
                        inform such employee of the political purposes 
                        of such fund at the time of such solicitation; 
                        and
                            (C) for any person soliciting an employee 
                        for a contribution to such a fund to fail to 
                        inform such employee, at the time of such 
                        solicitation, of his right to refuse to so 
                        contribute without any reprisal.
                (4)(A) Except as provided in subparagraphs (B), (C), and 
            (D), it shall be unlawful--
                            (i) for a corporation, or a separate 
                        segregated fund established by a corporation, to 
                        solicit contributions to such a fund from any

[[Page 477]]

                        person other than its stockholders and their 
                        families and its executive or administrative 
                        personnel and their families, and
                            (ii) for a labor organization, or a separate 
                        segregated fund established by a labor 
                        organization, to solicit contributions to such a 
                        fund from any person other than its members and 
                        their families.
                (B) It shall not be unlawful under this section for a 
            corporation, a labor organization, or a separate segregated 
            fund established by such corporation or such labor 
            organization, to make 2 written solicitations for 
            contributions during the calendar year from any stockholder, 
            executive or administrative personnel, or employee of a 
            corporation or the families of such persons. A solicitation 
            under this subparagraph may be made only by mail addressed 
            to stockholders, executive or administrative personnel, or 
            employees at their residence and shall be so designed that 
            the corporation, labor organization, or separate segregated 
            fund conducting such solicitation cannot determine who makes 
            a contribution of $50 or less as a result of such 
            solicitation or who does not make such a contribution.
                (C) This paragraph shall not prevent a membership 
            organization, cooperative, or corporation without capital 
            stock, or a separate segregated fund established by a 
            membership organization, cooperative, or corporation without 
            capital stock, from soliciting contributions to such a fund 
            from members of such organization, cooperative, or 
            corporation without capital stock.
                (D) This paragraph shall not prevent a trade association 
            or a separate segregated fund established by a trade 
            association from soliciting contributions from the 
            stockholders and executive or administrative personnel of 
            the member corporations of such trade association and the 
            families of such stockholders or personnel to the extent 
            that such solicitation of such stockholders and personnel, 
            and their families, has been separately and specifically 
            approved by the member corporation involved, and such member 
            corporation does not approve any such solicitation by more 
            than one such trade association in any calendar year.
                (5) Notwithstanding any other law, any method of 
            soliciting voluntary contributions or of facilitating the 
            making of voluntary contributions to a separate segregated 
            fund established by a corporation, permitted by law to 
            corporations with regard to stockholders and executive or 
            administrative personnel, shall also be permitted to labor 
            organizations with regard to their members.
                (6) Any corporation, including its subsidiaries, 
            branches, divisions, and affiliates, that utilizes a method 
            of soliciting voluntary contributions or facilitating the 
            making of voluntary contributions, shall make available such 
            method, on written request and at a cost sufficient only to 
            reimburse the corporation for the expenses incurred thereby, 
            to a labor organization representing any members working for 
            such corporation, its subsidiaries, branches, divisions, and 
            affiliates.
                (7) For purposes of this section, the term ``executive 
            or administrative personnel'' means individuals employed by 
            a corporation who are paid on a salary, rather than hourly, 
            basis and who have policymaking, managerial, professional, 
            or supervisory responsibilities.
            (c) Rules relating to electioneering communications
                (1) Applicable electioneering communication.--For 
            purposes of this section, the term ``applicable 
            electioneering communication'' means an electioneering 
            communication (within the meaning of section 434(f)(3)) 
            which

[[Page 478]]

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

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

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

                            (B) a person shall be treated as having made 
                        a disbursement if the person has executed a 
                        contract to make the disbursement.
                (5) Coordination with Internal Revenue Code.--Nothing in 
            this subsection shall be construed to authorize an 
            organization exempt from taxation under section 501(a) of 
            the Internal Revenue Code of 1986 to carry out any activity 
            which is prohibited under such Code.
                (6) Special rules for targeted communications--
                            (A) Exception does not apply.--Paragraph (2) 
                        shall not apply in the case of a targeted 
                        communication that is made by an organization 
                        described in such paragraph.
                            (B) Targeted communication.--For purposes of 
                        subparagraph (A), the term ``targeted 
                        communication'' means an electioneering 
                        communication (as defined in section 434(f)(3)) 
                        that is distributed from a television or radio 
                        broadcast station or provider of cable or 
                        satellite television service and, in the case of 
                        a communication which refers to a candidate for 
                        an office other than President or Vice 
                        President, is targeted to the relevant 
                        electorate.

[[Page 479]]

                            (C) Definition.--For purposes of this 
                        paragraph, a communication is ``targeted to the 
                        relevant electorate'' if it meets the 
                        requirements described in section 434(f)(3)(C). 
                        (Pub.L. 94-283, Sec. 112(2), (May 11, 1976, 90 
                        Stat. 490; renumbered and amended Pub.L. 96-187, 
                        Title I, Sec. Sec. 105(5), 112(d), Jan. 8, 1980, 
                        93 Stat. 1354, 1366; Pub.L. 107-155, 
                        Sec. Sec. 203, 204, 214(d), Mar. 27, 2002, 116 
                        Stat. 91, 92, 95.)
       609  Sec. 441c. Contributions by government contractors.
            (a) Prohibition
                It shall be unlawful for any person--
                            (1) who enters into any contract with the 
                        United States or any department or agency 
                        thereof either for the rendition of personal 
                        services or furnishing any material, supplies, 
                        or equipment to the United States or any 
                        department or agency thereof or for selling any 
                        land or building to the United States or any 
                        department or agency thereof, if payment for the 
                        performance of such contract or payment for such 
                        material, supplies, equipment, land, or building 
                        is to be made in whole or in part from funds 
                        appropriated by the Congress, at any time 
                        between the commencement of negotiations for and 
                        the later of (A) the completion of performance 
                        under; or (B) the termination of negotiations 
                        for, such contract or furnishing of material, 
                        supplies, equipment, land, or buildings, 
                        directly or indirectly to make any contribution 
                        of money or other things of value, or to promise 
                        expressly or impliedly to make any such 
                        contribution to any political party, committee, 
                        or candidate for public office or to any person 
                        for any political purpose or use; or
                            (2) knowingly to solicit any such 
                        contribution from any such person for any such 
                        purpose during any such period.
            (b) Separate segregated funds
                This section does not prohibit or make unlawful the 
            establishment or administration of, or the solicitation of 
            contributions to, any separate segregated fund by any 
            corporation, labor organization, membership organization, 
            cooperative, or corporation without capital stock for the 
            purpose of influencing the nomination for election, or 
            election, of any person to Federal office, unless the 
            provisions of section 441b of this title prohibit or make 
            unlawful the establishment or administration of, or the 
            solicitation of contributions to, such fund. Each specific 
            prohibition, allowance, and duty applicable to a 
            corporation, labor organization, or separate segregated fund 
            under section 441b of this title applies to a corporation, 
            labor organization, or separate segregated fund to which 
            this subsection applies.
            (c) ``Labor organization'' defined
                For purposes of this section, the term ``labor 
            organization'' has the meaning given it by section 
            441b(b)(1) of this title. (Pub.L. 94-283, Sec. 112(2), May 
            11, 1976, 90 Stat. 492; Pub.L. 96-187, Title I, Sec. 105(5), 
            Jan. 8, 1980, 93 Stat. 1354.)
       610  Sec. 441d. Publication and distribution of statements and 
                solicitations; charge for newspaper or magazine space.
                (a) Whenever a political committee makes a disbursement 
            for the purpose of financing any communication through any 
            broadcasting station, newspaper, magazine, outdoor 
            advertising facility, mailing, or any

[[Page 480]]

            other type of general public political advertising, or 
            whenever any person makes a disbursement for the purpose of 
            financing communications expressly advocating the election 
            or defeat of a clearly identified candidate, or solicits any 
            contribution through any broadcasting station, newspaper, 
            magazine, outdoor advertising facility, mailing, or any 
            other type of general public political advertising or makes 
            a disbursement for an electioneering communication (as 
            defined in section 434(f)(3)), such communication--
                            (1) if paid for and authorized by a 
                        candidate, an authorized political committee of 
                        a candidate, or its agents, shall clearly state 
                        that the communication has been paid for by such 
                        authorized political committee, or
                            (2) if paid for by other persons but 
                        authorized by a candidate, an authorized 
                        political committee of a candidate, or its 
                        agents, shall clearly state that the 
                        communication is paid for by such other persons 
                        and authorized by such authorized political 
                        committee;
                            (3) if not authorized by a candidate, an 
                        authorized political committee of a candidate, 
                        or its agents, shall clearly state the name and 
                        permanent street address, telephone number, or 
                        World Wide Web address of the person who paid 
                        for the communication and state that the 
                        communication is not authorized by any candidate 
                        or candidate's committee.
                (b) No person who sells space in a newspaper or magazine 
            to a candidate or to the agent of a candidate, for use in 
            connection with such candidate's campaign, may charge any 
            amount for such space which exceeds the amount charged for 
            comparable use of such space for other purposes.
            (c) Specification
                Any printed communication described in subsection (a) 
            shall--
                (1) be of sufficient type size to be clearly readable by 
            the recipient of the communication;
                (2) be contained in a printed box set apart from the 
            other contents of the communication; and
                (3) be printed with a reasonable degree of color 
            contrast between the background and the printed statement.
            (d) Additional requirements
                (1) Communications by candidates or authorized persons--
                            (A) By radio.--Any communication described 
                        in paragraph (1) or (2) of subsection (a) which 
                        is transmitted through radio shall include, in 
                        addition to the requirements of that paragraph, 
                        an audio statement by the candidate that 
                        identifies the candidate and states that the 
                        candidate has approved the communication.
                            (B) By television.--Any communication 
                        described in paragraph (1) or (2) of subsection 
                        (a) which is transmitted through television 
                        shall include, in addition to the requirements 
                        of that paragraph, a statement that identifies 
                        the candidate and states that the candidate has 
                        approved the communication. Such statement--

                                (i) shall be conveyed by--

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

[[Page 481]]

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

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

                (2) Communications by others.--Any communication 
            described in paragraph (3) of subsection (a) which is 
            transmitted through radio or television shall include, in 
            addition to the requirements of that paragraph, in a clearly 
            spoken manner, the following audio statement: ``___ is 
            responsible for the content of this advertising'' (with the 
            blank to be filled in with the name of the political 
            committee or other person paying for the communication and 
            the name of any connected organization of the payor). If 
            transmitted through television, the statement shall be 
            conveyed by an unobscured, full-screen view of a 
            representative of the political committee or other person 
            making the statement, or by a representative of such 
            political committee or other person in voice-over, and shall 
            also appear in a clearly readable manner with a reasonable 
            degree of color contrast between the background and the 
            printed statement, for a period of at least 4 seconds. 
            (Pub.L. 92-225, Title III, Sec. 318, formerly Sec. 323, as 
            added Pub.L. 94-283, Title I, Sec. 112(2), May 11, 1976, 90 
            Stat. 493, renumbered and amended Pub.L. 96-187, Title I, 
            Sec. Sec. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365; 
            Pub.L. 107-155, Sec. 311, Mar. 27, 2002, 116 Stat. 105.)
       611  Sec. 441e. Contributions and donations by foreign nationals.
                (a) Prohibition.--It shall be unlawful for--
                            (1) a foreign national, directly or 
                        indirectly, to make--

                                (A) a contribution or donation of money 
                            or other thing of value, or to make an 
                            express or implied promise to make a 
                            contribution or donation, in connection with 
                            a Federal, State, or local election;

                                (B) a contribution or donation to a 
                            committee of a political party; or

                                (C) an expenditure, independent 
                            expenditure, or disbursement for an 
                            electioneering communication (within the 
                            meaning of section 434(f)(3)); or

                            (2) a person to solicit, accept, or receive 
                        a contribution or donation described in 
                        subparagraph (A) or (B) of paragraph (1) from a 
                        foreign national.
                (b) As used in this section, the term ``foreign 
            national'' means--
                            (1) a foreign principal, as such term is 
                        defined by section 611(b) Title 22 of the 
                        Foreign Agents Registration Act of 1938 (22 
                        U.S.C. 611(b)), except that the term ``foreign 
                        national'' shall not include any individual who 
                        is a citizen of the United States; or
                            (2) an individual who is not a citizen of 
                        the United States or a national of the United 
                        States (as defined in section 101(a)(22) of the 
                        Immigration and Nationality Act) and who is not 
                        lawfully admitted for permanent residence, as 
                        defined by section 101(a)(20) of such Act (8 
                        U.S.C. 1101(a)(20)) (Pub.L. 94-283, Sec. 112(2), 
                        May 11, 1976, 90 Stat. 493; Pub.L. 96-187, Title 
                        I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; 
                        Pub.L. 107-155, Sec. Sec.  303, 317, Mar. 27, 
                        2002, 116 Stat. 96, 109.)

[[Page 482]]


       612  Sec. 441f. Contributions in name of another prohibited.
                No person shall make a contribution in the name of 
            another person or knowingly permit his name to be used to 
            effect such a contribution, and no person shall knowingly 
            accept a contribution made by one person in the name of 
            another person. (Pub.L. 94-283, Sec. 112(2), May 11, 1976, 
            90 Stat. 494; Pub.L. 96-187, Title I, Sec. 105(5), Jan. 8, 
            1980, 93 Stat. 1354.)
       613  Sec. 441g. Limitation on contribution of currency.
                No person shall make contributions of currency of the 
            United States or currency of any foreign country to or for 
            the benefit of any candidate which, in the aggregate, exceed 
            $100, with respect to any campaign of such candidate for 
            nomination for election, or for election, to Federal office. 
            (Pub.L. 94-283, Sec. 112(2), May 11, 1976, 90 Stat. 494; 
            Pub.L. 96-187, Title I, Sec. 105(5), Jan. 8, 1980, 93 Stat. 
            1354.)
       614  Sec. 441h. Fraudulent misrepresentation of campaign 
                authority.
                (a) In general.--No person who is a candidate for 
            Federal office or any employee or agent of such a candidate 
            shall--
                            (1) fraudulently misrepresent himself or any 
                        committee or organization under his control as 
                        speaking or writing or otherwise acting for or 
                        on behalf of any other candidate or political 
                        party or employee or agent thereof on a matter 
                        which is damaging to such other candidate or 
                        political party or employee or agent thereof; or
                            (2) willfully and knowingly participate in 
                        or conspire to participate in any plan, scheme, 
                        or design to violate paragraph (1).
                (b) Fraudulent solicitation of funds.--No person shall--
                            (1) fraudulently misrepresent the person as 
                        speaking, writing, or otherwise acting for or on 
                        behalf of any candidate or political party or 
                        employee or agent thereof for the purpose of 
                        soliciting contributions or donations; or
                            (2) willfully and knowingly participate in 
                        any plan, scheme, or design to violate paragraph 
                        (1). (Pub.L. 94-283, Sec. 112(2), May 11, 1976, 
                        90 Stat. 494; Pub.L. 96-187, Title I, 
                        Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; Pub.L. 
                        107-155, Sec. 309, Mar. 27, 2002, 116 Stat. 
                        104.)
       615  Sec. 441i. Soft money of political parties.
                (a) National committees--
                            (1) In general.--A national committee of a 
                        political party (including a national 
                        congressional campaign committee of a political 
                        party) may not solicit, receive, or direct to 
                        another person a contribution, donation, or 
                        transfer of funds or any other thing of value, 
                        or spend any funds, that are not subject to the 
                        limitations, prohibitions, and reporting 
                        requirements of [the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et seq.)].
                            (2) Applicability.--The prohibition 
                        established by paragraph (1) applies to any such 
                        national committee, any officer or agent acting 
                        on behalf of such a national committee, and any 
                        entity that is directly or indirectly 
                        established, financed, maintained, or controlled 
                        by such a national committee.
                (b) State, district, and local committees--
                            (1) In general.--Except as provided in 
                        paragraph (2), an amount that is expended or 
                        disbursed for Federal election activity by a 
                        State, district, or local committee of a 
                        political party (including an

[[Page 483]]

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

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

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

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

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

                (C) Prohibiting involvement of national parties, Federal 
            candidates and officeholders, and State parties acting 
            jointly.--Notwithstanding

[[Page 484]]

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

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

[[Page 485]]

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

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

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

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

                (f) State candidates--
                            (1) In general.--A candidate for State or 
                        local office, individual holding State or local 
                        office, or an agent of such a candidate or 
                        individual may not spend any funds for a 
                        communication described in section 
                        431(20)(A)(iii) unless the funds are subject to 
                        the limitations, prohibitions, and reporting 
                        requirements of [the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et seq.)].
                            (2) Exception for certain communications.--
                        Paragraph (1) shall not apply to an individual 
                        described in such paragraph if the communication 
                        involved is in connection with an election for 
                        such State or local office and refers only to 
                        such individual or to any other candidate for 
                        the State or local office held or sought by such 
                        individual, or both. (Pub.L. 107-155, 
                        Sec. 101(a), Mar. 27, 2002, 116 Stat. 82.)

[[Page 486]]


       616  Sec. 441j. Repealed (Pub.L. 96-187, Title I, Sec. 105(1), 
                Jan. 8, 1980, 93 Stat. 1354).
       617  Sec. 441k. Prohibition of contribution by minors.
                An individual who is 17 years old or younger shall not 
            make a contribution to a candidate or a contribution or 
            donation to a committee of a political party. (Pub.L. 107-
            155, Sec. 318, Mar. 27, 2002, 116 Stat. 109.)
       618  Sec. 442. Authority to procure technical support and other 
                services and incur travel expenses; payment of such 
                expenses.
                For the purpose of carrying out his duties under the 
            Federal Election Campaign Act of 1971, the Secretary of the 
            Senate is authorized, from and after July 1, 1972, (1) to 
            procure technical support services, (2) to procure the 
            temporary or intermittent services of individual 
            technicians, experts, or consultants, or organizations 
            thereof, in the same manner and under the same conditions, 
            to the extent applicable, as a standing committee of the 
            Senate may procure such services under section 72a(i) of 
            this title, (3) with the prior consent of the Government 
            department or agency concerned and the Committee on Rules 
            and Administration, to use on a reimbursable basis the 
            services of personnel of any such department or agency, and 
            (4) to incur official travel expenses. Payments to carry out 
            the provisions of this paragraph shall be made from funds 
            included in the appropriation ``Miscellaneous Items'' under 
            the heading ``Contingent Expenses of the Senate'' upon 
            vouchers approved by the Secretary of the Senate. All sums 
            received by the Secretary under authority of the Federal 
            Election Campaign Act of 1971 shall be covered into the 
            Treasury as miscellaneous receipts. (Pub.L. 92-342, 
            Sec. 101, July 10, 1972, 86 Stat. 435.)
            
                          Subchapter II--General Provisions

       619  Sec. 451. Extension of credit by regulated industries; 
                regulations.
                The Secretary of Transportation, the Federal 
            Communications Commission, and the Surface Transportation 
            Board shall each maintain,\1\ its own regulations with 
            respect to the extension of credit, without security, by any 
            person regulated by the Secretary under subpart II of part A 
            of subtitle VII of Title 49, or such Commission or Board, to 
            any candidate for Federal office, or to any person on behalf 
            of such a candidate, for goods furnished or services 
            rendered in connection with the campaign of such candidate 
            for nomination for election, or election, to such office. 
            Pub.L. 92-225, Title IV, Sec. 401, Feb. 7, 1972, 86 Stat. 
            19; Pub.L. 93-443, Title II, Sec. 201(b)(1), Oct. 15, 1974, 
            88 Stat. 1275; Pub.L. 103-272, Sec. 4(a), July 5, 1994, 108 
            Stat. 1360; Pub.L. 104-88, Title III, Sec. 313, Dec. 29, 
            1995, 109 Stat. 948: Pub.L. 104-287, Sec. 6(g), Oct. 11, 
            1996, 110 Stat. 3399.)
                \1\ So in original. The comma probably should not 
                appear.
       620  Sec. 452. Prohibition against use of certain Federal funds 
                for election activities.
                No part of any funds appropriated to carry out the 
            Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] 
            shall be used to finance, directly or indirectly, any 
            activity designed to influence the outcome of any election 
            to Federal office, or any voter registration activity, or

[[Page 487]]

            to pay the salary of any officer or employee of the Office 
            of Economic Opportunity who, in his official capacity as 
            such an officer or employee, engages in any such activity. 
            (Pub.L. 92-225, Sec. 402, Feb. 7, 1972, 86 Stat. 19; Pub.L. 
            93-443, Sec. 201(b)(2), Oct. 15, 1974, 88 Stat. 1275.)
       621  Sec. 453. State laws affected.
                (a) In general.--Subject to subsection (b), the 
            provisions of [the Federal Election Campaign Act of 1971 (2 
            U.S.C. 431 et seq.)], and of rules prescribed under such 
            Act, supersede and preempt any provision of State law with 
            respect to election to Federal Office.
                (b) State and local committees of political parties.--
            Notwithstanding any other provision of [the Federal Election 
            Campaign Act of 1971 (2 U.S.C. 431 et seq.)], a State or 
            local committee of a political party may, subject to State 
            law, use exclusively funds that are not subject to the 
            prohibitions, limitations, and reporting requirements of the 
            Act for the purchase or construction of an office building 
            for such State or local committee. (Pub.L. 92-225, Sec. 403, 
            Feb. 7, 1972, 86 Stat. 20; Pub.L. 93-443, Sec. 301, Oct. 15, 
            1974, 88 Stat. 1289; Pub.L. 107-155, Sec. 103(b), Mar. 27, 
            2002, 116 Stat. 87.)
       622  Sec. 454. Partial invalidity.
                If any provision of [the Federal Election Campaign Act 
            of 1971 (2 U.S.C. 431 et seq.)], or the application thereof 
            to any person or circumstance, is held invalid, the validity 
            of the remainder of the Act and the application of such 
            provision to other persons and circumstances shall not be 
            affected thereby. (Pub.L. 92-225, Sec. 404, Feb. 7, 1972, 86 
            Stat. 20.)
       623  Sec. 455. Period of limitations.
                (a) No person shall be prosecuted, tried, or punished 
            for any violation of subchapter I of this chapter unless the 
            indictment is found or the information is instituted within 
            5 years after the date of the violation.
                (b) Notwithstanding any other provision of law--
                            (1) the period of limitations referred to in 
                        subsection (a) of this section shall apply with 
                        respect to violations referred to in such 
                        subsection committed before, on, or after the 
                        effective date of this section; and
                            (2) no criminal proceeding shall be 
                        instituted against any person for any act or 
                        omission which was a violation of any provision 
                        of subchapter I of this chapter, as in effect on 
                        December 31, 1974, if such act or omission does 
                        not constitute a violation of any such 
                        provision, as amended by the Federal Election 
                        Campaign Act Amendments of 1974.

            Nothing in this subsection shall affect any proceeding 
            pending in any court of the United States on January 1, 
            1975. (Pub.L. 92-225, Sec. 406, Feb. 7, 1972, as added, 
            Pub.L. 93-443, Sec. 302, Oct. 15, 1974, 88 Stat. 1289; 
            Pub.L. 94-283, Sec. 115(f), May 11, 1976, 90 Stat. 496; 
            Pub.L. 107-155, Sec. 313, Mar. 27, 2002, 116 Stat. 106.)

[[Page 488]]

       624  Sec. 456. Repealed (Pub.L. 94-283, Title I, Sec. 111, May 
                11, 1976, 90 Stat. 486).
            
                     Chapter 15--OFFICE OF TECHNOLOGY ASSESSMENT

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

                                (1) large and growing in scale; and

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

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

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

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

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

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

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

       626  Sec. 472. Office of Technology Assessment.
            (a) Creation
                In accordance with the findings and declaration of 
            purpose in section 471 of this title, there is hereby 
            created the Office of Technology Assessment (hereinafter 
            referred to as the ``Office'') which shall be within and 
            responsible to the legislative branch of the Government.
            (b) Composition
                The Office shall consist of a Technology Assessment 
            Board (hereinafter referred to as the ``Board'') which shall 
            formulate and promulgate the policies of the Office, and a 
            Director who shall carry out such policies and administer 
            the operations of the Office.
            (c) Functions and duties
                The basic function of the Office shall be to provide 
            early indications of the probable beneficial and adverse 
            impacts of the applications of

[[Page 489]]

            technology and to develop other coordinate information which 
            may assist the Congress. In carrying out such function, the 
            Office shall:
                            (1) identify existing or probable impacts of 
                        technology or technological programs;
                            (2) where possible, ascertain cause-and-
                        effect relationships;
                            (3) identify alternative technological 
                        methods of implementing specific programs;
                            (4) identify alternative programs for 
                        achieving requisite goals;
                            (5) make estimates and comparisons of the 
                        impacts of alternative methods and programs;
                            (6) present findings of completed analyses 
                        to the appropriate legislative authorities;
                            (7) identify areas where additional research 
                        or data collection is required to provide 
                        adequate support for the assessments and 
                        estimates described in paragraph (1) through (5) 
                        of this subsection; and
                            (8) undertake such additional associated 
                        activities as the appropriate authorities 
                        specified under subsection (d) of this section 
                        may direct.
            (d) Initiation of assessment activities
                Assessment activities undertaken by the Office may be 
            initiated upon the request of:
                            (1) the chairman of any standing, special, 
                        or select committee of either House of the 
                        Congress, or of any joint committee of the 
                        Congress, acting for himself or at the request 
                        of the ranking minority member or a majority of 
                        the committee members;
                            (2) the Board; or
                            (3) the Director, in consultation with the 
                        Board.
            (e) Availability of information
                Assessments made by the Office, including information, 
            surveys, studies, reports, and findings related thereto, 
            shall be made available to the initiating committee or other 
            appropriate committees of the Congress. In addition, any 
            such information, surveys, studies, reports, and findings 
            produced by the Office may be made available to the public 
            except where--
                            (1) to do so would violate security 
                        statutes; or
                            (2) the Board considers it necessary or 
                        advisable to withhold such information in 
                        accordance with one or more of the numbered 
                        paragraphs in section 552(b) of Title 5. (Pub.L. 
                        92-484, Sec. 3, Oct. 13, 1972, 86 Stat. 797.)
       627  Sec. 473. Technology Assessment Board.
            (a) Membership
                The Board shall consist of thirteen members as follows:
                            (1) six Members of the Senate, appointed by 
                        the President pro tempore of the Senate, three 
                        from the majority party and three from the 
                        minority party;
                            (2) six Members of the House of 
                        Representatives appointed by the Speaker of the 
                        House of Representatives, three from the 
                        majority party and three from the minority 
                        party; and
                            (3) the Director, who shall not be a voting 
                        member.

[[Page 490]]

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

[[Page 491]]

            The Deputy Director shall receive basic pay at the rate 
            provided for level IV of the Executive Schedule under 
            section 5315 of Title 5.
            (d) Restrictions on outside employment activities of 
                Director and Deputy Director
                Neither the Director nor the Deputy Director shall 
            engage in any other business, vocation, or employment than 
            that of serving as such Director or Deputy Director, as the 
            case may be; nor shall the Director or Deputy Director, 
            except with the approval of the Board, hold any office in, 
            or act in any capacity for, any organization, agency, or 
            institution with which the Office makes any contract or 
            other arrangement under this chapter. (Pub.L. 92-484, 
            Sec. 5, Oct. 13, 1972, 86 Stat. 799.)
       629  Sec. 475. Powers of Office of Technology Assessment.
            (a) Use of public and private personnel and organizations; 
                formation of special ad hoc task forces; contracts with 
                governmental, etc., agencies and instrumentalities; 
                advance, progress, and other payments; utilization of 
                services of voluntary and uncompensated personnel; 
                acquisition, holding, and disposal of real and personal 
                property; promulgation of rules and regulations
                The Office shall have the authority, within the limits 
            of available appropriations, to do all things necessary to 
            carry out the provisions of this chapter, including, but 
            without being limited to, the authority to--
                            (1) make full use of competent personnel and 
                        organizations outside the Office, public or 
                        private, and form special ad hoc task forces or 
                        make other arrangements when appropriate;
                            (2) enter into contracts or other 
                        arrangements as may be necessary for the conduct 
                        of the work of the Office with any agency or 
                        instrumentality of the United States, with any 
                        State, territory, or possession or any political 
                        subdivision thereof, or with any person, firm, 
                        association, corporation, or educational 
                        institution, with or without reimbursement, 
                        without performance or other bonds, and without 
                        regard to section 5 of title 41;
                            (3) make advance, progress, and other 
                        payments which relate to technology assessment 
                        without regard to the provisions of section 
                        3324(a) and (b) of title 31;
                            (4) accept and utilize the services of 
                        voluntary and uncompensated personnel necessary 
                        for the conduct of the work of the Office and 
                        provide transportation and subsistence as 
                        authorized by section 5703 of Title 5, for 
                        persons serving without compensation;
                            (5) acquire by purchase, lease, loan, or 
                        gift, and hold and dispose of by sale, lease, or 
                        loan, real and personal property of all kinds 
                        necessary for or resulting from the exercise of 
                        authority granted by this chapter; and
                            (6) prescribe such rules and regulations as 
                        it deems necessary governing the operation and 
                        organization of the Office.

[[Page 492]]

            (b) Recordkeeping by contractors and other parties entering 
                into contracts and other arrangements with Office; 
                availability of books and records to Office and 
                Comptroller General for audit and examination
                Contractors and other parties entering into contracts 
            and other arrangements under this section which involve 
            costs to the Government shall maintain such books and 
            related records as will facilitate an effective audit in 
            such detail and in such manner as shall be prescribed by the 
            Office, and such books and records (and related documents 
            and papers) shall be available to the Office and the 
            Comptroller General of the United States, or any of their 
            duly authorized representatives, for the purpose of audit 
            and examination.
            (c) Operation of laboratories, pilot plants, or test 
                facilities
                The Office, in carrying out the provisions of this 
            chapter, shall not, itself, operate any laboratories, pilot 
            plants, or test facilities.
            (d) Requests to executive departments or agencies for 
                information, suggestions, estimates, statistics, and 
                technical assistance; duty of executive departments and 
                agencies to furnish information, etc.
                The Office is authorized to secure directly from any 
            executive department or agency information, suggestions, 
            estimates, statistics, and technical assistance for the 
            purpose of carrying out its functions under this chapter. 
            Each such executive department or agency shall furnish the 
            information, suggestions, estimates, statistics, and 
            technical assistance directly to the Office upon its 
            request.
            (e) Requests to heads of executive departments or agencies 
                for detail of personnel; reimbursement
                On request of the Office, the head of any executive 
            department or agency may detail, with or without 
            reimbursement, any of its personnel to assist the Office in 
            carrying out its functions under this chapter.
            (f) Appointment and compensation of personnel
                The Director shall, in accordance with such policies as 
            the Board shall prescribe, appoint and fix the compensation 
            of such personnel as may be necessary to carry out the 
            provisions of this chapter. (Pub.L. 92-484, Sec. 6, Oct. 13, 
            1972, 86 Stat. 799.)
       630  Sec. 476. Technology Assessment Advisory Council.
            (a) Establishment; composition
                The Office shall establish a Technology Assessment 
            Advisory Council (hereinafter referred to as the 
            ``Council''). The Council shall be composed of the following 
            twelve members:
                            (1) ten members from the public, to be 
                        appointed by the Board, who shall be persons 
                        eminent in one or more fields of the physical, 
                        biological, or social sciences or engineering or 
                        experienced in the administration of 
                        technological activities, or who may be judged 
                        qualified on the basis of contributions made to 
                        educational or public activities;
                            (2) the Comptroller General; and
                            (3) the Director of the Congressional 
                        Research Service of the Library of Congress.

[[Page 493]]

            (b) Duties
                The Council, upon request by the Board, shall--
                            (1) review and make recommendations to the 
                        Board on activities undertaken by the Office or 
                        on the initiation thereof in accordance with 
                        section 472(d) of this title;
                            (2) review and make recommendations to the 
                        Board on the findings of any assessment made by 
                        or for the Office; and
                            (3) undertake such additional related tasks 
                        as the Board may direct.
            (c) Chairman and Vice Chairman; election by Council from 
                members appointed from public; terms and conditions of 
                service
                The Council, by majority vote, shall elect from its 
            members appointed under subsection (a)(1) of this section a 
            Chairman and a Vice Chairman, who shall serve for such time 
            and under such conditions as the Council may prescribe. In 
            the absence of the Chairman, or in the event of his 
            incapacity, the Vice Chairman shall act as Chairman.
            (d) Terms of office of members appointed from public; 
                reappointment
                The term of office of each member of the Council 
            appointed under subsection (a)(1) shall be four years except 
            that any such member appointed to fill a vacancy occurring 
            prior to the expiration of the term for which his 
            predecessor was appointed shall be appointed for the 
            remainder of such term. No person shall be appointed a 
            member of the Council under subsection (a)(1) of this 
            section more than twice. Terms of the members appointed 
            under subsection (a)(1) of this section shall be staggered 
            so as to establish a rotating membership according to such 
            method as the Board may devise.
            (e) Payment to Comptroller General and Director of 
                Congressional Research Service of travel and other 
                necessary expenses; payment to members appointed from 
                public of compensation and reimbursement for travel, 
                subsistence, and other necessary expenses
                (1) The members of the Council other than those 
            appointed under subsection (a)(1) of this section shall 
            receive no pay for their services as members of the Council, 
            but shall be allowed necessary travel expenses (or, in the 
            alternative, mileage for use of privately owned vehicles and 
            payments when traveling on official business at not to 
            exceed the payment prescribed in regulations implementing 
            section 5702 and in 5704 of Title 5), and other necessary 
            expenses incurred by them in the performance of duties 
            vested in the Council, without regard to the provisions of 
            subchapter 1 of chapter 57 and section 5731 of Title 5, and 
            regulations promulgated thereunder.
                (2) The members of the Council appointed under 
            subsection (a)(1) of this section shall receive compensation 
            for each day engaged in the actual performance of duties 
            vested in the Council at rates of pay not in excess of the 
            daily equivalent of the highest rate of basic pay set forth 
            in the General Schedule of section 5332(a) of Title 5, and 
            in addition shall be reimbursed for travel, subsistence, and 
            other necessary expenses in the manner provided for other 
            members of the Council under paragraph (1) of this 
            subsection. (Pub.L. 92-484, Sec. 7, Oct. 13,

[[Page 494]]

            1972, 86 Stat. 800; Pub.L. 99-234, Title I, Sec. 107(a), 
            Jan. 2, 1986, 99 Stat. 1759.)

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

       631  Sec. 477. Utilization of services of Library of Congress.
            (a) Authority of Librarian to make available services and 
                assistance of Congressional Research Service
                 To carry out the objectives of this chapter, the 
            Librarian of Congress is authorized to make available to the 
            Office such services and assistance of the Congressional 
            Research Service as may be appropriate and feasible.
            (b) Scope of services and assistance
                Such services and assistance made available to the 
            Office shall include, but not be limited to, all of the 
            services and assistance which the Congressional Research 
            Service is otherwise authorized to provide to the Congress.
            (c) Services or responsibilities performed by Congressional 
                Research Service for Congress not altered or modified; 
                authority of Librarian to establish within Congressional 
                Research Service additional divisions, etc.
                Nothing in this section shall alter or modify any 
            services or responsibilities, other than those performed for 
            the Office, which the Congressional Research Service under 
            law performs for or on behalf of the Congress. The Librarian 
            is, however, authorized to establish within the 
            Congressional Research Service such additional divisions, 
            groups, or other organizational entities as may be necessary 
            to carry out the purpose of this chapter.
            (d) Reimbursement for services and assistance
                Services and assistance made available to the Office by 
            the Congressional Research Service in accordance with this 
            section may be provided with or without reimbursement from 
            funds of the Office, as agreed upon by the Board and the 
            Librarian of Congress. (Pub.L. 92-484, Sec. 8, Oct. 13, 
            1972, 86 Stat. 801.)
       632  Sec. 478. Utilization of services of Government 
                Accountability Office.
            (a) Authority of Government Accountability Office to furnish 
                financial and administrative services
                Financial and administrative services (including those 
            related to budgeting, accounting, financial reporting, 
            personnel, and procurement) and such other services as may 
            be appropriate shall be provided the Office by the 
            Government Accountability Office.
            (b) Scope of services and assistance
                Such services and assistance to the Office shall 
            include, but not be limited to, all of the services and 
            assistance which the Government Accountability Office is 
            otherwise authorized to provide to the Congress.

[[Page 495]]

            (c) Services or responsibilities performed by Government 
                Accountability Office for Congress not altered or 
                modified
                Nothing in this section shall alter or modify any 
            services or responsibilities, other than those performed for 
            the Office, which the Government Accountability Office under 
            law performs for or on behalf of the Congress.
            (d) Reimbursement for services and assistance
                Services and assistance made available to the Office by 
            the Government Accountability Office in accordance with this 
            section may be provided with or without reimbursement from 
            funds of the Office, as agreed upon by the Board and the 
            Comptroller General. (Pub.L. 92-484, Sec. 9, Oct. 13, 1972, 
            86 Stat. 802; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 
            Stat. 814.)
       633  Sec. 479. Coordination of activities with National Science 
                Foundation.
                The Office shall maintain a continuing liaison with the 
            National Science Foundation with respect to--
                            (1) grants and contracts formulated or 
                        activated by the Foundation which are for 
                        purposes of technology assessment; and
                            (2) the promotion of coordination in areas 
                        of technology assessment, and the avoidance of 
                        unnecessary duplication or overlapping of 
                        research activities in the development of 
                        technology assessment techniques and programs. 
                        (Oct. 13, 1972, Pub.L. 92-484, Sec. 10(a), 86 
                        Stat. 802.)
       634  Sec. 480. Omitted.
                                    Codification
                Section, Pub.L. 92-484, Sec. 11, Oct. 13, 1972, 86 Stat. 
            802, which required the Office of Technology Assessment to 
            submit an annual report to Congress on technology assessment 
            and technological areas and programs requiring future 
            analysis, terminated, effective May 15, 2000, pursuant to 
            section 3003 of Pub.L. 104-66, as amended, set out as a note 
            under section 1113 of Title 31, Money and Finance. See, 
            also, page 10 of House Document No. 103-7.
       635  Sec. 481. Authorization of appropriations; availability of 
                appropriations.
                (a) To enable the Office to carry out its powers and 
            duties, there is hereby authorized to be appropriated to the 
            Office, out of any money in the Treasury not otherwise 
            appropriated, not to exceed $5,000,000 in the aggregate for 
            the two fiscal years ending June 30, 1973, and June 30, 
            1974, and thereafter such sums as may be necessary.
                (b) Appropriations made pursuant to the authority 
            provided in subsection (a) shall remain available for 
            obligation, for expenditure, or for obligation and 
            expenditure for such period or periods as may be specified 
            in the chapter making such appropriations. (Oct. 13, 1972, 
            Pub.L. 92-484, Sec. 12, 86 Stat. 803.)

[[Page 496]]



            
                    Chapter 16.--CONGRESSIONAL MAILING STANDARDS

       636  Sec. 502. Select Committee on Standards and Conduct of the 
                Senate.\1\
            (a) Advisory opinions or consultations respecting franked 
                mail for persons entitled to franking privilege; 
                franking privilege regulations
                \1\ Name changed to Select Committee on Ethics by 
                section 102 of S. Res. 4, 95th Congress, agreed to 
                February 4 (legislative day, February 1), 1977. Senate 
                Manual section 77.
                The Select Committee on Standards and Conduct of the 
            Senate shall provide guidance, assistance, advice and 
            counsel, through advisory opinions or consultations, in 
            connection with the mailing or contemplated mailing of 
            franked mail under section 3210, 3211, 3212, 3213(2), 3218, 
            or 3219, and in connection with the operation of section 
            3215, of Title 39 upon the request of any Member of the 
            Senate or Member-elect, surviving spouse of any of the 
            foregoing, or other Senate official, entitled to send mail 
            as franked mail under any of those sections. The select 
            committee shall prescribe regulations governing the proper 
            use of the franking privilege under those sections by such 
            persons.
            (b) Complaint of franked mail violations; investigation; 
                notice and hearing; decision of select committee; 
                enforcement
                Any complaint filed by any person with the select 
            committee that a violation of any section of Title 39 
            referred to in subsection (a) of this section is about to 
            occur or has occurred within the immediately preceding 
            period of one year, by any person referred to in such 
            subsection (a), shall contain pertinent factual material and 
            shall conform to regulations prescribed by the select 
            committee. The select committee, if it determines there is 
            reasonable justification for the complaint, shall conduct an 
            investigation of the matter, including an investigation of 
            reports and statements filed by the complainant with respect 
            to the matter which is the subject of the complaint. The 
            committee shall afford to the person who is the subject of 
            the complaint due notice and, if it determines that there is 
            substantial reason to believe that such violation has 
            occurred or is about to occur, opportunity for all parties 
            to participate in a hearing before the select committee. The 
            select committee shall issue a written decision on each 
            complaint under this subsection not later than thirty days 
            after such a complaint has been filed or, if a hearing is 
            held, not later than thirty days after the conclusion of 
            such hearing. Such decision shall be based on written 
            findings of fact in the case by the select committee. If the 
            select committee finds, in its written decision, that a 
            violation has occurred or is about to occur, the committee 
            may take such action and enforcement as it considers 
            appropriate in accordance with applicable rules, precedents, 
            and standing orders of the Senate, and such other standards 
            as may be prescribed by such committee.
            (c) Administrative or judicial jurisdiction of civil actions 
                respecting franking law violations or abuses of franking 
                privilege dependent on filing of complaint with select 
                committee and rendition of decision by such committee
                Notwithstanding any other provision of law, no court or 
            administrative body in the United States or in any territory 
            thereof shall have jurisdic

[[Page 497]]

            tion to entertain any civil action of any character 
            concerning or related to a violation of the franking laws or 
            an abuse of the franking privilege by any person listed 
            under subsection (a) of this section as entitled to send 
            mail as franked mail, until a complaint has been filed with 
            the select committee and the committee has rendered a 
            decision under subsection (b) of this section.
            (d) Administrative procedure regulations
                The select committee shall prescribe regulations for the 
            holding of investigations and hearings, the conduct of 
            proceedings, and the rendering of decisions under this 
            subsection providing for equitable procedures and the 
            protection of individual, public, and Government interests. 
            The regulations shall, insofar as practicable, contain the 
            substance of the administrative procedure provisions of 
            sections 551-559 and 701-706, of Title 5. These regulations 
            shall govern matters under this subsection subject to 
            judicial review thereof.
            (e) Property of Senate; records of select committee; voting 
                record; location of records, data, and files
                The select committee shall keep a complete record of all 
            its actions, including a record of the votes on any question 
            on which a record vote is demanded. All records, data, and 
            files of the select committee shall be the property of the 
            Senate and shall be kept in the offices of the select 
            committee or such other places as the committee may direct. 
            (Dec. 18, 1973, Pub.L. 93-191, Sec. 6, 87 Stat. 744; amended 
            Mar. 27, 1974, Pub.L. 93-255, Sec. 3(b), 88 Stat. 52.)
            
                      Chapter 17.--CONGRESSIONAL BUDGET OFFICE

       637  Sec. 601. Establishment.
            (a) In general
                (1) There is established an office of the Congress to be 
            known as the Congressional Budget Office (hereinafter in 
            this chapter referred to as the ``Office''). The Office 
            shall be headed by a Director; and there shall be a Deputy 
            Director who shall perform such duties as may be assigned to 
            him by the Director and, during the absence or incapacity of 
            the Director or during a vacancy in that office, shall act 
            as Director.
                (2) The Director shall be appointed by the Speaker of 
            the House of Representatives and the President pro tempore 
            of the Senate after considering recommendations received 
            from the Committees on the Budget of the House and the 
            Senate, without regard to political affiliation and solely 
            on the basis of his fitness to perform his duties. The 
            Deputy Director shall be appointed by the Director.
                (3) The term of office of the Director shall be 4 years 
            and shall expire on January 3 of the year preceding each 
            Presidential election. Any individual appointed as Director 
            to fill a vacancy prior to the expiration of a term shall 
            serve only for the unexpired portion of that term. An 
            individual serving as Director at the expiration of a term 
            may continue to serve until his successor is appointed. Any 
            Deputy Director shall serve until the expiration of the term 
            of office of the Director who appointed him (and until his 
            successor is appointed), unless sooner removed by the 
            Director.
                (4) The Director may be removed by either House by 
            resolution.

[[Page 498]]

                (5) (A) The Director shall receive compensation at an 
            annual rate of pay that is equal to the lower of--
                            (i) the highest annual rate of compensation 
                        of any officer of the Senate; or
                            (ii) the highest annual rate of compensation 
                        of any officer of the House of Representatives.
                (B) The Deputy Director shall receive compensation at an 
            annual rate of pay that is $1,000 less than the annual rate 
            of pay received by the Director, as determined under 
            subparagraph (A).
            (b) Personnel
                The Director shall appoint and fix the compensation of 
            such personnel as may be necessary to carry out the duties 
            and functions of the Office. All personnel of the Office 
            shall be appointed without regard to political affiliation 
            and solely on the basis of their fitness to perform their 
            duties. The Director may prescribe the duties and 
            responsibilities of the personnel of the Office, and 
            delegate to them authority to perform any of the duties, 
            powers, and functions imposed on the Office or on the 
            Director. For purposes of pay (other than pay of the 
            Director and Deputy Director) and employment benefits, 
            rights, and privileges, all personnel of the Office shall be 
            treated as if they were employees of the House of 
            Representatives.
            (c) Experts and consultants
                In carrying out the duties and functions of the Office, 
            the Director may procure the temporary (not to exceed one 
            year) or intermittent services of experts or consultants or 
            organizations thereof by contract as independent 
            contractors, or, in the case of individual experts or 
            consultants, by employment at rates of pay not in excess of 
            the daily equivalent of the highest rate of basic pay 
            payable under the General Schedule of section 5332 of Title 
            5.
            (d) Relationship to executive branch
                The Director is authorized to secure information, data, 
            estimates, and statistics directly from the various 
            departments, agencies, and establishments of the executive 
            branch of Government and the regulatory agencies and 
            commissions of the Government. All such departments, 
            agencies, establishments, and regulatory agencies and 
            commissions shall furnish the Director any available 
            material which he determines to be necessary in the 
            performance of his duties and functions (other than material 
            the disclosure of which would be a violation of law). The 
            Director is also authorized, upon agreement with the head of 
            any such department, agency, establishment, or regulatory 
            agency or commission, to utilize its services, facilities, 
            and personnel with or without reimbursement; and the head of 
            each such department, agency, establishment, or regulatory 
            agency or commission is authorized to provide the Office 
            such services, facilities, and personnel.
            (e) Relationship to other agencies of Congress
                In carrying out the duties and functions of the Office, 
            and for the purpose of coordinating the operations of the 
            Office with those of other congressional agencies with a 
            view to utilizing most effectively the information, 
            services, and capabilities of all such agencies in carrying 
            out the various responsibilities assigned to each, the 
            Director is authorized

[[Page 499]]

            to obtain information, data, estimates, and statistics 
            developed by the Government Accountability Office, and the 
            Library of Congress, and (upon agreement with them) to 
            utilize their services, facilities, and personnel with or 
            without reimbursement. The Comptroller General, and the 
            Librarian of Congress, are authorized to provide the Office 
            with the information, data, estimates, and statistics, and 
            the services, facilities, and personnel, referred to in the 
            preceding sentence.
            (f) Revenue estimates
                For the purposes of revenue legislation which is income, 
            estate and gift, excise, and payroll taxes (i.e., Social 
            Security), considered or enacted in any session of Congress, 
            the Congressional Budget Office shall use exclusively during 
            that session of Congress revenue estimates provided to it by 
            the Joint Committee on Taxation. During that session of 
            Congress such revenue estimates shall be transmitted by the 
            Congressional Budget Office to any committee of the House of 
            Representatives or the Senate requesting such estimates, and 
            shall be used by such Committees in determining such 
            estimates. The Budget Committees of the Senate and House 
            shall determine all estimates with respect to scoring points 
            of order and with respect to the execution of the purposes 
            of this Act.
            (g) Authorization of appropriations
                There are authorized to be appropriated to the Office 
            for each fiscal year such sums as may be necessary to enable 
            it to carry out its duties and functions. Until sums are 
            first appropriated pursuant to the preceding sentence, but 
            for a period not exceeding 12 months following the effective 
            date of this subsection, the expenses of the Office shall be 
            paid from the contingent fund of the Senate, in accordance 
            with section 68 of this title, and upon vouchers approved by 
            the Director. (Pub.L. 93-344, Title II, Sec. 201, July 12, 
            1974, 88 Stat. 302; Pub.L. 99-177, Title II, Sec. 273, Dec. 
            12, 1985, 99 Stat. 1098; Pub.L. 101-508, Title XIII, 
            Sec. 13202, Nov. 5, 1990, 104 Stat. 1388-615; Pub.L. 105-33, 
            Title X, Sec. 10102, Aug. 5, 1997, 111 Stat. 678; Pub.L. 
            106-113, div. B, Sec. 1000(a)(5), Nov. 29, 1999, 113 Stat. 
            1536, 1501A-299; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 
            118 Stat. 814.)
       638  Sec. 602. Duties and functions.
            (a) Assistance to budget committees
                It shall be the primary duty and function of the Office 
            to provide to the Committees on the Budget of both Houses 
            information which will assist such committees in the 
            discharge of all matters within their jurisdictions, 
            including (1) information with respect to the budget, 
            appropriation bills, and other bills authorizing or 
            providing new budget authority or tax expenditures, (2) 
            information with respect to revenues, receipts, estimated 
            future revenues and receipts, and changing revenue 
            conditions, and (3) such related information as such 
            Committee may request.
            (b) Assistance to Committees on Appropriations, Ways and 
                Means, and Finance
                At the request of the Committee on Appropriations of 
            either House, the Committee on Ways and Means of the House 
            of Representatives, or the Committee on Finance of the 
            Senate, the Office shall provide

[[Page 500]]

            to such Committee any information which will assist it in 
            the discharge of matters within its jurisdiction, including 
            information described in clauses (1) and (2) of subsection 
            (a) of this section and such related information as the 
            Committee may request.
            (c) Assistance to other committees and members
                (1) At the request of any other committee of the House 
            of Representatives or the Senate or any joint committee of 
            the Congress, the Office shall provide to such committee or 
            joint committee any information compiled in carrying out 
            clauses (1) and (2) of subsection (a) of this section, and, 
            to the extent practicable, such additional information 
            related to the foregoing as may be requested.
                (2) At the request of any committee of the Senate or the 
            House of Representatives, the Office shall, to the extent 
            practicable, consult with and assist such committee in 
            analyzing the budgetary or financial impact of any proposed 
            legislation that may have--
                            (A) a significant budgetary impact on State, 
                        local, or tribal governments;
                            (B) a significant financial impact on the 
                        private sector; or
                            (C) a significant employment impact on the 
                        private sector.
                (3) At the request of any Member of the House or Senate, 
            the Office shall provide to such Member any information 
            compiled in carrying out clauses (1) and (2) of subsection 
            (a) of this section, and, to the extent available, such 
            additional information related to the foregoing as may be 
            requested.
            (d) Assignment of office personnel to committees and joint 
                committees
                At the request of the Committee on the Budget of either 
            House, personnel of the Office shall be assigned, on a 
            temporary basis, to assist such committee. At the request of 
            any other committee of either House or any joint committee 
            of the Congress, personnel of the Office may be assigned, on 
            a temporary basis, to assist such committee or joint 
            committee with respect to matters directly related to the 
            applicable provisions of subsection (b) or (c) of this 
            section.
            (e) Reports to budget committees
                (1) On or before February 15 of each year, the Director 
            shall submit to the Committees on the Budget of the House of 
            Representatives and the Senate a report, for the fiscal year 
            commencing on October 1 of that year, with respect to fiscal 
            policy, including (A) alternative levels of total revenues, 
            total new budget authority, and total outlays (including 
            related surpluses and deficits), (B) the levels of tax 
            expenditures under existing law, taking into account 
            projected economic factors and any changes in such levels 
            based on proposals in the budget submitted by the President 
            for such fiscal year. Such report shall also include a 
            discussion of national budget priorities, including 
            alternative ways of allocating new budget authority and 
            budget outlays for such fiscal year among major programs or 
            functional categories, taking into account how such 
            alternative allocations will meet major national needs and 
            affect balanced growth and development of the United States, 
            and (C) a statement of the levels of budget authority and 
            outlays for each program assumed to be extended in the 
            baseline, as provided in section 257(b)(2)(A) and for excise 
            taxes assumed to be extended under section

[[Page 501]]

            257(b)(2)(C) of the Balanced Budget and Emergency Deficit 
            Control Act of 1985. Such report shall also include a 
            discussion of national budget priorities, including 
            alternative ways of allocating new budget authority and 
            budget outlays for such fiscal year among major programs or 
            functional categories, taking into account how such 
            alternative allocations will meet major national needs and 
            affect balanced growth and development of the United States.
                (2) The Director shall from time to time submit to the 
            Committees on the Budget of the House of Representatives and 
            the Senate such further reports (including reports revising 
            the report required by paragraph (1)) as may be necessary or 
            appropriate to provide such Committees with information, 
            data, and analyses for the performance of their duties and 
            functions.
                (3) On or before January 15 of each year, the Director, 
            after consultation with the appropriate committees of the 
            House of Representatives and Senate, shall submit to the 
            Congress a report listing (A) all programs and activities 
            funded during the fiscal year ending September 30 of that 
            calendar year for which authorizations for appropriations 
            have not been enacted for that fiscal year, and (B) all 
            programs and activities for which authorizations for 
            appropriations have been enacted for the fiscal year ending 
            September 30 of that calendar year, but for which no 
            authorizations for appropriations have been enacted for the 
            fiscal year beginning October 1 of that calendar year.
            (f) Use of computers and other techniques
                The Director may equip the Office with up-to-date 
            computer capability (upon approval of the Committee on House 
            Oversight of the House of Representatives and the Committee 
            on Rules and Administration of the Senate), obtain the 
            services of experts and consultants in computer technology, 
            and develop techniques for the evaluation of budgetary 
            requirements.
            (g) Studies
                (1) Continuing studies
                            The Director of the Congressional Budget 
                        Office shall conduct continuing studies to 
                        enhance comparisons of budget outlays, credit 
                        authority, and tax expenditures.
                (2) Federal mandate studies
                            (A) At the request of any Chairman or 
                        ranking member of the minority of a Committee of 
                        the Senate or the House of Representatives, the 
                        Director shall, to the extent practicable, 
                        conduct a study of a legislative proposal 
                        containing a Federal mandate.
                            (B) In conducting a study on 
                        intergovernmental mandates under subparagraph 
                        (A), the Director shall--

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

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

[[Page 502]]

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

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

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

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

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

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

                                (iii) the effect of Federal private 
                            sector mandates in the bill or joint 
                            resolution on the national economy, 
                            including the effect on productivity, 
                            economic growth, full employment, creation 
                            of productive jobs, and international 
                            competitiveness of United States goods and 
                            services. (Pub.L. 93-344, Title II, 
                            Sec. 202(a)-(e)(1), (f), (g), July 12, 1974, 
                            88 Stat. 304, 305; Pub.L. 99-177, Title II, 
                            Sec. 221, Dec. 12, 1985, 99 Stat. 1060; 
                            Pub.L. 101-508, Title XIII, 
                            Sec. 13112(a)(3), Nov. 5, 1990, 104 Stat. 
                            1388-608; Pub.L. 104-4, Title I, 
                            Sec. 102(1), Mar. 22, 1995, 109 Stat. 60; 
                            Pub.L. 104-186, Title II, Sec. 213, Aug. 20, 
                            1996, 110 Stat. 1745; Pub.L. 105-33, Title 
                            X, Sec. 10103, Aug. 5, 1997, 111 Stat. 678.)

       639  Sec. 603. Public access to budget data.
            (a) Right to copy
                Except as provided in subsections (c), (d), and (e) of 
            this section, the Director shall make all information, data, 
            estimates, and statistics obtained under section 601(d) and 
            (e) of this title available for public copying during normal 
            business hours, subject to reasonable rules and regulations, 
            and shall to the extent practicable, at the request of any 
            person, furnish a copy of any such information, data, 
            estimates, or statistics upon payment by such person of the 
            cost of making and furnishing such copy.
            (b) Index
                The Director shall develop and maintain filing, coding, 
            and indexing systems that identify the information, data, 
            estimates, and statistics to which subsection (a) of this 
            section applies and shall make such systems available for 
            public use during normal business hours.

[[Page 503]]

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

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

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

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

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

            (d) Information obtained for committees and members
                Subsection (a) of this section shall apply to any 
            information, data, estimates, and statistics obtained at the 
            request of any committee, joint committee, or Member unless 
            such committee, joint committee, or Member has instructed 
            the Director not to make such information, data, estimates, 
            or statistics available for public copying.
            (e) Level of confidentiality
                With respect to information, data, estimates, and 
            statistics obtained under sections 201(d) and 201(e), the 
            Director shall maintain the same level of confidentiality as 
            is required by law of the department, agency, establishment, 
            or regulatory agency or commission from which it is 
            obtained. Officers and employees of the Congressional Budget 
            Office shall be subject to the same statutory penalties for 
            unauthorized disclosure or use as officers or employees of 
            the department, agency, establishment, or regulatory agency 
            or commission from which it is obtained.

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

                                   Effective Date
                Section effective on the day on which the first Director 
            of the Congressional Budget Office is appointed under 
            section 601(a) of this title, see section 905(b) of Pub.L. 
            93-344, set out as a note under section 621 of this title.
       640  Sec. 604. Omitted.
                                    Codification
                Section, Pub.L. 94-440, Title V, Sec. 500, Oct. 1, 1976, 
            90 Stat. 1452, the Legislative Appropriation Act, 1977, 
            which authorized the Congressional Budget Office to contract 
            without regard to section 5 of Title 41, Public Contracts, 
            applied to fiscal year 1977 and was not repeated in 
            subsequent appropriation acts.

[[Page 504]]


       641  Sec. 605. Sale or lease of property, supplies, or services.
                (a) Any sale or lease of property, supplies, or services 
            to the Congressional Budget Office shall be deemed to be a 
            sale or lease to the Congress subject to section 903 of the 
            Supplemental Appropriations Act, 1983 (2 U.S.C. 111b).
                (b) Subsection (a) shall apply with respect to fiscal 
            years beginning after September 30, 1996. (Pub.L. 104-197, 
            Title I, Sec. 104, Sept. 16, 1996, 110 Stat. 2404.)
                                    Codification
                Section was enacted as part of the appropriation act 
            cited as the credit to this section, and not as part of 
            Title II of the Congressional Budget and Impoundment Control 
            Act of 1974 which comprises this chapter.
       642  Sec. 606. Disposition of surplus or obsolete personal 
                property.
                (a) The Director of the Congressional Budget Office 
            shall have the authority, within the limits of available 
            appropriations, to dispose of surplus or obsolete personal 
            property by inter-agency transfer, donation, sale, trade-in, 
            or discarding. Amounts received for the sale or trade-in of 
            personal property shall be credited to funds available for 
            the operations of the Congressional Budget Office and be 
            available for the costs of acquiring the same or similar 
            property. Such funds shall be available for such purposes 
            during the fiscal year in which received and the following 
            fiscal year.
                (b) Subsection (a) shall apply with respect to fiscal 
            years beginning after September 30, 1996. (Pub.L. 104-197, 
            Title I, Sec. 105, Sept. 16, 1996, 110 Stat. 2404; Pub.L. 
            107-68, Title I, Sec. 126, Nov. 12, 2001, 115 Stat. 577.)
                                    Codification
                Section was enacted as part of the appropriation act 
            cited as the credit to this section, and not as part of 
            Title II of the Congressional Budget and Impoundment Control 
            Act of 1974 which comprises this chapter.
       643  Sec. 607. Lump-sum payments to separated employees for 
                unused annual leave.
                (a) The Director of the Congressional Budget Office 
            shall have the authority to make lump-sum payments to 
            separated employees of the Congressional Budget Office for 
            unused annual leave.
                (b) Subsection (a) shall apply with respect to fiscal 
            years beginning after September 30, 1996. (Pub.L. 104-197, 
            Title I, Sec. 106, Sept. 16, 1996, 110 Stat. 2404.)
                                    Codification
                Section was enacted as part of the appropriation act 
            cited as the credit to this section, and not as part of 
            Title II of the Congressional Budget and Impoundment Control 
            Act of 1974 which comprises this chapter.
       644  Sec. 608. Lump-sum payments to enhance staff recruitment and 
                to reward exceptional performance.
                (a) The Director of the Congressional Budget Office 
            shall have the authority to make lump-sum payments to 
            enhance staff recruitment

[[Page 505]]

            and to reward exceptional performance by an employee or a 
            group of employees.
                (b) Subsection (a) shall apply with respect to fiscal 
            years beginning after September 30, 1999. (Pub.L. 106-57, 
            Title I, Sec. 106, Sept. 29, 1999, 113 Stat. 418.)
       645  Sec. 610. Repayment of student loan on behalf of employee.
                (a) The Director of the Congressional Budget Office may, 
            in order to recruit or retain qualified personnel, establish 
            and maintain on and after November 12, 2001, a program under 
            which the Office may agree to repay (by direct payments on 
            behalf of the employee) all or a portion of any student loan 
            previously taken out by such employee.
                (b) The Director may, by regulation, make applicable 
            such provisions of section 5379 of Title 5, as the Director 
            determines necessary to provide for such program.
                (c) The regulations shall provide the amount paid by the 
            Office may not exceed--
                            (1) $6,000 for any employee in any calendar 
                        year; or
                            (2) a total of $40,000 in the case of any 
                        employee.
                (d) The Office may not reimburse an employee for any 
            repayments made by such employee prior to the Office 
            entering into an agreement under this section with such 
            employee.
                (e) Any amount repaid by, or recovered from, an 
            individual under this section and its implementing 
            regulations shall be credited to the appropriation account 
            available for salaries and expenses of the Office at the 
            time of repayment or recovery.
                (f) This section shall apply to fiscal year 2002 and 
            each fiscal year thereafter. (Pub.L. 107-68, Title I, 
            Sec. 127, Nov. 12, 2001, 115 Stat. 577.)
            
              Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

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

[[Page 506]]

                            (2) Budget authority and new budget 
                        authority

                                (A) In general

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

                                                (i) provisions of law 
                                            that make funds available 
                                            for obligation and 
                                            expenditure (other than 
                                            borrowing authority), 
                                            including the authority to 
                                            obligate and expend the 
                                            proceeds of offsetting 
                                            receipts and collections;
                                                (ii) borrowing 
                                            authority, which means 
                                            authority granted to a 
                                            Federal entity to borrow and 
                                            obligate and expend the 
                                            borrowed funds, including 
                                            through the issuance of 
                                            promissory notes or other 
                                            monetary credits;
                                                (iii) contract 
                                            authority, which means the 
                                            making of funds available 
                                            for obligation but not for 
                                            expenditure; and
                                                (iv) offsetting receipts 
                                            and collections as negative 
                                            budget authority, and the 
                                            reduction thereof as 
                                            positive budget authority.

                                (B) Limitations on budget authority

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

                                (C) New budget authority

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

                                                (i) budget authority 
                                            that first becomes available 
                                            for obligation in that year, 
                                            including budget authority 
                                            that becomes available in 
                                            that year's \1\ a result of 
                                            a reappropriation; or
                \1\ So in original. Probably should be ``as''.
                                                (ii) a change in any 
                                            account in the availability 
                                            of unobligated balances of 
                                            budget authority carried 
                                            over from a prior year, 
                                            resulting from a provision 
                                            of law first effective in 
                                            that year;
                            and includes a change in the estimated level 
                            of new budget authority provided in 
                            indefinite amounts by existing law.
                            (3) The term ``tax expenditures'' means 
                        those revenue losses attributable to provisions 
                        of the Federal tax laws which allow a special 
                        exclusion, exemption, or deduction from gross 
                        income or which provide a special credit, a 
                        preferential rate of tax, or a deferral of tax 
                        liability; and the term ``tax expenditures 
                        budget'' means an enumeration of such tax 
                        expenditures.
                            (4) The term ``concurrent resolution on the 
                        budget'' means--

                                (A) a concurrent resolution setting 
                            forth the congressional budget for the 
                            United States Government for a fiscal year 
                            as provided in section 632 of this title; 
                            and

[[Page 507]]

                                (B) any other concurrent resolution 
                            revising the congressional budget for the 
                            United States Government for a fiscal year 
                            as described in section 635 of this title.

                            (5) The term ``appropriation Act'' means an 
                        Act referred to in section 105 of Title 1.
                            (6) The term ``deficit'' means, with respect 
                        to a fiscal year, the amount by which outlays 
                        exceeds receipts during that year.
                            (7) The term ``surplus'' means, with respect 
                        to a fiscal year, the amount by which receipts 
                        exceeds outlays during that year.
                            (8) The term ``government-sponsored 
                        enterprise'' means a corporate entity created by 
                        a law of the United States that--

                                (A)(i) has a Federal charter authorized 
                            by law;

                                (ii) is privately owned, as evidenced by 
                            capital stock owned by private entities or 
                            individuals;

                                (iii) is under the direction of a board 
                            of directors, a majority of which is elected 
                            by private owners;

                                (iv) is a financial institution with 
                            power to--

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

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

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

                                (ii) does not have the power to commit 
                            the Government financially (but it may be a 
                            recipient of a loan guarantee commitment 
                            made by the Government); and

                                (iii) has employees whose salaries and 
                            expenses are paid by the enterprise and are 
                            not Federal employees subject to Title 5 of 
                            the United States Code.

                            (9) The term ``entitlement authority'' 
                        means--

                                (A) the authority to make payments 
                            (including loans and grants), the budget 
                            authority for which is not provided for in 
                            advance by appropriation Acts, to any person 
                            or government if, under the provisions of 
                            the law containing that authority, the 
                            United States is obligated to make such 
                            payments to persons or governments who meet 
                            the requirements established by that law; 
                            and

                                (B) the food stamp program.

                            (10) The term ``credit authority'' means 
                        authority to incur direct loan obligations or to 
                        incur primary loan guarantee commitments. 
                        (Pub.L. 93-344, Sec. 3, July 12, 1974, 88 Stat. 
                        299; Aug. 1, 1946, ch. 724, Title I, 
                        Sec. 302(c), as added Aug. 30, 1954, ch. 1073, 
                        Sec. 1, as added Pub.L. 95-110, Sec. 1, Sept. 
                        20, 1977, 91 Stat. 884; Pub.L. 99-177, Title II, 
                        Sec. Sec. 201(a), 232(b), Dec. 12, 1985, 99 
                        Stat. 1039, 1062; Pub.L. 99-514, Sec. 2, Oct. 
                        22, 1986, 100 Stat. 2095; Pub.L. 100-119, Title 
                        I, Sec. 106(a), Sept. 29, 1987, 101 Stat. 780; 
                        Pub.L. 100-203, Title VIII, Sec. 8003(c), Dec. 
                        22, 1987, 101 Stat. 1330-282; Pub.L. 101-508, 
                        Title XIII, Sec. Sec. 13112(a)(2), 13201(b)(1), 
                        13211(a), Nov. 5, 1990, 104 Stat. 1388-607, 
                        Sec. Sec. 1388-614, 1388-620; Pub.L. 102-486, 
                        Title

[[Page 508]]

                        IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
                        2944; Pub.L. 105-33, Title X, Sec. 10101, Aug. 
                        5, 1997, 111 Stat. 678.)
       648  Sec. 623. Continuing study of additional budget reform 
                proposals.
                (a) The Committees on the Budget of the House of 
            Representatives and the Senate shall study on a continuing 
            basis proposals designed to improve and facilitate methods 
            of congressional budgetmaking. The proposals to be studied 
            shall include, but are not limited to, proposals for--
                            (1) improving the information base required 
                        for determining the effectiveness of new 
                        programs by such means as pilot testing survey 
                        research, and other experimental and analytical 
                        techniques;
                            (2) improving analytical and systematic 
                        evaluation of the effectiveness of existing 
                        programs;
                            (3) establishing maximum and minimum time 
                        limitations for program authorization; and
                            (4) developing techniques of human resource 
                        accounting and other means of providing 
                        noneconomic as well as economic evaluation 
                        measures.
                (b) The Committee on the Budget of each House shall, 
            from time to time, report to its House the results of the 
            study carried on by it under subsection (a) of this section, 
            together with its recommendations.
                (c) Nothing in this section shall preclude studies to 
            improve the budgetary process by any other committee of the 
            House of Representatives or the Senate or any joint 
            committee of the Congress. (Pub.L. 93-344, Title VII, 
            Sec. 703, July 12, 1974, 88 Stat. 326.)
            
                     Subchapter I.--Congressional Budget Process

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

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

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

[[Page 509]]


       650  Sec. 632. Annual adoption of concurrent resolution on the 
                budget.
            (a) Content of concurrent resolution on the budget
                On or before April 15 of each year, the Congress shall 
            complete action on a concurrent resolution on the budget for 
            the fiscal year beginning on October 1 of such year. The 
            concurrent resolution shall set forth appropriate levels for 
            the fiscal year beginning on October 1 of such year and for 
            at least each of the 4 ensuing fiscal years for the 
            following--
                            (1) totals of new budget authority and 
                        outlays;
                            (2) total Federal revenues and the amount, 
                        if any, by which the aggregate level of Federal 
                        revenues should be increased or decreased by 
                        bills and resolutions to be reported by the 
                        appropriate committees;
                            (3) the surplus or deficit in the budget;
                            (4) new budget authority and outlays for 
                        each major functional category, based on 
                        allocations of the total levels set forth 
                        pursuant to paragraph (1);
                            (5) the public debt;
                            (6) For \1\ purposes of Senate enforcement 
                        under this subchapter, outlays of the old-age, 
                        survivors, and disability insurance program 
                        established under Title II of the Social 
                        Security Act [42 U.S.C. 401 et seq.] for the 
                        fiscal year of the resolution and for each of 
                        the 4 succeeding fiscal years; and
                \1\ So in original. Probably should be ``for''.
                            (7) For \2\ purposes of Senate enforcement 
                        under this subchapter, revenues of the old-age, 
                        survivors, and disability insurance program 
                        established under Title II of the Social 
                        Security Act (and the related provisions of 
                        Title 26) for the fiscal year of the resolution 
                        and for each of the 4 succeeding fiscal years.
                \2\ So in original. Probably should be ``for''.

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

            (b) Additional matters in concurrent resolution
                The concurrent resolution on the budget may--
                            (1) set forth, if required by subsection (f) 
                        of this section, the calendar year in which, in 
                        the opinion of the Congress, the goals for 
                        reducing unemployment set forth in section 4(b) 
                        of the Employment Act of 1946 [15 U.S.C. 
                        1022a(b)] should be achieved;
                            (2) include reconciliation directives 
                        described in section 641 of this title;
                            (3) require a procedure under which all or 
                        certain bills or resolutions providing new 
                        budget authority or new entitlement authority 
                        for such fiscal year shall not be enrolled until 
                        the Congress has completed action on any 
                        reconciliation bill or reconciliation resolution 
                        or both required by such concurrent resolution 
                        to be reported in accordance with section 641(b) 
                        of this title;

[[Page 510]]

                            (4) set forth such other matters, and 
                        require such other procedures, relating to the 
                        budget, as may be appropriate to carry out the 
                        purposes of this Act;
                            (5) include a heading entitled ``Debt 
                        Increase as Measure of Deficit'' in which the 
                        concurrent resolution shall set forth the 
                        amounts by which the debt subject to limit (in 
                        section 3101 of Title 31) has increased or would 
                        increase in each of the relevant fiscal years;
                            (6) include a heading entitled ``Display of 
                        Federal Retirement Trust Fund Balances'' in 
                        which the concurrent resolution shall set forth 
                        the balances of the Federal retirement trust 
                        funds.
                            (7) set forth procedures in the Senate 
                        whereby committee allocations, aggregates, and 
                        other levels can be revised for legislation if 
                        that legislation would not increase the deficit, 
                        or would not increase the deficit when taken 
                        with other legislation enacted after the 
                        adoption of the resolution, for the first fiscal 
                        year or the total period of fiscal years covered 
                        by the resolution;
                            (8) set forth procedures to effectuate pay-
                        as-you-go in the House of Representatives; and
                            (9) set forth direct loan obligation and 
                        primary loan guarantee commitment levels.
            (c) Consideration of procedures or matters which have effect 
                of changing any rule of House
                If the Committee on the Budget of the House of 
            Representatives reports any concurrent resolution on the 
            budget which includes any procedure or matter which has the 
            effect of changing any rule of the House of Representatives, 
            such concurrent resolution shall then be referred to the 
            Committee on Rules with instructions to report it within 
            five calendar days (not counting any day on which the House 
            is not in session). The Committee on Rules shall have 
            jurisdiction to report any concurrent resolution referred to 
            it under this paragraph with an amendment or amendments 
            changing or striking out any such procedure or matter.
            (d) Views and estimates of other committees
                Within 6 weeks after the President submits a budget 
            under section 1105(a) of Title 31, or at such time as may be 
            requested by the Committee on the Budget, each committee of 
            the House of Representatives having legislative jurisdiction 
            shall submit to the Committee on the Budget of the House and 
            each committee of the Senate having legislative jurisdiction 
            shall submit to the Committee on the Budget of the Senate 
            its views and estimates (as determined by the committee 
            making such submission) with respect to all matters set 
            forth in subsections (a) and (b) of this section which 
            relate to matters within the jurisdiction or functions of 
            such committee. The Joint Economic Committee shall submit to 
            the Committees on the Budget of both Houses its 
            recommendations as to the fiscal policy appropriate to the 
            goals of the Employment Act of 1946 [15 U.S.C. 1021 et 
            seq.]. Any other committee of the House of Representatives 
            or the Senate may submit to the Committee on the Budget of 
            its House, and any joint committee of the Congress may 
            submit to the Committees on the Budget of both Houses, its 
            views and estimates with respect to all matters set forth in 
            subsections (a) and (b) of this section which relate to 
            matters within its jurisdiction or functions. Any Committee 
            of the House of Representatives or the

[[Page 511]]

            Senate that anticipates that the committee will consider any 
            proposed legislation establishing, amending, or 
            reauthorizing any Federal program likely to have a 
            significant budgetary impact on any State, local, or tribal 
            government, or likely to have a significant financial impact 
            on the private sector, including any legislative proposal 
            submitted by the executive branch likely to have such a 
            budgetary or financial impact, shall include its views and 
            estimates on that proposal to the Committee on the Budget of 
            the applicable House.
            (e) Hearings and report
                (1) In general
                            In developing the concurrent resolution on 
                        the budget referred to in subsection (a) of this 
                        section for each fiscal year, the Committee on 
                        the Budget of each House shall hold hearings and 
                        shall receive testimony from Members of Congress 
                        and such appropriate representatives of Federal 
                        departments and agencies, the general public, 
                        and national organizations as the committee 
                        deems desirable. Each of the recommendations as 
                        to short-term and medium-term goals set forth in 
                        the report submitted by the members of the Joint 
                        Economic Committee under subsection (d) of this 
                        section may be considered by the Committee on 
                        the Budget of each House as part of its 
                        consideration of such concurrent resolution, and 
                        its report may reflect its views thereon, 
                        including its views on how the estimates of 
                        revenues and levels of budget authority and 
                        outlays set forth in such concurrent resolution 
                        are designed to achieve any goals it is 
                        recommending.
                (2) Required contents of report
                The report accompanying the resolution shall include--
                            (A) a comparison of the levels of total new 
                        budget authority, total outlays, total revenues, 
                        and the surplus or deficit for each fiscal year 
                        set forth in the resolution with those requested 
                        in the budget submitted by the President;
                            (B) with respect to each major functional 
                        category, an estimate of total new budget 
                        authority and total outlays, with the estimates 
                        divided between discretionary and mandatory 
                        amounts;
                            (C) the economic assumptions that underlie 
                        each of the matters set forth in the resolution 
                        and any alternative economic assumptions and 
                        objectives the committee considered;
                            (D) information, data, and comparisons 
                        indicating the manner in which, and the basis on 
                        which, the committee determined each of the 
                        matters set forth in the resolution;
                            (E) the estimated levels of tax expenditures 
                        (the tax expenditures budget) by major items and 
                        functional categories for the President's budget 
                        and in the resolution; and
                            (F) allocations described in section 633(a) 
                        of this title.
                (3) Additional contents of report
                            The report accompanying the resolution may 
                        include--
                            (A) a statement of any significant changes 
                        in the proposed levels of Federal assistance to 
                        State and local governments;
                            (B) an allocation of the level of Federal 
                        revenues recommended in the resolution among the 
                        major sources of such revenues;
                            (C) information, data, and comparisons on 
                        the share of total Federal budget outlays and of 
                        gross domestic product devoted to investment in 
                        the budget submitted by the President and in the 
                        resolution;

[[Page 512]]

                            (D) the assumed levels of budget authority 
                        and outlays for public buildings, with a 
                        division between amounts for construction and 
                        repair and for rental payments; and
                            (E) other matters, relating to the budget 
                        and to fiscal policy, that the committee deems 
                        appropriate.
            (f) Achievement of goals for reducing unemployment
                (1) If, pursuant to section 4(c) of the Employment Act 
            of 1946 [15 U.S.C. 1022a(c)], the President recommends in 
            the Economic Report that the goals for reducing unemployment 
            set forth in section 4(b) of such Act [15 U.S.C. 1022a(b)] 
            be achieved in a year after the close of the five-year 
            period prescribed by such subsection, the concurrent 
            resolution on the budget for the fiscal year beginning after 
            the date on which such Economic Report is received by the 
            Congress may set forth the year in which, in the opinion of 
            the Congress, such goals can be achieved.
                (2) After the Congress has expressed its opinion 
            pursuant to paragraph (1) as to the year in which the goals 
            for reducing unemployment set forth in section 4(b) of the 
            Employment Act of 1946 [15 U.S.C. 1022a(b)] can be achieved, 
            if, pursuant to section 4(e) of such Act [15 U.S.C. 
            1022a(e)], the President recommends in the Economic Report 
            that such goals be achieved in a year which is different 
            from the year in which the Congress has expressed its 
            opinion that such goals should be achieved, either in its 
            action pursuant to paragraph (1) or in its most recent 
            action pursuant to this paragraph, the concurrent resolution 
            on the budget for the fiscal year beginning after the date 
            on which such Economic Report is received by the Congress 
            may set forth the year in which, in the opinion of the 
            Congress, such goals can be achieved.
                (3) It shall be in order to amend the provision of such 
            resolution setting forth such year only if the amendment 
            thereto also proposes to alter the estimates, amounts, and 
            levels (as described in subsection (a) of this section) set 
            forth in such resolution in germane fashion in order to be 
            consistent with the economic goals (as described in sections 
            3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C. 
            1022(a)(2), 1022a(b)]) which such amendment proposes can be 
            achieved by the year specified in such amendment.
            (g) Economic assumptions
                (1) It shall not be in order in the Senate to consider 
            any concurrent resolution on the budget for a fiscal year, 
            or any amendment thereto, or any conference report thereon, 
            that sets forth amounts and levels that are determined on 
            the basis of more than one set of economic and technical 
            assumptions.
                (2) The joint explanatory statement accompanying a 
            conference report on a concurrent resolution on the budget 
            shall set forth the common economic assumptions upon which 
            such joint statement and conference report are based, or 
            upon which any amendment contained in the joint explanatory 
            statement to be proposed by the conferees in the case of 
            technical disagreement, is based.
                (3) Subject to periodic reestimation based on changed 
            economic conditions or technical estimates, determinations 
            under Titles III and IV of the Congressional Budget Act of 
            1974 shall be based upon such common economic and technical 
            assumptions.

[[Page 513]]

            (h) Budget Committee's consultation with committees
                The Committee on the Budget of the House of 
            Representatives shall consult with the committees of its 
            House having legislative jurisdiction during the 
            preparation, consideration, and enforcement of the 
            concurrent resolution on the budget with respect to all 
            matters which relate to the jurisdiction or functions of 
            such committees.
            (i) Social security point of order
                It shall not be in order in the Senate to consider any 
            concurrent resolution on the budget (or amendment, motion, 
            or conference report on the resolution) that would decrease 
            the excess of social security revenues over social security 
            outlays in any of the fiscal years covered by the concurrent 
            resolution. No change in chapter 1 of the Internal Revenue 
            Code of 1986 shall be treated as affecting the amount of 
            social security revenues unless such provision changes the 
            income tax treatment of social security benefits. (Pub.L. 
            93-344, Title III, Sec. 301, July 12, 1974, 88 Stat. 306; 
            Pub.L. 95-523, Title III, Sec. Sec. 303(a), 304, Oct. 27, 
            1978, 92 Stat. 1905, 1906; Pub.L. 99-177, Title II, 
            Sec. 201(b), Dec. 12, 1985, 99 Stat. 1040; Pub.L. 100-119, 
            Title I, Sec. 106(d), Title II, Sec. 208(a), Sept. 29, 1987, 
            101 Stat. 781, 786; Pub.L. 100-418, Title V, Sec. 5302, Aug. 
            23, 1988, 102 Stat. 1462; Pub.L. 101-508, Title XIII, 
            Sec. 13112(a)(5), 13203, 13204, 13301(b), 13303(a), (b), 
            Nov. 5, 1990, 104 Stat. 1388-608, 1388-615, 1388-616, 1388-
            623, 1388-625; Pub.L. 104-4, Title I, Sec. 102(2), Mar. 22, 
            1995, 109 Stat. 62; Pub.L. 105-33, Title X, Sec. 10105(a)-
            (f)(1), Aug. 5, 1997, 111 Stat. 679.)
       651  Sec. 633. Committee allocations.
            (a) Committee spending allocations
                (1) Allocation among committees
                            The joint explanatory statement accompanying 
                        a conference report on a concurrent resolution 
                        on the budget shall include an allocation, 
                        consistent with the resolution recommended in 
                        the conference report, of the levels for the 
                        first fiscal year of the resolution, for at 
                        least each of the ensuing 4 fiscal years, and a 
                        total for that period of fiscal years (except in 
                        the case of the Committee on Appropriations only 
                        for the fiscal year of that resolution) of--

                                (A) total new budget authority; and

                                (B) total outlays;

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

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

                            (B) In the House

[[Page 514]]

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

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

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

                (4) Amounts not allocated
                            In the House of Representatives or the 
                        Senate, if a committee receives no allocation of 
                        new budget authority or outlays, that committee 
                        shall be deemed to have received an allocation 
                        equal to zero for new budget authority or 
                        outlays.
                (5) Adjusting allocation of discretionary spending in 
            the House of Representatives
                            (A) If a concurrent resolution on the budget 
                        is not adopted by April 15, the chairman of the 
                        Committee on the Budget of the House of 
                        Representatives shall submit to the House, as 
                        soon as practicable, an allocation under 
                        paragraph (1) to the Committee on Appropriations 
                        consistent with the discretionary spending 
                        levels in the most recently agreed to concurrent 
                        resolution on the budget for the appropriate 
                        fiscal year covered by that resolution.
                            (B) As soon as practicable after an 
                        allocation under paragraph (1) is submitted 
                        under this section, the Committee on 
                        Appropriations shall make suballocations and 
                        report those suballocations to the House of 
                        Representatives.
            (b) Suballocations by Appropriations Committees
                As soon as practicable after a concurrent resolution on 
            the budget is agreed to, the Committee on Appropriations of 
            each House (after consulting with the Committee on 
            Appropriations of the other House) shall suballocate each 
            amount allocated to it for the budget year under subsection 
            (a) of this section among its subcommittees. Each Committee 
            on Appropriations shall promptly report to its House 
            suballocations made or revised under this subsection. The 
            Committee on Appropriations of the House of Representatives 
            shall further divide among its subcommittees the divisions 
            made under subsection (a)(3)(B) of this section and promptly 
            report those divisions to the House.
            (c) Point of order
                After the Committee on Appropriations has received an 
            allocation pursuant to subsection (a) of this section for a 
            fiscal year, it shall not be in order in the House of 
            Representatives or the Senate to consider any bill, joint 
            resolution, amendment, motion, or conference report within 
            the jurisdiction of that committee providing new budget 
            authority for that fiscal year, until that committee makes 
            the suballocations required by subsection (b) of this 
            section.

[[Page 515]]

            (d) Subsequent concurrent resolutions
                In the case of a concurrent resolution on the budget 
            referred to in section 635 of this title, the allocations 
            under subsection (a) of this section and the subdivisions 
            under subsection (b) of this section shall be required only 
            to the extent necessary to take into account revisions made 
            in the most recently agreed to concurrent resolution on the 
            budget.
            (e) Alteration of allocations
                At any time after a committee reports the allocations 
            required to be made under subsection (b) of this section, 
            such committee may report to its House an alteration of such 
            allocations. Any alteration of such allocations must be 
            consistent with any actions already taken by its House on 
            legislation within the committee's jurisdiction.
            (f) Legislation subject to point of order
                (1) In the House of Representatives
                            After the Congress has completed action on a 
                        concurrent resolution on the budget for a fiscal 
                        year, it shall not be in order in the House of 
                        Representatives to consider any bill, joint 
                        resolution, or amendment providing new budget 
                        authority for any fiscal year, or any conference 
                        report on any such bill or joint resolution, 
                        if--

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

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

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

                    would cause the applicable allocation of new budget 
                    authority made under subsection (a) or (b) of this 
                    section for the first fiscal year or the total of 
                    fiscal years to be exceeded.
                (2) In the Senate
                            After a concurrent resolution on the budget 
                        is agreed to, it shall not be in order in the 
                        Senate to consider any bill, joint resolution, 
                        amendment, motion, or conference report that 
                        would cause--

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

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

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

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

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

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

                    would not increase the deficit, and, if the sum of 
                    any revenue increases provided in legislation 
                    already enacted during the current session (when 
                    added to revenue increases, if any, in excess of any

[[Page 516]]

                    outlay increase provided by the legislation proposed 
                    for consideration) is at least as great as the sum 
                    of the amount, if any, by which the aggregate level 
                    of Federal revenues should be increased as set forth 
                    in that concurrent resolution and the amount, if 
                    any, by which revenues are to be increased pursuant 
                    to pay-as-you-go procedures under section 632(b)(8) 
                    of this title, if included in that concurrent 
                    resolution.
                            (B) Section 642(a) of this title, as that 
                        section applies to revenues, shall not apply to 
                        any bill, joint resolution, amendment thereto, 
                        or conference report thereon if, for each fiscal 
                        year covered by the most recently agreed to 
                        concurrent resolution on the budget--

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

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

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

                    would not increase the deficit, and, if the sum of 
                    any outlay reductions provided in legislation 
                    already enacted during the current session (when 
                    added to outlay reductions, if any, in excess of any 
                    revenue reduction provided by the legislation 
                    proposed for consideration) is at least as great as 
                    the sum of the amount, if any, by which the 
                    aggregate level of Federal outlays should be reduced 
                    as required by that concurrent resolution and the 
                    amount, if any, by which outlays are to be reduced 
                    pursuant to pay-as-you-go procedures under section 
                    632(b)(8) of this title, if included in that 
                    concurrent resolution.
                (2) Revised allocations
                            (A) As soon as practicable after Congress 
                        agrees to a bill or joint resolution that would 
                        have been subject to a point of order under 
                        subsection (f)(1) of this section but for the 
                        exception provided in paragraph (1)(A) or would 
                        have been subject to a point of order under 
                        section 642(a) of this title but for the 
                        exception provided in paragraph (1)(B), the 
                        chairman of the committee on the Budget of the 
                        House of Representatives shall file with the 
                        House appropriately revised allocations under 
                        section 633(a) of this title and revised 
                        functional levels and budget aggregates to 
                        reflect that bill.
                            (B) Such revised allocations, functional 
                        levels, and budget aggregates shall be 
                        considered for the purposes of this Act as 
                        allocations, functional levels, and budget 
                        aggregates contained in the most recently agreed 
                        to concurrent resolution on the budget. (Pub.L. 
                        93-344, Title III, Sec. 302, July 12, 1974, 88 
                        Stat. 308; Pub.L. 99-177, Title II, Sec. 201(b), 
                        Dec. 12, 1985, 99 Stat. 1044; Pub.L. 101-508, 
                        Title XIII, Sec. Sec. 13112(a)(6), (7), 
                        13201(b)(2), (3), 13207(a)(1)(A), (B), (2), 
                        13303(c), Nov. 5, 1990, 104 Stat. 1388-608, 
                        1388-614, 1388-617, 1388-618, 1388-625; Pub.L. 
                        105-33, Title X, Sec. 10106, Aug. 5, 1997, 111 
                        Stat. 680.)
       652  Sec. 634. Concurrent resolution on the budget must be 
                adopted before budget-related legislation is considered.
            (a) In general
                Until the concurrent resolution on the budget for a 
            fiscal year has been agreed to, it shall not be in order in 
            the House of Representatives, with respect to the first 
            fiscal year covered by that resolution, or the Senate, with 
            respect to any fiscal year covered by that resolution, to

[[Page 517]]

            consider any bill or joint resolution, amendment or motion 
            thereto, or conference report thereon that--
                            (1) first provides new budget authority for 
                        that fiscal year;
                            (2) first provides an increase or decrease 
                        in revenues during that fiscal year;
                            (3) provides an increase or decrease in the 
                        public debt limit to become effective during 
                        that fiscal year;
                            (4) in the Senate only, first provides new 
                        entitlement authority for that fiscal year; or
                            (5) in the Senate only, first provides for 
                        an increase or decrease in outlays for that 
                        fiscal year.
            (b) Exceptions in the House
                In the House of Representatives, subsection (a) of this 
            section does not apply--
                            (1)(A) to any bill or joint resolution, as 
                        reported, providing advance discretionary new 
                        budget authority that first becomes available 
                        for the first or second fiscal year after the 
                        budget year; or
                            (B) to any bill or joint resolution, as 
                        reported, first increasing or decreasing 
                        revenues in a fiscal year following the fiscal 
                        year to which the concurrent resolution applies;
                            (2) after May 15, to any general 
                        appropriation bill or amendment thereto; or
                            (3) to any bill or joint resolution unless 
                        it is reported by a committee.
            (c) Application to appropriation measures in the Senate
                (1) In general
                            Until the concurrent resolution on the 
                        budget for a fiscal year has been agreed to and 
                        an allocation has been made to the Committee on 
                        Appropriations of the Senate under section 
                        633(a) of this title for that year, it shall not 
                        be in order in the Senate to consider any 
                        appropriation bill or joint resolution, 
                        amendment or motion thereto, or conference 
                        report thereon for that year or any subsequent 
                        year.
                (2) Exception
                            Paragraph (1) does not apply to 
                        appropriations legislation making advance 
                        appropriations for the first or second fiscal 
                        year after the year the allocation referred to 
                        in that paragraph is made. (Pub.L. 93-344, Title 
                        III, Sec. 303, July 12, 1974, 88 Stat. 309; 
                        Pub.L. 99-177, Title II, Sec. 201(b), Dec. 12, 
                        1985, 99 Stat. 1046; Pub.L. 101-508, Title XIII, 
                        Sec. Sec. 13205, 13207(a)(1)(C), Nov. 5, 1990, 
                        104 Stat. 1388-616, 1388-617; Pub.L. 105-33, 
                        Title X, Sec. 10107(a), Aug. 5, 1997, 111 Stat. 
                        683.)
       653  Sec. 635. Permissible revisions of concurrent resolutions on 
                the budget.
                At any time after the concurrent resolution on the 
            budget for a fiscal year has been agreed to pursuant to 
            section 632 of this title, and before the end of such fiscal 
            year, the two Houses may adopt a concurrent resolution on 
            the budget which revises or reaffirms the concurrent 
            resolution on the budget for such fiscal year most recently 
            agreed to. (Pub.L. 93-344, Title III, Sec. 304, July 12, 
            1974, 88 Stat. 310; Pub.L. 99-177, Title II, Sec. 201(b), 
            Dec. 12, 1985, 99 Stat. 1047; Pub.L. 100-119, Title

[[Page 518]]

            II, Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub.L. 101-
            508, Title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 
            1388-608; Pub.L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 
            111 Stat. 684.)
       654  Sec. 636. Provisions relating to consideration of concurrent 
                resolutions on the budget.
            (a) Procedure in House after report of Committee; debate
                (1) When a concurrent resolution on the budget has been 
            reported by the Committee on the Budget of the House of 
            Representatives and has been referred to the appropriate 
            calendar of the House, it shall be in order on any day 
            thereafter, subject to clause 2(l)(6) of rule XI of the 
            Rules of the House of Representatives, to move to proceed to 
            the consideration of the concurrent resolution. The motion 
            is highly privileged and is not debatable. An amendment to 
            the motion is not in order and it is not in order to move to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to.
                (2) General debate on any concurrent resolution on the 
            budget in the House of Representatives shall be limited to 
            not more than 10 hours, which shall be divided equally 
            between the majority and minority parties, plus such 
            additional hours of debate as are consumed pursuant to 
            paragraph (3). A motion further to limit debate is not 
            debatable. A motion to recommit the concurrent resolution is 
            not in order, and it is not in order to move to reconsider 
            the vote by which the concurrent resolution is agreed to or 
            disagreed to.
                (3) Following the presentation of opening statements on 
            the concurrent resolution on the budget for a fiscal year by 
            the chairman and ranking minority member of the Committee on 
            the Budget of the House, there shall be a period of up to 
            four hours for debate on economic goals and policies.
                (4) Only if a concurrent resolution on the budget 
            reported by the Committee on the Budget of the House sets 
            forth the economic goals (as described in sections 
            1022(a)(2) and 1022a(b) of Title 15) which the estimates, 
            amounts, and levels (as described in section 632(a) of this 
            title) set forth in such resolution are designed to achieve, 
            shall it be in order to offer to such resolution an 
            amendment relating to such goals, and such amendment shall 
            be in order only if it also proposes to alter such 
            estimates, amounts, and levels in germane fashion in order 
            to be consistent with the goals proposed in such amendment.
                (5) Consideration of any concurrent resolution on the 
            budget by the House of Representatives shall be in the 
            Committee of the Whole, and the resolution shall be 
            considered for amendment under the five-minute rule in 
            accordance with the applicable provisions of rule XXIII \1\ 
            of the Rules of the House of Representatives. After the 
            Committee rises and reports the resolution back to the 
            House, the previous question shall be considered as ordered 
            on the resolution and any amendments thereto to final 
            passage without intervening motion; except that it shall be 
            in order at any time prior to final passage (notwithstanding 
            any other rule or provision of law) to adopt an amendment 
            (or a series of amendments) changing any figure or figures 
            in the resolution as so reported to the extent necessary to 
            achieve mathematical consistency.
                \1\ Recodified at the beginning of the 106th Congress as 
                rule XVIII.

[[Page 519]]

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

[[Page 520]]

            on any such motion to recommit shall be limited to 1 hour, 
            to be equally divided between, and controlled by, the mover 
            and the manager of the concurrent resolution.
                (6) Notwithstanding any other rule, an amendment or 
            series of amendments to a concurrent resolution on the 
            budget proposed in the Senate shall always be in order if 
            such amendment or series of amendments proposes to change 
            any figure or figures then contained in such concurrent 
            resolution so as to make such concurrent resolution 
            mathematically consistent or so as to maintain such 
            consistency.
            (c) Action on conference reports in Senate
                (1) A motion to proceed to the consideration of the 
            conference report on any concurrent resolution on the budget 
            (or a reconciliation bill or resolution) may be made even 
            though a previous motion to the same effect has been 
            disagreed to.
                (2) During the consideration in the Senate of the 
            conference report (or a message between Houses) on any 
            concurrent resolution on the budget, and all amendments in 
            disagreement, and all amendments thereto, and debatable 
            motions and appeals in connection therewith, debate shall be 
            limited to 10 hours, to be equally divided between, and 
            controlled by, the majority leader and minority leader or 
            their designees. Debate on any debatable motion or appeal 
            related to the conference report (or a message between 
            Houses) shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            conference report.
                (3) Should the conference report be defeated, debate on 
            any request for a new conference and the appointment of 
            conferees shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the manager of the conference 
            report and the minority leader or his designee, and should 
            any motion be made to instruct the conferees before the 
            conferees are named, debate on such motion shall be limited 
            to one-half hour, to be equally divided between, and 
            controlled by, the mover and the manager of the conference 
            report. Debate on any amendment to any such instructions 
            shall be limited to 20 minutes, to be equally divided 
            between and controlled by the mover and the manager of the 
            conference report. In all cases when the manager of the 
            conference report is in favor of any motion, appeal, or 
            amendment, the time in opposition shall be under the control 
            of the minority leader or his designee.
                (4) In any case in which there are amendments in 
            disagreement, time on each amendment shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the manager of the conference report and the minority leader 
            or his designee. No amendment that is not germane to the 
            provisions of such amendments shall be received.
            (d) Concurrent resolution must be consistent in Senate
                It shall not be in order in the Senate to vote on the 
            question of agreeing to--
                            (1) a concurrent resolution on the budget 
                        unless the figures then contained in such 
                        resolution are mathematically consistent; or
                            (2) a conference report on a concurrent 
                        resolution on the budget unless the figures 
                        contained in such resolution, as recommended in 
                        such conference report, are mathematically 
                        consistent. (Pub.L. 93-344, Title III, Sec. 305, 
                        July 12, 1974, 88 Stat. 310; Pub.L. 95-523, 
                        Title III, Sec. 303(b), (c), Oct. 27, 1978, 92 
                        Stat. 1905, 1906; Pub.L.

[[Page 521]]

                        99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 
                        Stat. 1047; Pub.L. 100-119, Title II, Sec. 209, 
                        Sept. 29, 1987, 101 Stat. 787; Pub.L. 100-203 
                        Title VIII, Sec. 8003(d), Dec. 22, 1987, 101 
                        Stat. 1330-282; Pub.L. 101-508, Title XIII, 
                        Sec. 13209, 13210(1), Nov. 5, 1990, 104 Stat. 
                        1388-619, 1388-620; Pub.L. 105-33, Title X, 
                        Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684.)
       655  Sec. 637. Legislation dealing with Congressional budget must 
                be handled by Budget Committees.
                No bill, resolution, amendment, motion, or conference 
            report, dealing with any matter which is within the 
            jurisdiction of the committee on the Budget of either House 
            shall be considered in that House unless it is a bill or 
            resolution which has been reported by the Committee on the 
            Budget of that House (or from the consideration of which 
            such committee has been discharged) or unless it is an 
            amendment to such a bill or resolution. (Pub.L. 93-344, 
            Title III, Sec. 306, July 12, 1974, 88 Stat. 313; Pub.L. 99-
            177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1050; 
            Pub.L. 101-508, Title XIII, Sec. 13207(a)(1)(D), Nov. 5, 
            1990, 104 Stat. 1388-617.)
       656  Sec. 638. House committee action on all appropriation bills 
                to be completed by June 10.
                On or before June 10 of each year, the Committee on 
            Appropriations of the House of Representatives shall report 
            annual appropriation bills providing new budget authority 
            under the jurisdiction of all of its subcommittees for the 
            fiscal year which begins on October 1 of that year. (Pub.L. 
            93-344, Title III, Sec. 307, July 12, 1974, 88 Stat. 313; 
            Pub.L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 
            Stat. 1051.)
       657  Sec. 639. Reports, summaries, and projections of 
                Congressional budget actions.
            (a) Reports on legislation providing new budget authority or 
                providing increase or decrease in revenues or tax 
                expenditures
                (1) Whenever a committee of either House reports to its 
            House a bill or joint resolution, or committee amendment 
            thereto, providing new budget authority (other than 
            continuing appropriations) or providing an increase or 
            decrease in revenues or tax expenditures for a fiscal year 
            (or fiscal years), the report accompanying that bill or 
            joint resolution shall contain a statement, or the committee 
            shall make available such a statement in the case of an 
            approved committee amendment which is not reported to its 
            House, prepared after consultation with the Director of the 
            Congressional Budget Office--
                            (A) comparing the levels in such measure to 
                        the appropriate allocations in the reports 
                        submitted under section 633(b) of this title for 
                        the most recently agreed to concurrent 
                        resolution on the budget for such fiscal year 
                        (or fiscal years);
                            (B) containing a projection by the 
                        Congressional Budget Office of how such measure 
                        will affect the levels of such budget authority, 
                        budget outlays, revenues, or tax expenditures 
                        under existing law for such fiscal year (or 
                        fiscal years) and each of the four ensuing 
                        fiscal years, if timely submitted before such 
                        report is filed; and
                            (C) containing an estimate by the 
                        Congressional Budget Office of the level of new 
                        budget authority for assistance to State and

[[Page 522]]

                        local governments provided by such measure, if 
                        timely submitted before such report is filed.
                (2) Whenever a conference report is filed in either 
            House and such conference report or any amendment reported 
            in disagreement or any amendment contained in the joint 
            statement of managers to be proposed by the conferees in the 
            case of technical disagreement on such bill or joint 
            resolution provides new budget authority (other than 
            continuing appropriations) or provides an increase or 
            decrease in revenues for a fiscal year (or fiscal years), 
            the statement of managers accompanying such conference 
            report shall contain the information described in paragraph 
            (1), if available on a timely basis. If such information is 
            not available when the conference report is filed, the 
            committee shall make such information available to Members 
            as soon as practicable prior to the consideration of such 
            conference report.
            (b) Up-to-date tabulations of Congressional budget action
                (1) The Director of the Congressional Budget Office 
            shall issue to the committees of the House of 
            Representatives and the Senate reports on at least a monthly 
            basis detailing and tabulating the progress of congressional 
            action on bills and joint resolutions providing new budget 
            authority or providing an increase or decrease in revenues 
            or tax expenditures for each fiscal year covered by a 
            concurrent resolution on the budget. Such reports shall 
            include but are not limited to an up-to-date tabulation 
            comparing the appropriate aggregate and functional levels 
            (including outlays) included in the most recently adopted 
            concurrent resolution on the budget with the levels provided 
            in bills and joint resolutions reported by committees or 
            adopted by either House or by the Congress, and with the 
            levels provided by law for the fiscal year preceding the 
            first fiscal year covered by the appropriate concurrent 
            resolution.
                (2) The Committee on the Budget of each House shall make 
            available to Members of its House summary budget 
            scorekeeping reports. Such reports--
                            (A) shall be made available on at least a 
                        monthly basis, but in any case frequently enough 
                        to provide Members of each House an accurate 
                        representation of the current status of 
                        congressional consideration of the budget;
                            (B) shall include, but are not limited to, 
                        summaries of tabulations provided under 
                        subsection (b)(1) of this section; and
                            (C) shall be based on information provided 
                        under subsection (b)(1) of this section without 
                        substantive revision.

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

            (c) Five-year projection of Congressional budget action
                As soon as practicable after the beginning of each 
            fiscal year, the Director of the Congressional Budget Office 
            shall issue a report projecting for the period of 5 fiscal 
            years beginning with such fiscal year--
                            (1) total new budget authority and total 
                        budget outlays for each fiscal year in such 
                        period;
                            (2) revenues to be received and the major 
                        sources thereof, and the surplus or deficit, if 
                        any, for each fiscal year in such period;
                            (3) tax expenditures for each fiscal year in 
                        such period; and

[[Page 523]]

                            (4) entitlement authority for each fiscal 
                        year in such period. (Pub.L. 93-444, Title III, 
                        Sec. 308, July 12, 1974, 88 Stat. 31-313; Pub.L. 
                        99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 
                        Stat. 1051; Pub.L. 101-508, Title XIII, 
                        Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-617; 
                        Pub.L. 105-33, Title X, Sec. 10110, Aug. 5, 
                        1997, 111 Stat. 685.)
       658  Sec. 640. House approval of regular appropriation bills.
                It shall not be in order in the House of Representatives 
            to consider any resolution providing for an adjournment 
            period of more than three calendar days during the month of 
            July until the House of Representatives has approved annual 
            appropriation bills providing new budget authority under the 
            jurisdiction of all the subcommittees of the Committee on 
            Appropriations for the fiscal year beginning on October 1 of 
            such year. For purposes of this section, the chairman of the 
            Committee on Appropriations of the House of Representatives 
            shall periodically advise the Speaker as to changes in 
            jurisdiction among its various subcommittees. (Pub.L. 93-
            344, Title III, Sec. 309, July 12, 1974, 88 Stat. 314; 
            Pub.L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 
            Stat. 1052.)
       659  Sec. 641. Reconciliation.
            (a) Inclusion of reconciliation directives in concurrent 
                resolutions on the budget
                A concurrent resolution on the budget for any fiscal 
            year, to the extent necessary to effectuate the provisions 
            and requirements of such resolution, shall--
                            (1) specify the total amount by which--

                                (A) new budget authority for such fiscal 
                            year;

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

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

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

                            (2) specify the total amount by which 
                        revenues are to be changed and direct that the 
                        committees having jurisdiction to determine and 
                        recommend changes in the revenue laws, bills, 
                        and resolutions to accomplish a change of such 
                        total amount;
                            (3) specify the amounts by which the 
                        statutory limit on the public debt is to be 
                        changed and direct the committee having 
                        jurisdiction to recommend such change; or
                            (4) specify and direct any combination of 
                        the matters described in paragraphs (1), (2), 
                        and (3) (including a direction to achieve 
                        deficit reduction).
            (b) Legislative procedure
                If a concurrent resolution containing directives to one 
            or more committees to determine and recommend changes in 
            laws, bills, or resolutions is agreed to in accordance with 
            subsection (a) of this section, and--
                            (1) only one committee of the House or the 
                        Senate is directed to determine and recommend 
                        changes, that committee shall promptly make such 
                        determination and recommendations and report to

[[Page 524]]

                        its House reconciliation legislation containing 
                        such recommendations; or
                            (2) more than one committee of the House or 
                        the Senate is directed to determine and 
                        recommend changes, each such committee so 
                        directed shall promptly make such determination 
                        and recommendations and submit such 
                        recommendations to the Committee on the Budget 
                        of its House, which, upon receiving all such 
                        recommendations, shall report to its House 
                        reconciliation legislation carrying out all such 
                        recommendations without any substantive 
                        revision.

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

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

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

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

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

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

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

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

                            (B) if the total amount of the changes 
                        recommended by such committee is not less than 
                        the total of the amounts of the changes such 
                        committee was directed to make under paragraphs 
                        (1) and (2) of such subsection.
                (2)(A) Upon the reporting to the Committee on the Budget 
            of the Senate of a recommendation that shall be deemed to 
            have complied

[[Page 525]]

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

[[Page 526]]

                (5) The Committee on Rules of the House of 
            Representatives may make in order amendments to achieve 
            changes specified by reconciliation directives contained in 
            a concurrent resolution on the budget if a committee or 
            committees of the House fail to submit recommended changes 
            to its Committee on the Budget pursuant to its instruction.
            (e) Procedure in Senate
                (1) Except as provided in paragraph (2), the provisions 
            of section 636 of this title for the consideration in the 
            Senate of concurrent resolutions on the budget and 
            conference reports thereon shall also apply to the 
            consideration in the Senate of reconciliation bills reported 
            under subsection (b) of this section and conference reports 
            thereon.
                (2) Debate in the Senate on any reconciliation bill 
            reported under subsection (b) of this section, and all 
            amendments thereto and debatable motions and appeals in 
            connection therewith, shall be limited to not more than 20 
            hours.
            (f) Completion of reconciliation process
                It shall not be in order in the House of Representatives 
            to consider any resolution providing for an adjournment 
            period of more than three calendar days during the month of 
            July until the House of Representatives has completed action 
            on the reconciliation legislation for the fiscal year 
            beginning on October 1 of the calendar year to which the 
            adjournment resolution pertains, if reconciliation 
            legislation is required to be reported by the concurrent 
            resolution on the budget for such fiscal year.
            (g) Limitation on changes to Social Security Act
                Notwithstanding any other provision of law, it shall not 
            be in order in the Senate or the House of Representatives to 
            consider any reconciliation bill or reconciliation 
            resolution reported pursuant to a concurrent resolution on 
            the budget agreed to under section 632 or 635 of this title, 
            or a joint resolution pursuant to section 907d of this 
            title, or any amendment thereto or conference report 
            thereon, that contains recommendations with respect to the 
            old-age, survivors, and disability insurance program 
            established under Title II of the Social Security Act [42 
            U.S.C. 401 et seq.]. (Pub.L. 93-344, Title III, Sec. 310, 
            July 12, 1974, 88 Stat. 315; Pub.L. 99-177, Title II, 
            Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub.L. 101-508, 
            Title XIII, Sec. Sec. 13112(a)(9), 13207(c), (d), 13210(2), 
            Nov. 5, 1990, 104 Stat. 1388-608, 1388-618, 1388-619, 1388-
            620; Pub.L. 105-33, Title X, Sec. 10111, Aug. 5, 1997, 111 
            Stat. 685.)
       660  Sec. 642. Budget-related legislation must be within 
                appropriate levels.
            (a) Enforcement of budget aggregates
                (1) In the House of Representatives
                            Except as provided by subsection (c) of this 
                        section, after the Congress has completed action 
                        on a concurrent resolution on the budget for a 
                        fiscal year, it shall not be in order in the 
                        House of Representatives to consider any bill, 
                        joint resolution, amendment, motion, or 
                        conference report providing new budget authority 
                        or reducing revenues, if--

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

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

[[Page 527]]

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

                    would cause the level of total new budget authority 
                    or total outlays set forth in the applicable 
                    concurrent resolution on the budget for the first 
                    fiscal year to be exceeded, or would cause revenues 
                    to be less than the level of total revenues set 
                    forth in that concurrent resolution for the first 
                    fiscal year or for the total of that first fiscal 
                    year and the ensuing fiscal years for which 
                    allocations are provided under section 633(a) of 
                    this title, except when a declaration of war by the 
                    Congress is in effect.
                (2) In the Senate
                            After a concurrent resolution on the budget 
                        is agreed to, it shall not be in order in the 
                        Senate to consider any bill, joint resolution, 
                        amendment, motion, or conference report that--

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

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

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

[[Page 528]]

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

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

       661  Sec. 643. Determinations and points of order.
            (a) Budget Committee determinations
                For purposes of this subchapter and subchapter II of 
            this chapter, the levels of new budget authority, outlays, 
            direct spending, new entitlement authority, and revenues for 
            a fiscal year shall be determined on the basis of estimates 
            made by the Committee on the Budget of the House of 
            Representatives or the Senate, as applicable.
            (b) Discretionary spending point of order in the Senate
                (1) In general
                            Except as otherwise provided in this 
                        subsection, it shall not be in order in the 
                        Senate to consider any bill or resolution (or 
                        amendment, motion, or conference report on that 
                        bill or resolution) that would exceed any of the 
                        discretionary spending limits in section 901(c) 
                        of this title.
                (2) Exceptions
                            This subsection shall not apply if a 
                        declaration of war by the Congress is in effect 
                        or if a joint resolution pursuant to section 
                        907a of this title has been enacted.
            (c) Maximum deficit amount point of order in the Senate
                It shall not be in order in the Senate to consider any 
            concurrent resolution on the budget for a fiscal year, or to 
            consider any amendment to that concurrent resolution, or to 
            consider a conference report on that concurrent resolution, 
            if--
                            (1) the level of total outlays for the first 
                        fiscal year set forth in that concurrent 
                        resolution or conference report exceeds; or
                            (2) the adoption of that amendment would 
                        result in a level of total outlays for that 
                        fiscal year that exceeds;

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

            (d) Timing of points of order in the Senate
                A point of order under this Act may not be raised 
            against a bill, resolution, amendment, motion, or conference 
            report while an amendment or motion, the adoption of which 
            would remedy the violation of this Act, is pending before 
            the Senate.

[[Page 529]]

            (e) Points of order in the Senate against amendments between 
                the Houses
                Each provision of this Act that establishes a point of 
            order against an amendment also establishes a point of order 
            in the Senate against an amendment between the Houses. If a 
            point of order under this Act is raised in the Senate 
            against an amendment between the Houses and the point of 
            order is sustained, the effect shall be the same as if the 
            Senate had disagreed to the amendment.
            (f) Effect of a point of order in the Senate
                In the Senate, if a point of order under this Act 
            against a bill or resolution is sustained, the Presiding 
            Officer shall then recommit the bill or resolution to the 
            committee of appropriate jurisdiction for further 
            consideration. (Pub.L. 93-344, Title III, Sec. 312, as added 
            Pub.L. 101-508, Title XIII, Sec. 13207(b)(1), Nov. 5, 1990, 
            104 Stat. 1388-618, and amended Pub.L. 105-33, Title X, 
            Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
       662  Sec. 644. Extraneous matter in reconciliation legislation.
            (a) In general
                When the Senate is considering a reconciliation bill or 
            a reconciliation resolution pursuant to section 641 of this 
            title (whether that bill or resolution originated in the 
            Senate or the House) or section 907d of this title, upon a 
            point of order being made by any Senator against material 
            extraneous to the instructions to a committee which is 
            contained in any title or provision of the bill or 
            resolution or offered as an amendment to the bill or 
            resolution, and the point of order is sustained by the 
            Chair, any part of said title or provision that contains 
            material extraneous to the instructions to said Committee as 
            defined in subsection (b) of this section shall be deemed 
            stricken from the bill and may not be offered as an 
            amendment from the floor.
            (b) Extraneous provisions
                (1)(A) Except as provided in paragraph (2), a provision 
            of a reconciliation bill or reconciliation resolution 
            considered pursuant to section 641 of this title shall be 
            considered extraneous if such provision does not produce a 
            change in outlays or revenues, including changes in outlays 
            and revenues brought about by changes in the terms and 
            conditions under which outlays are made or revenues are 
            required to be collected (but a provision in which outlay 
            decreases or revenue increases exactly offset outlay 
            increases or revenue decreases shall not be considered 
            extraneous by virtue of this subparagraph);
                (B) any provision producing an increase in outlays or 
            decrease in revenues shall be considered extraneous if the 
            net effect of provisions reported by the Committee reporting 
            the title containing the provision is that the Committee 
            fails to achieve its reconciliation instructions;
                (C) a provision that is not in the jurisdiction of the 
            Committee with jurisdiction over said title or provision 
            shall be considered extraneous;
                (D) a provision shall be considered extraneous if it 
            produces changes in outlays or revenues which are merely 
            incidental to the non-budgetary components of the provision;
                (E) a provision shall be considered to be extraneous if 
            it increases, or would increase, net outlays, or if it 
            decreases, or would decrease,

[[Page 530]]

            revenues during a fiscal year after the fiscal years covered 
            by such reconciliation bill or reconciliation resolution, 
            and such increases or decreases are greater than outlay 
            reductions or revenue increases resulting from other 
            provisions in such title in such year; and
                (F) a provision shall be considered extraneous if it 
            violates section 641(g) of this title.
                (2) A Senate-originated provision shall not be 
            considered extraneous under paragraph (1)(A) if the Chairman 
            and Ranking Minority Member of the Committee on the Budget 
            and the Chairman and Ranking Minority Member of the 
            Committee which reported the provision certify that:
                            (A) the provision mitigates the direct 
                        effects clearly attributable to a provision 
                        changing outlays or revenues and both provisions 
                        together produce a net reduction in the deficit;
                            (B) the provision will result in a 
                        substantial reduction in outlays or a 
                        substantial increase in revenues during fiscal 
                        years after the fiscal years covered by the 
                        reconciliation bill or reconciliation 
                        resolution;
                            (C) a reduction of outlays or an increase in 
                        revenues is likely to occur as a result of the 
                        provision, in the event of new regulations 
                        authorized by the provision or likely to be 
                        proposed, court rulings on pending litigation, 
                        or relationships between economic indices and 
                        stipulated statutory triggers pertaining to the 
                        provision, other than the regulations, court 
                        rulings or relationships currently projected by 
                        the Congressional Budget Office for scorekeeping 
                        purposes; or
                            (D) such provision will be likely to produce 
                        a significant reduction in outlays or increase 
                        in revenues but, due to insufficient data, such 
                        reduction or increase cannot be reliably 
                        estimated.
                (3) A provision reported by a committee shall not be 
            considered extraneous under paragraph (1)(C) if (A) the 
            provision is an integral part of a provision or title, which 
            if introduced as a bill or resolution would be referred to 
            such committee, and the provision sets forth the procedure 
            to carry out or implement the substantive provisions that 
            were reported and which fall within the jurisdiction of such 
            committee; or (B) the provision states an exception to, or a 
            special application of, the general provision or title of 
            which it is a part and such general provision or title if 
            introduced as a bill or resolution would be referred to such 
            committee.
            (c) Extraneous materials
                Upon the reporting or discharge of a reconciliation bill 
            or resolution pursuant to section 641 of this title in the 
            Senate, and again upon the submission of a conference report 
            on such a reconciliation bill or resolution, the Committee 
            on the Budget of the Senate shall submit for the record a 
            list of material considered to be extraneous under 
            subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this 
            section to the instructions of a committee as provided in 
            this section. The inclusion or exclusion of a provision 
            shall not constitute a determination of extraneousness by 
            the Presiding Officer of the Senate.
            (d) Conference reports
                When the Senate is considering a conference report on, 
            or an amendment between the Houses in relation to, a 
            reconciliation bill or reconciliation resolution pursuant to 
            section 641 of this title, upon--

[[Page 531]]

                            (1) a point of order being made by any 
                        Senator against extraneous material meeting the 
                        definition of subsections (b)(1)(A), (b)(1)(B), 
                        (b)(1)(D), (b)(l)(E), or (b)(l)(F) of this 
                        section, and
                            (2) such point of order being sustained,

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

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

[[Page 532]]

                            The adjustments referred to in paragraph (1) 
                        are to be made to--

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

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

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

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

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

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

                            (4) an amount provided not to exceed 
                        $1,884,000,000 for the period of fiscal years 
                        1998 through 2000 for arrearages for 
                        international organizations, international 
                        peacekeeping, and multilateral development 
                        banks;
                            (5) an amount provided for an earned income 
                        tax credit compliance initiative but not to 
                        exceed--

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

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

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

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

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

                            (6) in the case of an amount for adoption 
                        incentive payments (as defined in section 
                        901(b)(2)(G) of this title) for fiscal year 
                        1999, 2000, 2001, 2002, or 2003 for the 
                        Department of Health and Human Services, an 
                        amount not to exceed $20,000,000.
            (c) Application of adjustments
                The adjustments made pursuant to subsection (a) of this 
            section for legislation shall--
                            (1) apply while that legislation is under 
                        consideration;
                            (2) take effect upon the enactment of that 
                        legislation; and
                            (3) be published in the Congressional Record 
                        as soon as practicable.

[[Page 533]]

            (d) Reporting revised suballocations
                Following any adjustment made under subsection (a) of 
            this section, the Committees on Appropriations of the Senate 
            and the House of Representatives may report appropriately 
            revised suballocations under section 633(b) of this title to 
            carry out this section.
            (e) Definitions for CDRs
                As used in subsection (b)(2) of this section--
                            (1) the term ``continuing disability 
                        reviews'' shall have the same meaning as 
                        provided in section 901(b)(2)(C)(ii) of this 
                        title; and
                            (2) the term ``new budget authority'' shall 
                        have the same meaning as the term ``additional 
                        new budget authority'' and the term ``out lays'' 
                        shall have the same meaning as ``additional 
                        outlays'' in that section. (Pub.L. 934-344, 
                        Title III, Sec. 314, as added Pub.L. 105-33, 
                        Title X, Sec. 10114(a), Aug. 5, 1997, 111 Stat. 
                        688, and amended Pub.L. 105-89, Title II, 
                        Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125.)
       664  Sec. 645a. Effect of adoption of a special order of business 
                in the House of Representatives.
                For purposes of a reported bill or joint resolution 
            considered in the House of Representatives pursuant to a 
            special order of business, the term ``as reported'' in this 
            subchapter or subchapter II of this chapter shall be 
            considered to refer to the text made in order as an original 
            bill or joint resolution for the purpose of amendment or to 
            the text on which the previous question is ordered directly 
            to passage, as the case may be. (Pub.L. 93-344, Title III, 
            Sec. 315, as added Pub.L. 105-33, Title X, Sec. 10115(a), 
            Aug. 5, 1997, 111 Stat. 690.)
            
                          Subchapter II.--Fiscal Procedures

            
                             Part A.--General Provisions

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

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

            (b) Legislation providing new entitlement authority
                (1) Point of order
                            It shall not be in order in either the House 
                        of Representatives or the Senate to consider any 
                        bill or joint resolution (in the House

[[Page 534]]

                        of Representatives only, as reported), 
                        amendment, motion, or conference report that 
                        provides new entitlement authority that is to 
                        become effective during the current fiscal year.
                (2) If any committee of the House of Representatives or 
            the Senate reports any bill or resolution which provides new 
            entitlement authority which is to become effective during a 
            fiscal year and the amount of new budget authority which 
            will be required for such fiscal year if such bill or 
            resolution is enacted as so reported exceeds the appropriate 
            allocation of new budget authority reported under section 
            633(b) of this title in connection with the most recently 
            agreed to concurrent resolution on the budget for such 
            fiscal year, such bill or resolution shall then be referred 
            to the Committee on Appropriations of the Senate or may then 
            be referred to the Committee on Appropriations of the House, 
            as the case may be, with instructions to report it, with the 
            committee's recommendations, within 15 calendar days (not 
            counting any day on which that House is not in session) 
            beginning with the day following the day on which it is so 
            referred. If the Committee on Appropriations of either House 
            fails to report a bill or resolution referred to it under 
            this paragraph within such 15-day period, the committee 
            shall automatically be discharged from further consideration 
            of such bill or resolution and such bill or resolution shall 
            be placed on the appropriate calendar.
                (3) The Committee on Appropriations of each House shall 
            have jurisdiction to report any bill or resolution referred 
            to it under paragraph (2) with an amendment which limits the 
            total amount of new spending authority provided in such bill 
            or resolution.
            (c) Exceptions
                (1) Subsections (a) and (b) of this section shall not 
            apply to new authority described in those subsections if 
            outlays from that new authority will flow--
                            (A) from a trust fund established by the 
                        Social Security Act (as in effect on July 12, 
                        1974) [42 U.S.C. 301 et seq.]; or
                            (B) from any other trust fund, 90 percent or 
                        more of the receipts of which consist or will 
                        consist of amounts (transferred from the general 
                        fund of the Treasury) equivalent to amounts of 
                        taxes (related to the purposes for which such 
                        outlays are or will be made) received in the 
                        Treasury under specified provisions of the 
                        Internal Revenue Code of 1986 [26 U.S.C. 1 et 
                        seq.].
                (2) Subsections (a) and (b) of this section shall not 
            apply to new authority described in those subsections to the 
            extent that--
                            (A) the outlays resulting therefrom are made 
                        by an organization which is (i) a mixed-
                        ownership Government corporation (as defined in 
                        section 9101(2) of Title 31), or (ii) a wholly 
                        owned Government corporation (as defined in 
                        section 9101(3) of Title 31) which is 
                        specifically exempted by law from compliance 
                        with any or all of the provisions of chapter 91 
                        of Title 31, as of December 12, 1985; or
                            (B) the outlays resulting therefrom consist 
                        exclusively of the proceeds of gifts or bequests 
                        made to the United States for a specific 
                        purpose. (Pub.L. 93-344, Title IV, Sec. 401, 
                        July 12 1974, 88 Stat. 317; Pub.L. 99-177, Title 
                        II, Sec. 211, Dec. 12, 1985, 99 Stat. Sec. 1056; 
                        Pub.L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
                        2095; Pub.L. 101-508, Title XIII, 
                        Sec. 13207(a)(1)(F), (G), Nov, 5, 1990, 104 
                        Stat. 1388-617, 1388-618; Pub.L. 105-33, Title 
                        X, Sec. 10116(a)(1)-(5), Aug. 5, 1997, 111 Stat. 
                        690.)

[[Page 535]]


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

  

            Sec. 653. Analysis by Congressional Budget Office.
                The Director of the Congressional Budget Office shall, 
            to the extent practicable, prepare for each bill or 
            resolution of a public character reported by any committee 
            of the House of Representatives or the Senate (except the 
            Committee on Appropriations of each House), and submit to 
            such committee--
                            (1) an estimate of the costs which would be 
                        incurred in carrying out such bill or resolution 
                        in the fiscal year in which it is to become 
                        effective and in each of the 4 fiscal years 
                        following such fiscal year, together with the 
                        basis for each such estimate;
                            (2) a comparison of the estimates of costs 
                        described in paragraph (1) with any available 
                        estimates of costs made by such committee or by 
                        any Federal agency; and
                            (3) a description of each method for 
                        establishing a Federal financial commitment 
                        contained in such bill or resolution.

            The estimates, comparison, and description so submitted 
            shall be included in the report accompanying such bill or 
            resolution if timely submitted to such committee before such 
            report is filed. (Pub.L. 93-344, Title IV, Sec. 402, 
            formerly Sec. 403, July 12, 1974, 88 Stat. 320; Pub.L. 97-
            108, Sec. 2(a), Dec. 23, 1981, 95 Stat. 1510; Pub.L. 99-177, 
            Title II, Sec. 213, Dec. 12, 1985, 99 Stat. 1059; Pub.L. 
            104-4, Title I, Sec. 104, Mar. 22, 1995, 109 Stat. 62; 
            renumbered Sec. 402, Pub.L. 105-33, Title X, 
            Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)

       668  Sec. 654. Study by Government Accountability Office of forms 
                of Federal financial commitment not reviewed annually by 
                Congress.
                The Government Accountability Office shall study those 
            provisions of law which provide mandatory spending and 
            report to the Congress its recommendations for the 
            appropriate form of financing for activities or programs 
            financed by such provisions not later than eighteen months 
            after December 12, 1985. Such report shall be revised from 
            time to time. (Pub.L. 93-344, Title IV, Sec. 404, formerly 
            Sec. 405, as added, Pub.L. 99-177, Title II, Sec. 214, Dec. 
            12, 1985, 99 Stat. 1059; renumbered Sec. 404 and amended 
            Pub.L. 105-33, Title X, Sec. 10116(c)(1), (2), Aug. 5, 1997, 
            111 Stat. 692; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 
            Stat. 814.)
       669  Sec. 655. Off-budget agencies, programs, and activities.
                (a) Notwithstanding any other provision of law, budget 
            authority, credit authority, and estimates of outlays and 
            receipts for activities of the Federal budget which are off-
            budget immediately prior to December 12, 1985, not including 
            activities of the Federal Old-Age and Survivors Insurance 
            and Federal Disability Insurance Trust Funds, shall be 
            included in a budget submitted pursuant to section 1105 of 
            Title 31 and in a concurrent resolution on the budget 
            reported pursuant to section 632 or section 635 of this 
            title and shall be considered, for purposes of this Act, 
            budget authority, outlays, and spending authority in 
            accordance with definitions set forth in this Act.
                (b) All receipts and disbursements of the Federal 
            Financing Bank with respect to any obligations which are 
            issued, sold, or guaranteed by a Federal agency shall be 
            treated as a means of financing such

[[Page 536]]

            agency for purposes of section 1105 of Title 31 and for 
            purposes of this Act. (Pub.L. 93-344, Title IV, Sec. 405, 
            formerly Sec. 406, as added Pub.L. 99-177, Title II, 
            Sec. 214, Dec. 12, 1985, 99 Stat. 1059, renumberedSec. 405, 
            Pub.L. 105-33, Title X, Sec. 10116(c)(1), Aug. 5, 1997, 111 
            Stat. 692.)
       670  Sec. 656. Member User Group.
                The Speaker of the House of Representatives, after 
            consulting with the Minority Leader of the House, may 
            appoint a Member User Group for the purpose of reviewing 
            budgetary scorekeeping rules and practices of the House and 
            advising the Speaker from time to time on the effect and 
            impact of such rules and practices. (Pub.L. 93-344, Title 
            IV, Sec. 406, formerly Sec. 407, as added Pub.L. 99-177, 
            Title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1060, renumbered 
            Sec. 406, Pub.L. 105-33, Title X, Sec. 10116(c)(1), Aug. 5, 
            1997, 111 Stat. 692.)
            
                              Part B.--Federal Mandates

       671  Sec. 658. Definitions.
                For purposes of this part:
                            (1) Agency

                                The term ``agency'' has the same meaning 
                            as defined in section 551(1) of Title 5, but 
                            does not include independent regulatory 
                            agencies.

                            (2) Amount

                                The term ``amount'', with respect to an 
                            authorization of appropriations for Federal 
                            financial assistance, means the amount of 
                            budget authority for any Federal grant 
                            assistance program or any Federal program 
                            providing loan guarantees or direct loans.

                            (3) Direct costs

                                The term ``direct costs''--

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

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

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

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

                                                (i) State, local, and 
                                            tribal governments, and the 
                                            private sector will take all 
                                            reasonable steps necessary 
                                            to mitigate the costs 
                                            resulting from the Federal 
                                            mandate, and will comply 
                                            with applicable standards of 
                                            practice and conduct 
                                            established by recognized 
                                            professional or trade 
                                            associations; and
                                                (ii) reasonable steps to 
                                            mitigate the costs shall not 
                                            include increases in State, 
                                            local, or tribal taxes or 
                                            fees; and

                                        (D) shall not include--

[[Page 537]]

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

                            (4) Direct savings

                                The term ``direct savings'', when used 
                            with respect to the result of compliance 
                            with the Federal mandate--

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

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

                            (5) Federal intergovernmental mandate

                                The term ``Federal intergovernmental 
                            mandate'' means--

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

                                                (i) would impose an 
                                            enforceable duty upon State, 
                                            local, or tribal 
                                            governments, except--
                                                  (I) a condition of 
                                            Federal assistance; or
                                                  (II) a duty arising 
                                            from participation in a 
                                            voluntary Federal program, 
                                            except as provided in 
                                            subparagraph (B); or
                                                (ii) would reduce or 
                                            eliminate the amount of 
                                            authorization of 
                                            appropriations for--
                                                  (I) Federal financial 
                                            assistance that would be 
                                            provided to State, local, or 
                                            tribal governments for the 
                                            purpose of complying with 
                                            any such previously imposed 
                                            duty unless such duty is 
                                            reduced or eliminated by a 
                                            corresponding amount; or
                                                  (II) the control of 
                                            borders by the Federal 
                                            Government; or reimbursement 
                                            to State, local, or tribal 
                                            govern

[[Page 538]]

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

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

                                                (i)(I) would increase 
                                            the stringency of conditions 
                                            of assistance to State, 
                                            local, or tribal governments 
                                            under the program; or
                                                (II) would place caps 
                                            upon, or otherwise decrease, 
                                            the Federal Government's 
                                            responsibility to provide 
                                            funding to State, local, or 
                                            tribal governments under the 
                                            program; and
                                                (ii) the State, local, 
                                            or tribal governments that 
                                            participate in the Federal 
                                            program lack authority under 
                                            that program to amend their 
                                            financial or programmatic 
                                            responsibilities to continue 
                                            providing required services 
                                            that are affected by the 
                                            legislation, statute, or 
                                            regulation.

                            (6) Federal mandate

                                The term ``Federal mandate'' means a 
                            Federal intergovernmental mandate or a 
                            Federal private sector mandate, as defined 
                            in paragraphs (5) and (7).

                            (7) Federal private sector mandate

                                The term ``Federal private sector 
                            mandate'' means any provision in 
                            legislation, statute, or regulation that--

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

                                                (i) a condition of 
                                            Federal assistance; or
                                                (ii) a duty arising from 
                                            participation in a voluntary 
                                            Federal program; or

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

                            (8) Local government

                                The term ``local government'' has the 
                            same meaning as defined in section 6501(6) 
                            of Title 31.

                            (9) Private sector

                                The term ``private sector'' means all 
                            persons or entities in the United States, 
                            including individuals, partnerships, associa

[[Page 539]]

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

                            (10) Regulation; rule

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

                            (11) Small government

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

                            (12) State

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

                            (13) Tribal government

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

       672  Sec. 658a. Exclusions.
                This part shall not apply to any provision in a bill, 
            joint resolution, amendment, motion, or conference report 
            before Congress that--
                            (1) enforces constitutional rights of 
                        individuals;
                            (2) establishes or enforces any statutory 
                        rights that prohibit discrimination on the basis 
                        of race, color, religion, sex, national origin, 
                        age, handicap, or disability;
                            (3) requires compliance with accounting and 
                        auditing procedures with respect to grants or 
                        other money or property provided by the Federal 
                        Government;
                            (4) provides for emergency assistance or 
                        relief at the request of any State, local, or 
                        tribal government or any official of a State, 
                        local, or tribal government;
                            (5) is necessary for the national security 
                        or the ratification or implementation of 
                        international treaty obligations;
                            (6) the President designates as emergency 
                        legislation and that the Congress so designates 
                        in statute; or
                            (7) relates to the old-age, survivors, and 
                        disability insurance program under subchapter II 
                        of chapter 7 of Title 42 (including taxes 
                        imposed by sections 3101(a) and 3111(a) of Title 
                        26 (relating to old-age, survivors, and 
                        disability insurance)). (Pub.L. 93-344, Title 
                        IV, Sec. 422, as added Pub.L. 104-4, Title I, 
                        Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53.)
       673  Sec. 658b. Duties of Congressional committees.
            (a) In general
                When a committee of authorization of the Senate or the 
            House of Representatives reports a bill or joint resolution 
            of public character that includes any Federal mandate, the 
            report of the committee accom

[[Page 540]]

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

[[Page 541]]

                            (3) if the bill or joint resolution would 
                        make the reduction specified in section 
                        658(5)(B)(i)(II) of this title, a statement of 
                        how the committee specifically intends the 
                        States to implement the reduction and to what 
                        extent the legislation provides additional 
                        flexibility, if any, to offset the reduction.
            (e) Preemption clarification and information
                When a committee of authorization of the Senate or the 
            House of Representatives reports a bill or joint resolution 
            of public character, the committee report accompanying the 
            bill or joint resolution shall contain, if relevant to the 
            bill or joint resolution, an explicit statement on the 
            extent to which the bill or joint resolution is intended to 
            preempt any State, local, or tribal law, and, if so, an 
            explanation of the effect of such preemption.
            (f) Publication of statement from the Director
                (1) In general
                            Upon receiving a statement from the Director 
                        under section 658c of this title, a committee of 
                        the Senate or the House of Representatives shall 
                        publish the statement in the committee report 
                        accompanying the bill or joint resolution to 
                        which the statement relates if the statement is 
                        available at the time the report is printed.
                (2) Other publication of statement of Director
                            If the statement is not published in the 
                        report, or if the bill or joint resolution to 
                        which the statement relates is expected to be 
                        considered by the Senate or the House of 
                        Representatives before the report is published, 
                        the committee shall cause the statement, or a 
                        summary thereof, to be published in the 
                        Congressional Record in advance of floor 
                        consideration of the bill or joint resolution. 
                        (Pub.L. 93-344, Title IV, Sec. 423, as added 
                        Pub.L. 104-4, Title I, Sec. 101(a)(2), Mar. 22, 
                        1995, 109 Stat. 53; amended Pub.L. 106-141, 
                        Sec. 2(a), Dec. 7, 1999, 113 Stat. 1699.)
       674  Sec. 658c. Duties of the Director, statements on bills and 
                joint resolutions other than appropriations bills and 
                joint resolutions.
            (a) Federal intergovernmental mandates in reported bills and 
                resolutions
                For each bill or joint resolution of a public character 
            reported by any committee of authorization of the Senate or 
            the House of Representatives, the Director of the 
            Congressional Budget Office shall prepare and submit to the 
            committee a statement as follows:
                            (1) Contents

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

                            (2) Estimates

[[Page 542]]

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

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

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

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

                            (3) Additional flexibility information

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

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

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

                            (4) Estimate not feasible

                                If the Director determines that it is 
                            not feasible to make a reasonable estimate 
                            that would be required under paragraphs (1) 
                            and (2), the Director shall not make the 
                            estimate, but shall report in the statement 
                            that the reasonable estimate cannot be made 
                            and shall include the reasons for that 
                            determination in the statement. If such 
                            determination is made by the Director, a 
                            point of order under this part shall lie 
                            only under section 658d(a)(1) of this title 
                            and as if the requirement of section 
                            658d(a)(1) of this title had not been met.

            (b) Federal private sector mandates in reported bills and 
                joint resolutions
                For each bill or joint resolution of a public character 
            reported by any committee of authorization of the Senate or 
            the House of Representatives, the Director of the 
            Congressional Budget Office shall prepare and submit to the 
            committee a statement as follows:
                            (1) Contents

                                If the Director estimates that the 
                            direct cost of any Federal private sector 
                            mandates in the bill or joint resolution 
                            will equal or exceed $100,000,000 (adjusted 
                            annually for inflation) in the fiscal year 
                            in which any Federal private sector mandate 
                            in the bill or joint resolution (or in any 
                            necessary implementing regulation) would 
                            first be effective or in any of the 4 fiscal 
                            years

[[Page 543]]

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

                            (2) Estimates

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

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

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

                            (3) Estimate not feasible

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

            (c) Legislation failing below the direct costs thresholds
                If the Director estimates that the direct costs of a 
            Federal mandate will not equal or exceed the thresholds 
            specified in subsections (a) and (b) of this section, the 
            Director shall so state and shall briefly explain the basis 
            of the estimate.
            (d) Amended bills and joint resolutions; conference reports
                If a bill or joint resolution is passed in an amended 
            form (including if passed by one House as an amendment in 
            the nature of a substitute for the text of a bill or joint 
            resolution from the other House) or is reported by a 
            committee of conference in amended form, and the amended 
            form contains a Federal mandate not previously considered by 
            either House or which contains an increase in the direct 
            cost of a previously considered Federal mandate, then the 
            committee of conference shall ensure, to the greatest extent 
            practicable, that the Director shall prepare a statement as 
            provided in this subsection or a supplemental statement for 
            the bill or joint resolution in that amended form. (Pub.L. 
            93-344, Title IV, Sec. 424, as added Pub.L. 104-4, Title I, 
            Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub.L. 
            106-141, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
       675  Sec. 658d. Legislation subject to point of order.
            (a) In general
                It shall not be in order in the Senate or the House of 
            Representatives to consider--
                            (1) any bill or joint resolution that is 
                        reported by a committee unless the committee has 
                        published a statement of the Director on the 
                        direct costs of Federal mandates in accordance 
                        with section 658b(f) of this title before such 
                        consideration, except this paragraph shall not 
                        apply to any supplemental statement prepared by 
                        the Director under section 658c(d) of this 
                        title; and

[[Page 544]]

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

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

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

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

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

                                        (iii)(I) provides that for any 
                                    fiscal year the responsible Federal 
                                    agency shall determine whether there 
                                    are insufficient appropriations for 
                                    that fiscal year to provide for the 
                                    direct costs under clause (i) of 
                                    such mandate, and shall (no later 
                                    than 30 days after the beginning of 
                                    the fiscal year) notify the 
                                    appropriate authorizing committees 
                                    of Congress of the determination and 
                                    submit either--

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

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

                                        (III) provides that such mandate 
                                    shall--

                                                (aa) in the case of a 
                                            statement referred to in 
                                            subclause (I)(aa), cease to 
                                            be effective 60 days after 
                                            the statement is submitted 
                                            unless Congress has approved 
                                            the agency's determination 
                                            by joint resolution during 
                                            the 60-day period;
                                                (bb) cease to be 
                                            effective 60 days after the 
                                            date the legislative 
                                            recommendations of the 
                                            responsible Federal agency 
                                            are submitted to Congress 
                                            under subclause (I)(bb) 
                                            unless Congress provides 
                                            otherwise by law; or

[[Page 545]]

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

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

                                (B) shall apply to--

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

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

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

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

                (2) Certain provisions stricken in Senate.
                            Upon a point of order being made by any 
                        Senator against any provision listed in 
                        paragraph (1)(B), and the point of order being 
                        sustained by the Chair, such specific provision 
                        shall be deemed stricken from the bill, 
                        resolution, amendment, amendment in 
                        disagreement, or conference report and may not 
                        be offered as an amendment from the floor.
            (d) Determinations of applicability to pending legislation
                For purposes of this section, in the Senate, the 
            presiding officer of the Senate shall consult with the 
            Committee on Governmental Affairs, to the extent 
            practicable, on questions concerning the applicability of 
            this part to a pending bill, joint resolution, amendment, 
            motion, or conference report.

[[Page 546]]

            (e) Determinations of Federal mandate levels
                For purposes of this section, in the Senate, the levels 
            of Federal mandates for a fiscal year shall be determined 
            based on the estimates made by the Committee on the Budget. 
            (Pub.L. 93-344, Title IV, Sec. 425, as added Pub.L. 104-4, 
            Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
       676  Sec. 658e. Provisions relating to the House of 
                Representatives.
            (a) Enforcement in the House of Representatives
                It shall not be in order in the House of Representatives 
            to consider a rule or order that waives the application of 
            section 658d of this title.
            (b) Disposition of points of order
                (1) Application to the House of Representatives
                            This subsection shall apply only to the 
                        House of Representatives.
                (2) Threshold burden
                            In order to be cognizable by the Chair, a 
                        point of order under section 658d of this title 
                        or subsection (a) of this section must specify 
                        the precise language on which it is premised.
                (3) Question of consideration
                            As disposition of points of order under 
                        section 658d of this title or subsection (a) of 
                        this section, the Chair shall put the question 
                        of consideration with respect to the proposition 
                        that is the subject of the points of order.
                (4) Debate and intervening motions
                            A question of consideration under this 
                        section shall be debatable for 10 minutes by 
                        each Member initiating a point of order and for 
                        10 minutes by an opponent on each point of 
                        order, but shall otherwise be decided without 
                        intervening motion except one that the House 
                        adjourn or that the Committee of the Whole rise, 
                        as the case may be.
                (5) Effect on amendment in order as original text
                            The disposition of the question of 
                        consideration under this subsection with respect 
                        to a bill or joint resolution shall be 
                        considered also to determine the question of 
                        consideration under this subsection with respect 
                        to an amendment made in order as original text. 
                        (Pub.L. 93-344, Title IV, Sec. 426, as added 
                        Pub.L. 104-4, Title I, Sec. 101(a)(2), Mar. 22, 
                        1995, 109 Stat. 59.)
       677  Sec. 658f. Requests to the Congressional Budget Office from 
                Senators.
                At the written request of a Senator, the Director shall, 
            to the extent practicable, prepare an estimate of the direct 
            costs of a Federal intergovernmental mandate contained in an 
            amendment of such Senator. (Pub.L. 93-344, Title IV, 
            Sec. 427, as added Pub.L. 104-4, Title I, Sec. 101(a)(2), 
            Mar. 22, 1995, 109 Stat. 59.)
       678  Sec. 658g. Clarification of application.
            (a) In general
                This part applies to any bill, joint resolution, 
            amendment, motion, or conference report that reauthorizes 
            appropriations, or that amends existing authorizations of 
            appropriations, to carry out any statute, or

[[Page 547]]

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

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

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

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

       679  Sec. 661. Purposes.
                The purposes of this subchapter are to--
                            (1) measure more accurately the costs of 
                        Federal credit programs;
                            (2) place the cost of credit programs on a 
                        budgetary basis equivalent to other Federal 
                        spending;
                            (3) encourage the delivery of benefits in 
                        the form most appropriate to the needs of 
                        beneficiaries; and
                            (4) improve the allocation of resources 
                        among credit programs and between credit and 
                        other spending programs. (Pub L. 93-344, Title 
                        V, Sec. 501, as added Pub.L. 101-508, Title 
                        XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 
                        1388-610.)

[[Page 548]]


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

                                (i) loan disbursements;

                                (ii) repayments of principal; and

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

                    including the effects of changes in loan terms 
                    resulting from the exercise by the borrower of an 
                    option included in the loan contract.
                            (C) The cost of a loan guarantee shall be 
                        the net present value, at the time when the 
                        guaranteed loan is disbursed, of the following 
                        estimated cash flows:

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

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

                    including the effects of changes in loan terms 
                    resulting from the exercise by the guaranteed lender 
                    of an option included in the loan guarantee 
                    contract, or by the borrower of an option included 
                    in the guaranteed loan contract.
                            (D) The cost of a modification is the 
                        difference between the current estimate of the 
                        net present value of the remaining cash flows 
                        under the terms of a direct loan or loan 
                        guarantee contract, and the cur

[[Page 549]]

                        rent estimate of the net present value of the 
                        remaining cash flows under the terms of the 
                        contract, as modified.
                            (E) In estimating net present values, the 
                        discount rate shall be the average interest rate 
                        on marketable Treasury securities of similar 
                        maturity to the cash flows of the direct loan or 
                        loan guarantee for which the estimate is being 
                        made.
                            (F) When funds are obligated for a direct 
                        loan or loan guarantee, the estimated cost shall 
                        be based on the current assumptions, adjusted to 
                        incorporate the terms of the loan contract, for 
                        the fiscal year in which the funds are 
                        obligated.
                            (6) The term ``credit program account'' 
                        means the budget account into which an 
                        appropriation to cover the cost of a direct loan 
                        or loan guarantee program is made and from which 
                        such cost is disbursed to the financing account.
                            (7) The term ``financing account'' means the 
                        non-budget account or accounts associated with 
                        each credit program account which holds 
                        balances, receives the cost payment from the 
                        credit program account, and also includes all 
                        other cash flows to and from the Government 
                        resulting from direct loan obligations or loan 
                        guarantee commitments made on or after October 
                        1, 1991.
                            (8) The term ``liquidating account'' means 
                        the budget account that includes all cash flows 
                        to and from the Government resulting from direct 
                        loan obligations or loan guarantee commitments 
                        made prior to October 1, 1991.
                These accounts shall be shown in the budget on a cash 
            basis.
                            (9) The term ``modification'' means any 
                        Government action that alters the estimated cost 
                        of an outstanding direct loan (or direct loan 
                        obligation) or an outstanding loan guarantee (or 
                        loan guarantee commitment) from the current 
                        estimate of cash flows. This includes the sale 
                        of loan assets, with or without recourse, and 
                        the purchase of guaranteed loans. This also 
                        includes any action resulting from new 
                        legislation, or from the exercise of 
                        administrative discretion under existing law, 
                        that directly or indirectly alters the estimated 
                        cost of outstanding direct loans (or direct loan 
                        obligations) or loan guarantees (or loan 
                        guarantee commitments) such as a change in 
                        collection procedures.
                            (10) The term ``current'' has the same 
                        meaning as in section 900(c)(9) of this title.
                            (11) The term ``Director'' means the 
                        Director of the Office of Management and Budget. 
                        (Pub.L. 93-344, Title V, Sec. 502, as added 
                        Pub.L. 101-508, Title XIII, Sec. 13201(a), Nov. 
                        5, 1990, 104 Stat. 1388-610, and amended Pub.L. 
                        105-33, Title X, Sec. 10117(a), Aug. 5, 1997, 
                        111 Stat. 692.)
       681  Sec. 661b. OMB and CBO analysis, coordination, and review.
            (a) In general
                For the executive branch, the Director shall be 
            responsible for coordinating the estimates required by this 
            subchapter. The Director shall consult with the agencies 
            that administer direct loan or loan guarantee programs.

[[Page 550]]

            (b) Delegation
                The Director may delegate to agencies authority to make 
            estimates of costs. The delegation of authority shall be 
            based upon written guidelines, regulations, or criteria 
            consistent with the definitions in this subchapter.
            (c) Coordination with the Congressional Budget Office
                In developing estimation guidelines, regulations, or 
            criteria to be used by Federal agencies, the Director shall 
            consult with the Director of the Congressional Budget 
            Office.
            (d) Improving cost estimates
                The Director and the Director of the Congressional 
            Budget Office shall coordinate the development of more 
            accurate data on historical performance of direct loan and 
            loan guarantee programs. They shall annually review the 
            performance of outstanding direct loans and loan guarantees 
            to improve estimates of costs. The Office of Management and 
            Budget and the Congressional Budget Office shall have access 
            to all agency data that may facilitate the development and 
            improvement of estimates of costs.
            (e) Historical credit program costs
                The Director shall review, to the extent possible, 
            historical data and develop the best possible estimates of 
            adjustments that would convert aggregate historical budget 
            data to credit reform accounting.
            (f) Administrative costs
                The Director and the Director of the Congressional 
            Budget Office shall each analyze and report to Congress on 
            differences in long-term administrative costs for credit 
            programs versus grant programs by January 31, 1992. Their 
            reports shall recommend to Congress any changes, if 
            necessary, in the treatment of administrative costs under 
            credit reform accounting. (Pub.L. 93-344, Title V, Sec. 503, 
            as added Pub.L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 
            1990, 104 Stat. 1388-611.)
       682  Sec. 661c. Budgetary treatment.
            (a) President's budget
                Beginning with fiscal year 1992, the President's budget 
            shall reflect the costs of direct loan and loan guarantee 
            programs. The budget shall also include the planned level of 
            new direct loan obligations or loan guarantee commitments 
            associated with each appropriations request.
            (b) Appropriations required
                Notwithstanding any other provision of law, new direct 
            loan obligations may be incurred and new loan guarantee 
            commitments may be made for fiscal year 1992 and thereafter 
            only to the extent that--
                            (1) new budget authority to cover their 
                        costs is provided in advance in an 
                        appropriations Act;
                            (2) a limitation on the use of funds 
                        otherwise available for the cost of a direct 
                        loan or loan guarantee program has been provided 
                        in advance in an appropriations Act; or
                            (3) authority is otherwise provided in 
                        appropriation Acts.

[[Page 551]]

            (c) Exemption for mandatory programs
                Subsections (b) and (e) of this section shall not apply 
            to a direct loan or loan guarantee program that--
                            (1) constitutes an entitlement (such as the 
                        guaranteed student loan program or the veterans' 
                        home loan guaranty program); or
                            (2) all existing credit programs of the 
                        Commodity Credit Corporation on November 5, 
                        1990.
            (d) Budget accounting
                (1) The authority to incur new direct loan obligations, 
            make new loan guarantee commitments, or modify outstanding 
            direct loans (or direct loan obligations) or loan guarantees 
            (or loan guarantee commitments) shall constitute new budget 
            authority in an amount equal to the cost of the direct loan 
            or loan guarantee in the fiscal year in which definite 
            authority becomes available or indefinite authority is used. 
            Such budget authority shall constitute an obligation of the 
            credit program account to pay to the financing account.
                (2) The outlays resulting from new budget authority for 
            the cost of direct loans or loan guarantees described in 
            paragraph (1) shall be paid from the credit program account 
            into the financing account and recorded in the fiscal year 
            in which the direct loan or the guaranteed loan is disbursed 
            or its costs altered.
                (3) All collections and payments of the financing 
            accounts shall be a means of financing.
            (e) Modifications
                An outstanding direct loan (or direct loan obligation) 
            or loan guarantee (or loan guarantee commitment) shall not 
            be modified in a manner that increases its costs unless 
            budget authority for the additional cost has been provided 
            in advance in an appropriations Act.
            (f) Reestimates
                When the estimated cost for a group of direct loans or 
            loan guarantees for a given credit program made in a single 
            fiscal year is reestimated in a subsequent year, the 
            difference between the reestimated cost and the previous 
            cost estimate shall be displayed as a distinct and 
            separately identified subaccount in the credit program 
            account as a change in program costs and a change in net 
            interest. There is hereby provided permanent indefinite 
            authority for these reestimates.
            (g) Administrative expenses
                All funding for an agency's administration of a direct 
            loan or loan guarantee program shall be displayed as 
            distinct and separately identified subaccounts within the 
            same budget account as the program's cost. (Pub.L. 93-344, 
            Title V, Sec. 504, as added Pub.L. 101-508, Title XIII, 
            Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-612, and amended 
            Pub.L. 105-33, Title X, Sec. 10117(b), Aug. 5, 1997, 111 
            Stat. 693.)
       683  Sec. 661d. Authorizations.
            (a) Authorization of appropriations for costs
                There are authorized to be appropriated to each Federal 
            agency authorized to make direct loan obligations or loan 
            guarantee commitments, such sums as may be necessary to pay 
            the cost associated with such direct loan obligations or 
            loan guarantee commitments.

[[Page 552]]

            (b) Authorization for financing accounts
                In order to implement the accounting required by this 
            subchapter, the President is authorized to establish such 
            non-budgetary accounts as may be appropriate.
            (c) Treasury transactions with the financing accounts
                The Secretary of the Treasury shall borrow from, receive 
            from, lend to, or pay to the financing accounts such amounts 
            as may be appropriate. The Secretary of the Treasury may 
            prescribe forms and denominations, maturities, and terms and 
            conditions for the transactions described above, except that 
            the rate of interest charged by the Secretary on lending to 
            financing accounts (including amounts treated as lending to 
            financing accounts by the Federal Financing Bank 
            (hereinafter in this subsection referred to as the ``Bank'') 
            pursuant to section 655(b) of this title) and the rate of 
            interest paid to financing accounts on uninvested balances 
            in financing accounts shall be the same as the rate 
            determined pursuant to section 661a(5)(E) of this title. For 
            guaranteed loans financed by the Bank and treated as direct 
            loans by a Federal agency pursuant to section 655(b) of this 
            title, any fee or interest surcharge (the amount by which 
            the interest rate charged exceeds the rate determined 
            pursuant to section 661a(5)(E) of this title) that the Bank 
            charges to a private borrower pursuant to section 6(c) of 
            the Federal Financing Bank Act of 1973 shall be considered a 
            cash flow to the Government for the purposes of determining 
            the cost of the direct loan pursuant to section 661a(5) of 
            this title. All such amounts shall be credited to the 
            appropriate financing account. The Bank is authorized to 
            require reimbursement from a Federal agency to cover the 
            administrative expenses of the Bank that are attributable to 
            the direct loans financed for that agency. All such payments 
            by an agency shall be considered administrative expenses 
            subject to section 661c(g) of this title. This subsection 
            shall apply to transactions related to direct loan 
            obligations or loan guarantee commitments made on or after 
            October 1, 1991. The authorities described above shall not 
            be construed to supersede or override the authority of the 
            head of a Federal agency to administer and operate a direct 
            loan or loan guarantee program. All of the transactions 
            provided in this subsection shall be subject to the 
            provisions of subchapter II of chapter 15 of Title 31 [31 
            U.S.C. 1511 et seq.]. Cash balances of the financing 
            accounts in excess of current requirements shall be 
            maintained in a form of uninvested funds and the Secretary 
            of the Treasury shall pay interest on these funds.
            (d) Authorization for liquidating accounts
                (1) Amounts in liquidating accounts shall be available 
            only for payments resulting from direct loan obligations or 
            loan guarantee commitments made prior to October 1, 1991, 
            for--
                            (A) interest payments and principal 
                        repayments to the Treasury or the Federal 
                        Financing Bank for amounts borrowed;
                            (B) disbursements of loans;
                            (C) default and other guarantee claim 
                        payments;
                            (D) interest supplement payments;
                            (E) payments for the costs of foreclosing, 
                        managing, and selling collateral that are 
                        capitalized or routinely deducted from the 
                        proceeds of sales;

[[Page 553]]

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

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

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

                            (H) such other payments as are necessary for 
                        the liquidation of such direct loan obligations 
                        and loan guarantee commitments.
                (2) Amounts credited to liquidating accounts in any year 
            shall be available only for payments required in that year. 
            Any unobligated balances in liquidating accounts at the end 
            of a fiscal year shall be transferred to miscellaneous 
            receipts as soon as practicable after the end of the fiscal 
            year.
                (3) If funds in liquidating accounts are insufficient to 
            satisfy obligations and commitments of such accounts, there 
            is hereby provided permanent, indefinite authority to make 
            any payments required to be made on such obligations and 
            commitments.
            (e) Authorization of appropriations for implementation 
                expenses
                There are authorized to be appropriated to existing 
            accounts such sums as may be necessary for salaries and 
            expenses to carry out the responsibilities under this 
            subchapter.
            (f) Reinsurance
                Nothing in this subchapter shall be construed as 
            authorizing or requiring the purchase of insurance or 
            reinsurance on a direct loan or loan guarantee from private 
            insurers. If any such reinsurance for a direct loan or loan 
            guarantee is authorized, the cost of such insurance and any 
            recoveries to the Government shall be included in the 
            calculation of the cost.
            (g) Eligibility and assistance
                Nothing in this subchapter shall be construed to change 
            the authority or the responsibility of a Federal agency to 
            determine the terms and conditions of eligibility for, or 
            the amount of assistance provided by a direct loan or a loan 
            guarantee. (Pub.L. 93-344, Title V, Sec. 505, as added 
            Pub.L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 104 
            Stat. 1388-613, and amended Pub.L. 105-33, Title X, 
            Sec. 10117(c), Aug. 5, 1997, 111 Stat. 694.)
       684  Sec. 661e. Treatment of deposit insurance and agencies and 
                other insurance programs.
            (a) In general
                This subchapter shall not apply to the credit or 
            insurance activities of the Federal Deposit Insurance 
            Corporation, National Credit Union Administration, 
            Resolution Trust Corporation, Pension Benefit Guaranty 
            Corporation, National Flood Insurance, National Insurance 
            Development Fund, Crop Insurance, or Tennessee Valley 
            Authority.

[[Page 554]]

            (b) Study
                The Director and the Director of the Congressional 
            Budget Office shall each study whether the accounting for 
            Federal deposit insurance programs should be on a cash basis 
            on the same basis as loan guarantees, or on a different 
            basis. Each Director shall report findings and 
            recommendations to the President and the Congress on or 
            before May 31, 1991.
            (c) Access to data
                For the purposes of subsection (b) of this section, the 
            Office of Management and Budget and the Congressional Budget 
            Office shall have access to all agency data that may 
            facilitate these studies. (Pub.L. 93-344, Title V, Sec. 506, 
            as added Pub.L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 
            1990, 104 Stat. 1388-614, and amended Pub.L. 105-33, Title 
            X, Sec. 10117(d), Aug. 5, 1997, 111 Stat. 695.)
       685  Sec. 661f. Effect on other laws.
            (a) Effect on other laws
                This subchapter shall supersede, modify, or repeal any 
            provision of law enacted prior to November 5, 1990 to the 
            extent such provision is inconsistent with this subchapter. 
            Nothing in this subchapter shall be construed to establish a 
            credit limitation on any Federal loan or loan guarantee 
            program.
            (b) Crediting of collections
                Collections resulting from direct loans obligated or 
            loan guarantees committed prior to October 1, 1991, shall be 
            credited to the liquidating accounts of Federal agencies. 
            Amounts so credited shall be available, to the same extent 
            that they were available prior to November 5, 1990, to 
            liquidate obligations arising from such direct loans 
            obligated or loan guarantees committed prior to October 1, 
            1991, including repayment of any obligations held by the 
            Secretary of the Treasury or the Federal Financing Bank. The 
            unobligated balances of such accounts that are in excess of 
            current needs shall be transferred to the general fund of 
            the Treasury. Such transfers shall be made from time to time 
            but, at least once each year. (Pub.L. 93-344, Title V, 
            Sec. 507, as added Pub.L. 101-508, Title XIII, 
            Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)

[[Page 555]]



            
               Subchapter IV.--Budget Agreement Enforcement Provisions

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

  

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

  

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

  

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

  

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

  

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

            
                          Subchapter I.--General Provisions

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

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

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

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

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

[[Page 556]]

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

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

[[Page 557]]

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

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

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

[[Page 558]]

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

[[Page 559]]

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

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

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

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

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

[[Page 560]]


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

[[Page 561]]

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

[[Page 562]]

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

                  
            Exercise of rulemaking powers.
                (a) The provisions of this title and of Titles I, III, 
            IV, and V and the provisions of sections 701, 703, and 1017 
            are enacted by the Congress--
                            (1) as an exercise of the rulemaking power 
                        of the House of Representatives and the Senate, 
                        respectively, and as such they shall

[[Page 563]]

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

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

            Referral of matters dealing with rescissions and deferrals.
                On January 30, 1975, the Senate agreed to the following 
            resolution, which provides for the referral of matters 
            dealing with rescissions and deferrals:

[[Page 564]]

                Resolved (1) That messages received pursuant to Title X 
            of the Congressional Budget and Impoundment Control Act [2 
            U.S.C. 681-2 U.S.C. 688] be referred concurrently to the 
            Appropriations Committee, to the Budget Committee, and to 
            any other appropriate authorizing committee.
                (2) That bills, resolutions, and joint resolutions 
            introduced with respect to rescissions and deferrals shall 
            be referred to the Appropriations Committee, the Budget 
            Committee, and pending implementation of section 410 of the 
            Congressional Budget Impoundment Control Act [should be 
            section 401, 2 U.S.C. 651] and subject to section 401(d) [2 
            U.S.C. 651(d)], to any other committee exercising 
            jurisdiction over contract and borrowing authority programs 
            as defined by section 401(c)(2) (A) and (B) [2 U.S.C. 
            651(c)(2) (A) and (B)]. The Budget Committee and such other 
            Committees shall report their views, if any, to the 
            Appropriations Committee within 20 days following referral 
            of such bills, resolutions, or joint resolutions. The Budget 
            Committee's consideration shall extend only to macroeconomic 
            implications, impact on priorities and aggregate spending 
            levels, and the legality of the President's use of the 
            deferral and rescissions mechanism under Title X. The 
            Appropriations and authorizing committees shall exercise 
            their normal responsibilities over programs and priorities.
                (3) If any Committee to which a bill or resolution has 
            been referred recommends its passage, the Appropriations 
            Committee shall report that bill or resolution together with 
            its views and reports of the Budget and any appropriate 
            authorizing committees to the Senate within:
                            (A) the time remaining under the Act in the 
                        case of rescissions, or
                            (B) within 20 days in the case of deferrals.
                (4) The 20 day period referred to herein means 20 
            calendar days; and for the purposes of computing the 20 
            days, recesses or adjournments of the Senate for more than 3 
            days to a day certain shall not be counted; and for recesses 
            and adjournments of more than 30 calendar days, continuous 
            duration or the sine die adjournment of a session, the 20 
            day period shall begin anew on the day following the 
            reconvening of the Senate. (S. Res. 45, 94-1, Jan. 30, 1975, 
            121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11, 
            1986, Cong. Rec., p. 4157, daily ed.).
            Joint referral of legislation affecting the budget process.
                On August 4, 1977, the Senate agreed to an order 
            providing that legislation affecting the congressional 
            budget process be referred jointly to the Committee on the 
            Budget and the Committee on Governmental Affairs and that, 
            if one committee reports a jointly referred measure, the 
            other must act on the measure within 30 calendar days of 
            continuous possession or be automatically discharged from 
            further consideration of the measure:
                Legislative proposals affecting the congressional budget 
            process to which this order applies are:
                First. The functions, duties, and powers of the Budget 
            Committee--as described in Title I of the . . . 
            [Congressional Budget and Impoundment Control Act of 1974];
                Second. The functions, duties, and powers of the 
            Congressional Budget Office--as described in Titles II and 
            IV of the Act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
                Third. The process by which Congress annually 
            establishes the appropriate levels of budget authority, 
            outlays, revenues, deficits or surpluses,

[[Page 565]]

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

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

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

[[Page 566]]



            
                      Chapter 19.--CONGRESSIONAL AWARD PROGRAM

            
                     Subchapter I.--Congressional Award Program

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

[[Page 567]]

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

[[Page 568]]

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

[[Page 569]]

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

[[Page 570]]

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

[[Page 571]]

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

[[Page 572]]

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

[[Page 573]]

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

[[Page 574]]

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

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

[[Page 575]]

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

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

                            (2) Board

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

                            (3) Elementary school; secondary school

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

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

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

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

[[Page 576]]

                            (4) State

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

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

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

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

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

[[Page 577]]

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

                                        (i) that the school--

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

                                        (ii) 3 of the following:

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

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

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

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

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

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

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

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

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

[[Page 578]]

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

                (2) Student awards
                            (A) In general

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

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

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

                            (B) Award model

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

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

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

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

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

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

[[Page 579]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                            (B) Diversity

[[Page 580]]

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

                                        (i) Music.

                                        (ii) Theater.

                                        (iii) Visual Arts.

                                        (iv) Dance.

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

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

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

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

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

[[Page 581]]

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

[[Page 582]]

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

[[Page 583]]

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

[[Page 584]]



            
                Chapter 19A. John Heinz Competitive Excellence Award

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

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

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

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

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

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

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

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

[[Page 585]]

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

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

[[Page 586]]

            cost of implementing this section. (Pub.L. 102-429, Title 
            III, Sec. 301, Oct. 21, 1992, 106 Stat. 2205.)
            
             Chapter 20.--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

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

       720  Sec. 900. Statement of budget enforcement through 
                sequestration; definitions.
            (a) Omitted
            (b) General statement of budget enforcement through 
                sequestration
                This chapter provides for budget enforcement as called 
            for in HouseConcurrent Resolution 84 (105th Congress, 1st 
            session).
            (c) Definitions
                As used in this subchapter:
                            (1) The terms ``budget authority'', ``new 
                        budget authority'', ``outlays'', and ``deficit'' 
                        have the meanings given to such terms in section 
                        3 of the Congressional Budget and Impoundment 
                        Control Act of 1974 [2 U.S.C.A. Sec. 622] and 
                        ``discretionary spending limit'' shall mean the 
                        amounts specified in section 901 of this title.
                            (2) The terms ``sequester'' and 
                        ``sequestration'' refer to or mean the 
                        cancellation of budgetary resources provided by 
                        discretionary appropriations or direct spending 
                        law.
                            (3) The term ``breach'' means, for any 
                        fiscal year, the amount (if any) by which new 
                        budget authority or outlays for that year 
                        (within a category of discretionary 
                        appropriations) is above that category's 
                        discretionary spending limit for new budget 
                        authority or outlays for that year, as the case 
                        may be.
                            (4)(A) The term ``category'' means the 
                        subsets of discretionary appropriations in 
                        section 251(c). Discretionary appropriations in 
                        each of the categories shall be those designated 
                        in the joint explanatory statement accompanying 
                        the conference report on the Balanced Budget Act 
                        of 1997. New accounts or activities shall be 
                        categorized only after consultation with the 
                        committees\1\ on Appropriations and the Budget 
                        of the House of Representatives and the Senate 
                        and that consultation shall, to the extent 
                        practicable, include written communication to 
                        such committees that affords such committees the 
                        opportunity to comment before official action is 
                        taken with respect to new accounts or 
                        activities.
                \1\ So in original. ``Committees'' probably should be 
                capitalized.
                            (B) The term ``highway category'' refers to 
                        the following budget accounts or portions 
                        thereof that are subject to the obligation 
                        limitations on contract authority set forth in 
                        the Safe, Accountable, Flexible, Efficient 
                        Transportation Equity Act: A Legacy for Users:

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

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

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

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

[[Page 587]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                            (D) Special rule.--(i) Any outlays in excess 
                        of the discretionary spending limit set forth in 
                        section 901(c) of this title for the highway or 
                        mass transit category, as adjusted, for the 
                        budget year shall be considered nondefense 
                        category outlays or discretionary category 
                        outlays.
                            (ii) If the obligation limitations for 
                        accounts in the highway or mass transit category 
                        provided in an appropriation Act for a fiscal 
                        year exceed the obligation limitations set forth 
                        in section 8103 of the Transportation Equity Act 
                        for the 21st Century for that year, as adjusted, 
                        the estimated outlays flowing for each outyear 
                        from such excess obligations calculated pursuant 
                        to clause (iii) shall be attributed to the 
                        discretionary category in that outyear.
                            (iii) For purposes of clause (ii), outlays 
                        from excess obligations shall be determined 
                        using the average of the spendout rates for that 
                        category in the baseline.
                            (E) The term ``conservation spending 
                        category'' means discretionary appropriations 
                        for conservation activities in the following 
                        budget accounts or portions thereof providing 
                        appropriations to preserve and protect lands, 
                        habitat, wildlife, and other natural resources, 
                        to provide recreational opportunities, and for 
                        related purposes:

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

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

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

                                (iv) 12-9923 Forest Service Land 
                            Acquisition.

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

[[Page 588]]

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

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

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

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

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

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

                                (xii) Youth Conservation Corps.

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

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

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

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

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

                            (F) The term ``Federal and State Land and 
                        Water Conservation Fund sub-category'' means 
                        discretionary appropriations for activities in 
                        the accounts described in (E)(i)-(E)(iv) or 
                        portions thereof.
                            (G) The term ``State and Other Conservation 
                        sub-category'' means discretionary 
                        appropriations for activities in the accounts 
                        described in\1\ (E)(v)-(E)(ix), with the 
                        exception of Urban and Community Forestry as 
                        described in1 (E)(ix), or portions 
                        thereof.
                \1\ So in original. Probably should be followed by 
                ``subparagraph''.
                            (H) The term ``Urban and Historic 
                        Preservation sub-category'' mans discretionary 
                        appropriations for activities in the accounts 
                        described in1 (E)(ix)-(E)(xii), with 
                        the exception of Forest Legacy and Smart Growth 
                        Partnerships as described in1 
                        (E)(ix), or portions thereof.
                            (I) The term ``Payments in Lieu of Taxes 
                        sub-category'' means discretionary 
                        appropriations for activities in the account 
                        described in1 (E)(xiii) or portions 
                        thereof.
                            (J) The term ``Federal Deferred Maintenance 
                        sub-category'' means discretionary 
                        appropriations for activities in the account 
                        described in1 (E)(xiv) or portions 
                        thereof.
                            (K) The term ``Coastal Assistance sub-
                        category'' means discretionary appropriations 
                        for activities in the accounts described in\1\ 
                        (E)(xv)-(E)(xvii) or portions thereof.
                            (5) The term ``baseline'' means the 
                        projection (described in section 907 of this 
                        title) of current-year levels of new budget 
                        authority, outlays, receipts, and the surplus or 
                        deficit into the budget year and the outyears.

[[Page 589]]

                            (6) The term ``budgetary resources'' means 
                        new budget authority, unobligated balances, 
                        direct spending authority, and obligation 
                        limitations.
                            (7) The term ``discretionary 
                        appropriations'' means budgetary resources 
                        (except to fund direct-spending programs) 
                        provided in appropriation Acts.
                            (8) The term ``direct spending'' means--

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

                                (B) entitlement authority; and

                                (C) the food stamp program.

                            (9) The term ``current'' means, with respect 
                        to OMB estimates included with a budget 
                        submission under section 1105(a) of Title 31, 
                        the estimates consistent with the economic and 
                        technical assumptions underlying that budget and 
                        with respect to estimates made after that budget 
                        submission that are not included with it, 
                        estimates consistent with the economic and 
                        technical assumptions underlying the most 
                        recently submitted President's budget.
                            (10) The term ``real economic growth'', with 
                        respect to any fiscal year, means the growth in 
                        the gross national product during such fiscal 
                        year, adjusted for inflation, consistent with 
                        Department of Commerce definitions.
                            (11) The term ``account'' means an item for 
                        which appropriations are made in any 
                        appropriation Act and, for items not provided 
                        for in appropriation Acts, such term means an 
                        item for which there is a designated budget 
                        account identification code number in the 
                        President's budget.
                            (12) The term ``budget year'' means, with 
                        respect to a session of Congress, the fiscal 
                        year of the Government that starts on October 1 
                        of the calendar year in which that session 
                        begins.
                            (13) The term ``current year'' means, with 
                        respect to a budget year, the fiscal year that 
                        immediately precedes that budget year.
                            (14) The term ``outyear'' means, with 
                        respect to a budget year, any of the first 4 
                        fiscal years that follow the budget year.
                            (15) The term ``OMB'' means the Director of 
                        the Office of Management and Budget.
                            (16) The term ``CBO'' means the Director of 
                        the Congressional Budget Office.
                            (17) As used in this subchapter, all 
                        references to entitlement authority shall 
                        include the list of mandatory appropriations 
                        included in the joint explanatory statement of 
                        managers accompanying the conference report on 
                        the Balanced Budget Act of 1997.
                            (18) The term ``deposit insurance'' refers 
                        to the Federal deposit insurance agencies, and 
                        other Federal agencies supervising insured 
                        depository institutions, resulting from full 
                        funding of, and continuation of, the deposit 
                        insurance guarantee commitment in effect under 
                        current estimates.
                            (19) The term ``asset sale'' means the sale 
                        to the public of any asset (except for those 
                        assets covered by title V of the Congressional 
                        Budget Act of 1974), whether physical or 
                        financial, owned in whole or in part by the 
                        United States.
                            (20) Repealed (Pub.L. 105-33, Title X, 
                        Sec. 10202(b)(6), Aug. 5, 1997, 111 Stat. 698).

[[Page 590]]

                            (21) Redesignated (19)

            (As amended Pub.L. 105-33, Title X, Sec. 10202, Aug. 5, 
            1997, 111 Stat. 697; Pub.L. 105-178, Title VIII, 
            Sec. 8101(c), (f), June 9, 1998, 112 Stat. 489; Pub.L. 105-
            206, Title IX, Sec. 9013(b), July 22, 1998, 112 Stat. 865; 
            Pub.L. 106-291, Title VIII, Sec. 801(c), Oct. 11, 2000, 114 
            Stat. 1028; Pub.L. 108-88, Sec. 10(c), Sept. 30, 2003, 117 
            Stat. 1127; Pub.L. 108-310, Sec. 10(c)(1), (2), Sept. 30, 
            2004, 118 Stat. 1160; Pub.L. 109-59, Title VIII, 
            Sec. 8001(b), Aug. 10, 2005, 119 Stat. 1915.)

                        Waivers and Suspensions in the Senate
                Section 271(b) of Pub.L. 99-177, as amended by Pub.L. 
            100-119, Title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787, 
            provided that: ``Sections 301(i), 302(c), 302(f), 304(b), 
            310(d), 310(g), and 311(a) of the Congressional Budget Act 
            of 1974 [sections 632(i), 633(c), 633(f), 635(b), 641(d), 
            641(g), and 642(a) of this title] may be waived or suspended 
            in the Senate only by the affirmative vote of three-fifths 
            of the Members, duly chosen and sworn. This subsection shall 
            not apply to any joint resolution reported or discharged 
            pursuant to section 254(a) of this joint resolution [section 
            904(a) of this title].''
                [For effective and termination dates of section 271(b) 
            of Pub.L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.L. 
            99-177, set out as a note above.]
                                 Appeals of Rulings
                Section 271(c) of Pub.L. 99-177, as enacted by Pub.L. 
            100-119, Title II, Sec. 210(a), Sept. 29, 1987, 101 Stat. 
            787, provided that: ``An affirmative vote of three-fifths of 
            the Members of the Senate, duly chosen and sworn, shall be 
            required in the Senate to sustain an appeal of the ruling of 
            the Chair on a point of order raised under section 301(i), 
            302(c), 302(f), 304(b), 306, 310(g), or 311(a) of the 
            Congressional Budget Act of 1974.'' [sections 632(i), 
            633(c), 633(f), 635(b), 637, 641(d), 641(g), or 642(a) of 
            this title].
                [For effective and termination dates of section 271(c) 
            of Pub.L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.L. 
            99-177, set out as a note above.]
       721  Sec. 901. Enforcing discretionary spending limits.
            (a) Enforcement
                (1) Sequestration
                            Within 15 calendar days after Congress 
                        adjourns to end a session and on the same day as 
                        a sequestration (if any) under section 902 of 
                        this title and section 903 of this title, there 
                        shall be a sequestration to eliminate a budget-
                        year breach, if any, within any category.
                (2) Eliminating a breach
                            Each non-exempt account within a category 
                        shall be reduced by a dollar amount calculated 
                        by multiplying the baseline level of 
                        sequestrable budgetary resources in that account 
                        at that time by the uniform percentage necessary 
                        to eliminate a breach within that category; 
                        except that the health programs set forth in 
                        section 906(e) of this title shall not be 
                        reduced by more than 2 percent and the uniform 
                        percent applicable to all other programs under 
                        this paragraph shall be increased (if necessary) 
                        to a level sufficient to eliminate that breach. 
                        If, within a category, the discretionary 
                        spending limits for both new budget authority 
                        and outlays are breached, the uniform percentage 
                        shall be calculated by--

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

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

                (3) Military personnel

[[Page 591]]

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

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

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

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

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

                            (B) OMB estimates and explanation of 
                        differences

                                Not later than 7 calendar days 
                            (excluding Saturdays, Sundays, and legal 
                            holidays) after the date of enactment of any 
                            discretionary appropriation, OMB shall 
                            transmit a report to the House of 
                            Representatives and to the Senate containing 
                            the CBO estimate of that legislation, an OMB 
                            estimate of the amount of discretionary new 
                            budget authority and outlays for the current

[[Page 592]]

                            year (if any) and the budget year provided 
                            by that legislation, and an explanation of 
                            any difference between the 2 estimates. If 
                            during the preparation of the report OMB 
                            determines that there is a significant 
                            difference between OMB and CBO, OMB shall 
                            consult with the Committees on the Budget of 
                            the House of Representatives and the Senate 
                            regarding that difference and that 
                            consultation shall include, to the extent 
                            practicable, written communication to those 
                            committees that affords such committees the 
                            opportunity to comment before the issuance 
                            of the report.

                            (C) Assumptions and guidelines

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

                            (D) Annual appropriations

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

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

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

                            (B) Adjustment to align highway spending 
                        with revenues

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

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

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

[[Page 593]]

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

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

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

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

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

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

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

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

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

                            (C) In addition to the adjustment required 
                        by subparagraph (B), when the President submits 
                        the budget under section 1105 of Title 31 for 
                        fiscal year 2007, 2008, or 2009, OMB shall 
                        calculate and the budget shall include for the 
                        budget year and each outyear an adjustment to 
                        the limits on outlays for the highway category 
                        and the mass transit category equal to--

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

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

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

[[Page 594]]

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

                                (A) Emergency appropriations

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

                                (B) Special outlay allowance

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

                                (C) Continuing disability reviews

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

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

                                        (ii) As used in this 
                                    subparagraph--

                                                (I) the term 
                                            ``continuing disability 
                                            reviews'' means reviews or 
                                            redeterminations as defined 
                                            under section 401(g)(1)(A) 
                                            of Title 42 and reviews and 
                                            redeterminations authorized 
                                            under section 211 of the 
                                            Personal Responsibility and 
                                            Work Opportunity 
                                            Reconciliation Act of 1996;
                                                (II) the term 
                                            ``additional new budget 
                                            authority'' means the amount 
                                            provided for a fiscal year, 
                                            in excess of

[[Page 595]]

                                            $200,000,000, in an 
                                            appropriations Act and 
                                            specified to pay for the 
                                            costs of continuing 
                                            disability reviews under the 
                                            heading ``Limitation on 
                                            Administrative Expenses'' 
                                            for the Social Security 
                                            Administration; and
                                                (III) the term 
                                            ``additional outlays'' means 
                                            outlays, in excess of 
                                            $200,000,000 in a fiscal 
                                            year, flowing from the 
                                            amounts specified for 
                                            continuing disability 
                                            reviews under the heading 
                                            ``Limitation on 
                                            Administrative Expenses'' 
                                            for the Social Security 
                                            Administration, including 
                                            outlays in that fiscal year 
                                            flowing from amounts 
                                            specified in Acts enacted 
                                            for prior fiscal years (but 
                                            not before 1996).

                                (D) Allowance for IMF

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

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

                                (E) Allowance for international 
                            arrearages

                                        (i) Adjustments

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

                                        (ii) Limitations

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

                                (F) EITC compliance initiative

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

                                                (i) with respect to 
                                            fiscal year 1998, 
                                            $138,000,000 in new budget 
                                            authority and $131,000,000 
                                            in outlays;
                                                (ii) with respect to 
                                            fiscal year 1999, 
                                            $143,000,000 in new budget 
                                            authority and $143,000,000 
                                            in outlays;
                                                (iii) with respect to 
                                            fiscal year 2000, 
                                            $144,000,000 in new budget 
                                            authority and $144,000,000 
                                            in outlays;

[[Page 596]]

                                                (iv) with respect to 
                                            fiscal year 2001, 
                                            $145,000,000 in new budget 
                                            authority and $145,000,000 
                                            in outlays; and
                                                (v) with respect to 
                                            fiscal year 2002, 
                                            $146,000,000 in new budget 
                                            authority and $146,000,000 
                                            in outlays.

                                (G) Adoption incentive payments

                                        Whenever a bill or joint 
                                    resolution making appropriations for 
                                    fiscal year 1999, 2000, 2001, 2002, 
                                    or 2003 is enacted that specifies an 
                                    amount for adoption incentive 
                                    payments pursuant to this part for 
                                    the Department of Health and Human 
                                    Services--

                                                (i) the adjustments for 
                                            new budget authority shall 
                                            be the amounts of new budget 
                                            authority provided in that 
                                            measure for adoption 
                                            incentive payments, but not 
                                            to exceed $20,000,000; and
                                                (ii) the adjustment for 
                                            outlays shall be the 
                                            additional outlays flowing 
                                            from such amount.

                                (H) Conservation spending

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

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

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

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

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

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

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

                            (2) with respect to fiscal year 2006--

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

[[Page 597]]

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

                            (3) with respect to fiscal year 2007--

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

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

                            (4) with respect to fiscal year 2008--

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

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

                            (5) with respect to fiscal year 2009--

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

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

                            (6) with respect to fiscal year 2005 for the 
                        conservation spending category; $240,000,000 in 
                        new budget authority and $2,192,000,000 in 
                        outlays;
                            (7) with respect to fiscal year 2006 for the 
                        conservation spending category: $2,400,000,000, 
                        in new budget authority and $2,352,000,000 in 
                        outlays;
                            (8) with respect to each fiscal year 2002 
                        through 2006 for the Federal and State Land and 
                        Water Conservation Fund sub-category of the 
                        conservation spending category: $540,000,000 in 
                        new budget authority and the outlays flowing 
                        therefrom:
                            (9) with respect to each fiscal year 2002 
                        through 2006 for the State and Other 
                        Conservation sub-category of the conservation 
                        spending category: $300,000,000 in new budget 
                        authority and the outlays flowing therefrom;
                            (10) with respect to each fiscal year 2002 
                        through 2006 for the Urban and Historic 
                        Preservation sub-category of the conservation 
                        spending category: $160,000,000 in new budget 
                        authority and the outlays flowing therefrom;
                            (11) with respect to each fiscal year 2002 
                        through 2006 for the Payments in Lieu of Taxes 
                        sub-category of the conservation spending 
                        category: $50,000,000 in new budget authority 
                        and the outlays flowing therefrom;
                            (12) with respect to each fiscal year 2002 
                        through 2006 for the Federal Deferred 
                        Maintenance sub-category of the conservation 
                        spending category: $150,000,000 in new budget 
                        authority and the outlays flowing therefrom;
                            (13) with respect to fiscal year 2002 for 
                        the Coastal Assistance sub-category of the 
                        conservation spending category: $440,000,000 in 
                        new budget authority and the outlays flowing 
                        therefrom; with respect to fiscal year 2003 for 
                        the Coastal Assistance sub-category of the 
                        conservation spending category: $480,000,000 in 
                        new budget authority and the outlays flowing 
                        therefrom; with respect to fiscal year 2004 for 
                        the Coastal Assistance sub-category of the 
                        conservation spending category: $520,000,000 in 
                        new budget authority and the outlays flowing 
                        therefrom; with respect to fiscal year 2005 for 
                        the Coastal Assistance sub-category of the 
                        conservation spending category: $560,000,000 in 
                        new budget authority and the outlays flowing 
                        therefrom; and with respect to fiscal year 2006 
                        for the Coastal Assistance sub-category of the 
                        conservation spending category:

[[Page 598]]

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

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

            (As amended Pub.L. 105-33, Title X, Sec. 10203(a), (b), Aug. 
            5, 1997, 111 Stat. 698, 701; Pub.L. 105-89, Sec. 201(b)(1), 
            Nov. 19, 1997, 111 Stat. 2125; Pub.L. 105-178, Title VIII, 
            Sec. 801(a), (d), June 9, 1998, 112 Stat. 488, 490; Pub.L. 
            106-291, Title VIII, Sec. 801(a), (b), Oct. 11, 2000, 114 
            Stat. 1026, 1027; Pub.L. 106-429, Sec. 101(a) [Title VII, 
            Sec. 701(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64; Pub.L. 
            107-117, Div. C, Sec. 101(a), Jan. 10, 2002, 115 Stat. 2341; 
            Pub.L. 108-88, Sec. 10(a), (b), Sept. 30, 2003, 117 Stat. 
            1127; Pub.L. 108-310, Sec. 10(a), (b), Sept. 30, 2004, 118 
            Stat. 1160; Pub.L. 109-59, Title VIII, Sec. Sec. 8001(a), 
            8002, Aug. 10, 2005, 119 Stat. 1915, 1916.)

                           Effective and Termination Dates
                Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub.L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Applicability Provisions note under section 900 of this 
            title.
                For effective and termination dates of this section by 
            section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
            33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see 
            Effective and Applicability Provisions note under section 
            900 of this title.
                           Level of Obligation Limitations
                Pub.L. 109-59, Title VIII, Sec. 8003, Aug. 10, 2005, 119 
            Stat 1917, provided that:
                            ``(a) Highway category.--For the purposes of 
                        section 251(b) of the Balanced Budget and 
                        Emergency Deficit Control Act of 1985 [subsec. 
                        (b) of this section], the level of obligation 
                        limitations for the highway category is--

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

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

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

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

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

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

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

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

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

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

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

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

       722  Sec. 901a. Repealed (Pub. L 105-33, Title X, Sec. 
                10204(a)(1), Aug. 5, 1997, 111 Stat. 702).
                Section, Pub.L. 99-177, Sec. 251a, as added Pub.L. 103-
            322, Title XXXI, Sec. 310001(g)(1), Sept. 13, 1994, 108 
            Stat. 2104, related to sequestration with respect to Violent 
            Crime Reduction Trust Fund.

[[Page 599]]


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

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

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

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

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

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

                            (B) Second

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

                            (C) Third

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

[[Page 600]]

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

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

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

                                (A) the CBO estimate of that 
                            legislation;

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

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

                (3) Significant differences
                            If during the preparation of the report 
                        under paragraph (2) OMB determines that there is 
                        a significant difference between the OMB and CBO 
                        estimates, OMB shall consult with the Committees 
                        on the Budget of the House of Representatives 
                        and the Senate regarding that difference and 
                        that consultation, to the extent practicable, 
                        shall include written communication to such 
                        committees that affords such committees the 
                        opportunity to comment before the issuance of 
                        that report.
                (4) Scope of estimates
                            The estimates under this section shall 
                        include the amount of change in outlays or 
                        receipts for the current year (if applicable), 
                        the budget year, and each outyear excluding any 
                        amounts resulting from--

                                (A) full finding of, and continuation 
                            of, the deposit insurance guarantee 
                            commitment in effect under current 
                            estimates; and

                                (B) emergency provisions as designated 
                            under subsection (e) of this section.

                (5) Scorekeeping guidelines
                            OMB and CBO, after consultation with each 
                        other and the Committees on the Budget of the 
                        House of Representatives and the Senate, shall--

                                (A) determine common scorekeeping 
                            guidelines; and

                                (B) in conformance with such guidelines, 
                            prepare estimates under this section.

            (e) Emergency legislation

            If a provision of direct spending or receipts legislation is 
            enacted that the President designates as an emergency 
            requirement and that the

[[Page 601]]

            Congress so designates in statute, the amounts of new budget 
            authority, outlays, and receipts in all fiscal years 
            resulting from that provision shall be designated as an 
            emergency requirement in the reports required under 
            subsection (d) of this section. This subsection shall not 
            apply to direct spending provisions to cover agricultural 
            crop disaster assistance. (Pub.L. 99-177, Title II, 
            Sec. 252, Dec. 12, 1985, 99 Stat. 1072; Pub.L. 100-119, 
            Title I, Sec. 102(a), Sept. 29, 1987, 101 Stat. 764; Pub.L. 
            100-203, Title VIII, Sec. 8003(e), Dec. 22, 1987, 101 Stat. 
            1330-282; Pub.L. 101-508, Title XIII, Sec. 13101(a), Nov. 5, 
            1990, 104 Stat. 1388-581; Pub.L. 103-354, Title I, 
            Sec. 119(d)(2), Oct. 13, 1994, 108 Stat. 3208; Pub.L. 105-
            33, Title X, Sec. 10205, Aug. 5, 1997, 111 Stat. 702.)

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

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

            (c) Dividing the sequestration
                To eliminate the excess deficit in a budget year, half 
            of the required outlay reductions shall be obtained from 
            non-exempt defense accounts (accounts designated as function 
            050 in the President's fiscal year 1991 budget submission) 
            and half from non-exempt, non-defense accounts (all other 
            non-exempt accounts).
            (d) Defense
                Each non-exempt defense account shall be reduced by a 
            dollar amount calculated by multiplying the level of 
            sequestrable budgetary resources in that account at that 
            time by the uniform percentage necessary to carry out 
            subsection (c) of this section, except that, if any military 
            personnel are exempt, adjustments shall be made under the 
            procedure set forth in section 901(a)(3) of this title.
            (e) Non-defense
                Actions to reduce non-defense accounts shall be taken in 
            the following order:

[[Page 602]]

                            (1) First

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

                            (2) Second

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

                            (3) Third

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

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

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

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

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

            (f) Baseline assumptions; part-year appropriations
                (1) Budget assumptions
                            For purposes of subsections (b), (c), (d), 
                        and (e) of this section, accounts shall be 
                        assumed to be at the level in the baseline minus 
                        any reductions required to be made under 
                        sections 901 and 902 of this title.
                (2) Part-year appropriations
                            If, on the date specified in subsection (a) 
                        of this section, there is in effect an Act 
                        making or continuing appropriations for part of 
                        a fiscal year for any non-exempt budget account, 
                        then the dollar sequestration calculated for 
                        that account under subsection (d) or (e) of this 
                        section, as applicable, shall be subtracted 
                        from--

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

                                (B) when a full-year appropriation for 
                            that account is enacted, from the amount 
                            otherwise provided by the full-year 
                            appropriation; except that the amount to be 
                            sequestered from that account shall be 
                            reduced (but not below zero) by the savings 
                            achieved

[[Page 603]]

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

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

            Each adjustment shall be made by increasing or decreasing 
            the maximum deficit amounts set forth in section 665 of this 
            title.

                (2) Calculations of adjustments
                            The required increase or decrease shall be 
                        calculated as follows:

                                (A) The baseline deficit or surplus 
                            shall be calculated using up-to-date 
                            economic and technical assumptions, using 
                            up-to-date concepts and definitions, and, in 
                            lieu of the baseline levels of discretionary 
                            appropriations, using the discretionary 
                            spending limits set forth in section 665 of 
                            this title as adjusted under section 901 of 
                            this title.

                                (B) The net deficit increase or decrease 
                            caused by all direct spending and receipts 
                            legislation enacted after the date of 
                            enactment of this section (after adjusting 
                            for any sequestration of

[[Page 604]]

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

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

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

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

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

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

            (h) Treatment of deposit insurance
                (1) Initial estimates
                            The initial estimates of the net costs of 
                        federal deposit insurance for fiscal year 1994 
                        and fiscal year 1995 (assuming full funding of, 
                        and continuation of, the deposit insurance 
                        guarantee commitment in effect on the date of 
                        the submission of the budget for fiscal year 
                        1993) shall be set forth in that budget.
                (2) Reestimates
                            For fiscal year 1994 and fiscal year 1995, 
                        the amount of the reestimate of deposit 
                        insurance costs shall be calculated by 
                        subtracting the amount set forth under paragraph 
                        (1) for that year from the current estimate of 
                        deposit insurance costs (but assuming full 
                        funding of, and continuation of, the deposit 
                        insurance guarantee commitment in effect on the 
                        date of submission of the budget for fiscal year 
                        1993). (Pub.L. 99-177, Title II, Sec. 253, Dec. 
                        12, 1985, 99 Stat. 1078; Pub.L. 100-119, Title 
                        I, Sec. 103, Sept. 29, 1987, 101 Stat. 775; 
                        Pub.L. 101-508, Title XIII, Sec. 13101(a), Nov. 
                        5, 1990, 104 Stat. 1388-583.)
       725  Sec. 904. Reports and orders.
            (a) Timetable
                The timetable with respect to this subchapter for any 
            budget year is as follows:

------------------------------------------------------------------------
                 Date                        Action to be completed
------------------------------------------------------------------------
January 21...........................  Notification regarding optional
                                        adjustment of maximum deficit
                                        amount.
5 days before the President's budget   CBO sequestration preview report.
 submission.
The President's budget submission....  OMB sequestration preview report.
August 10............................   Notification regarding military
                                        personnel.
August 15............................   CBO sequestration update report.
August 20............................  OMB sequestration update report.
10 days after end of session.........  CBO final sequestration report.
15 days after end of session.........  OMB final sequestration report;
                                        Presidential order.
------------------------------------------------------------------------


[[Page 605]]

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

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

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

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

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

                                (A) The maximum deficit amount, the 
                            estimated deficit calculated under section 
                            903(b) of this title, and excess deficit, 
                            and the margin.

                                (B) The amount of reductions required 
                            under section 902 of this title, the excess 
                            deficit remaining after those reductions 
                            have been made, and the amount of reductions 
                            required from defense accounts and the 
                            reductions required from non-defense 
                            accounts.

                                (C) The sequestration percentage 
                            necessary to achieve the required reduction 
                            in defense accounts under section 903(d) of 
                            this title.

                                (D) The reductions required under 
                            sections 903(e)(1) and 903(e)(2) of this 
                            title.

                                (E) The sequestration percentage 
                            necessary to achieve the required reduction 
                            in non-defense accounts under section 
                            903(e)(3) of this title.

                            The CBO report need not set forth the items 
                        other than the maximum deficit amount for fiscal 
                        year 1992, 1993, or any fiscal year for which 
                        the President notifies the House of 
                        Representatives

[[Page 606]]

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

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

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

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

                                (D) For the budget year, for each 
                            account to be sequestered, estimates of the 
                            baseline level of sequestrable budgetary 
                            resources and resulting outlays and the 
                            amount of budgetary resources to be 
                            sequestered and resulting outlay reductions.

                (3) Pay-as-you-go and deficit sequestration reports
                            The final reports shall contain all the 
                        information required in the pay-as-you-go and 
                        deficit sequestration preview reports. In 
                        addition, these reports shall contain, for the 
                        budget year, for each account to be sequestered, 
                        estimates of the baseline level of sequestrable 
                        budgetary resources and resulting outlays and 
                        the amount of budgetary resources to be 
                        sequestered and resulting outlay reductions. The 
                        reports shall also contain estimates of the 
                        effects on outlays of the sequestration in each 
                        outyear for direct spending programs.
                (4) Explanation of differences
                            The OMB report shall explain any differences 
                        between OMB and CBO estimates of the amount of 
                        any net deficit change calculated under 
                        subsection 902(b) of this title, any excess 
                        deficit, any breach, and any required 
                        sequestration percentage. The OMB report shall

[[Page 607]]

                        also explain differences in the amount of 
                        sequestrable resources for any budget account to 
                        be reduced if such difference is greater than 
                        $5,000,000.
                (5) Presidential order
                            On the date specified in subsection (a) of 
                        this section, if in its final sequestration 
                        report OMB estimates that any sequestration is 
                        required, the President shall issue an order 
                        fully implementing without change all 
                        sequestrations required by the OMB calculations 
                        set forth in that report. This order shall be 
                        effective on issuance.
            (g) Within-session sequestration reports and order
                If an appropriation for a fiscal year in progress is 
            enacted (after Congress adjourns to end the session for that 
            budget year and before July 1 of that fiscal year) that 
            causes a breach, 10 days later CBO shall issue a report 
            containing the information required in paragraph \1\ (f)(2). 
            Fifteen days after enactment, OMB shall issue a report 
            containing the information required in paragraphs \1\ (f)(2) 
            and (f)(4). On the same day as the OMB report, the President 
            shall issue an order fully implementing without change all 
            sequestrations required by the OMB calculations set forth in 
            that report. This order shall be effective on issuance.
                \1\ So in original. Probably should be followed by 
                ``subparagraph''.
            (h) GAO compliance report
                Upon request of the Committee on the Budget of the House 
            of Representatives or the Senate, the Comptroller General 
            shall submit to the Congress and the President a report on--
                            (1) the extent to which each order issued by 
                        the President under this section complies with 
                        all of the requirements contained in this 
                        subchapter, either certifying that the order 
                        fully and accurately complies with such 
                        requirements or indicating the respects in which 
                        it does not; and
                            (2) the extent to which each report issued 
                        by OMB or CBO under this section complies with 
                        all of the requirements contained in this 
                        subchapter, either certifying that the report 
                        fully and accurately complies with such 
                        requirements or indicating the respect in which 
                        it does not.
            (i) Low-growth report
                At any time, CBO shall notify the Congress if--
                            (1) during the period consisting of the 
                        quarter during which such notification is given, 
                        the quarter preceding such notification, and the 
                        4 quarters following such notification, CBO or 
                        OMB has determined that real economic growth is 
                        projected or estimated to be less than zero with 
                        respect to each of any 2 consecutive quarters 
                        within such period; or
                            (2) the most recent of the Department of 
                        Commerce's advance preliminary or final reports 
                        of actual real economic growth indicate that the 
                        rate of real economic growth for each of the 
                        most recently reported quarter and the 
                        immediately preceding quarter is less than one 
                        percent.
            (j) Economic and technical assumptions
                In all reports required by this section, OMB shall use 
            the same economic and technical assumptions as used in the 
            most recent budget

[[Page 608]]

            submitted by the President under section 1105(a) of Title 
            31. (Pub.L. 99-177, Title II, Sec. 254, Dec. 12, 1985, 99 
            Stat. 1078; Pub.L. 100-119, Title I, Sec. Sec. 102(b)(1), 
            106(e)(2), Sept. 29, 1987, 101 Stat. 773, 781; Pub.L. 101-
            508, Title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 
            1388-586; Pub.L. 103-66, Title XIV, Sec. Sec. 14002(c)(2), 
            14003(b), Aug. 10, 1993, 107 Stat. 684, 685; Pub.L. 103-322, 
            Title XXXI, Sec. 310001(g)(2), Sept. 14, 1994, 108 Stat. 
            2105; Pub.L. 104-316, Title I, Sec. 102(d), Oct. 19, 1996, 
            110 Stat. 3828; Pub.L. 105-33, Title X, Sec. 10206, Aug. 5, 
            1997, 111 Stat. 704.)
       726  Sec. 905. Exempt programs and activities.
            (a) Social security benefits and tier I railroad retirement 
                benefits
                Benefits payable under the old-age, survivors, and 
            disability insurance program established under Title II of 
            the Social Security Act [42 U.S.C. 401 et seq.], and 
            benefits payable under section 231b(a), 231b(f)(3), 231c(a), 
            or 231c(f) of Title 45, shall be exempt from reduction under 
            any order issued under this subchapter.
            (b) Veterans programs
                The following programs shall be exempt from reduction 
            under any order issued under this subchapter:
                            National Service Life Insurance Fund (36-
                        8132-0-7-701);
                            Service-Disabled Veterans Insurance Fund 
                        (36-4012-0-3-701);
                            Veterans Special Life Insurance Fund (36-
                        8455-0-8-701);
                            Veterans Reopened Insurance Fund (36-4010-0-
                        3-701);
                            United States Government Life Insurance Fund 
                        (36-8150-0-7-701);
                            Veterans Insurance and Indemnities (36-0120-
                        0-1-701);
                            Special Therapeutic and Rehabilitation 
                        Activities (36-4048-0-3-703);
                            Canteen Service Revolving Fund (36-4014-0-3-
                        705);
                            Benefits under chapter 21 of Title 38 
                        relating to specially adapted housing and 
                        mortgage-protection life insurance for certain 
                        veterans with service-connected disabilities 
                        (36-0120-0-1-701);
                            Benefits under section 2307 of Title 38 
                        relating to burial benefits for veterans who die 
                        as a result of service-connected disability (36-
                        0155-0-1-701);
                            Benefits under chapter 39 of Title 38 
                        relating to automobiles and adaptive equipment 
                        for certain disabled veterans and members of the 
                        Armed Forces (36-0137-0-1-702);
                            Compensation (36-0153-0-1-701); and
                            Pensions (36-0154-0-1-701);
                            Benefits under chapter 35 of Title 38, 
                        United States Code, related to educational 
                        assistance for survivors and dependents of 
                        certain veterans with service-connected 
                        disabilities (36-0137-0-1-702);
                            Assistance and services under chapter 31 of 
                        Title 38, United States Code, relating to 
                        training and rehabilitation for certain veterans 
                        with service-connected disabilities (36-0137-0-
                        1-702);
                            Benefits under subchapters I, II, and III of 
                        chapter 37 of Title 38, United States Code, 
                        relating to housing loans for certain veterans 
                        and for the spouses and surviving spouses of 
                        certain veterans Guaranty and Indemnity Program 
                        Account (36-1119-0-1-704);
                            Loan Guaranty Program Account (36-1025-0-1-
                        704); and

[[Page 609]]

                            Direct Loan Program Account (36-1024-0-1-
                        704).
            (c) Net interest
                No reduction of payments for net interest (all of major 
            functional category 900) shall be made under any order 
            issued under this subchapter.
            (d) Earned Income tax credit
                Payments to individuals made pursuant to section 32 of 
            Title 26 shall be exempt from reduction under any order 
            issued under this subchapter.
            (e) Non-defense unobligated balances
                Unobligated balances of budget authority carried over 
            from prior fiscal years, except balances in the defense 
            category, shall be exempt from reduction under any order 
            issued under this subchapter.
            (f) Optional exemption of military personnel
                (1) In general
                            The President may, with respect to any 
                        military personnel account, exempt that account 
                        from sequestration or provide for a lower 
                        uniform percentage reduction than would 
                        otherwise apply.
                (2) Limitation
                            The President may not use the authority 
                        provided by paragraph (1) unless the President 
                        notifies the Congress of the manner in which 
                        such authority will be exercised on or before 
                        the date specified in section 904(a) of this 
                        title for the budget year.
            (g) Other programs and activities
                (1)(A) the following budget accounts and activities 
            shall be exempt from reduction under any order issued under 
            this subchapter:
                            Activities resulting from private donations, 
                        bequests, or voluntary contributions to the 
                        Government;
                            Activities financed by voluntary payments to 
                        the Government for goods or services to be 
                        provided for such payments;
                            Administration of Territories, Northern 
                        Mariana Islands Covenant grants (14-0412-0-1-
                        806);
                            Alaska Power Administration, Operations and 
                        maintenance (89-0304-0-1-271);
                            Appropriations for the District of Columbia 
                        (to the extent they are appropriations of 
                        locally raised funds);
                            Bonneville Power Administration fund and 
                        borrowing authority established pursuant to 
                        section 13 of Public Law 93-454 (1974), as 
                        amended [16 U.S.C. 838k] (89-4045-0-3-271);
                            Bureau of Indian Affairs, Indian land and 
                        water claims settlements and miscellaneous 
                        payments to Indians (14-2303-0-1-452);
                            Bureau of Indian Affairs Miscellaneous trust 
                        funds (14-9973-0-7-999);
                            Claims, judgments, and relief acts (20-1895-
                        0-1-808);
                            Compact of Free Association (14-0415-0-1-
                        808);
                            Compensation of the President (11-0001-0-1-
                        802);
                            Conservation Reserve Program (12-2319-0-1-
                        302);
                            Customs Service, miscellaneous permanent 
                        appropriations (20-9922-0-2-806);

[[Page 610]]

                            Comptroller of the Currency, Assessment 
                        funds (20-8413-0-8-373);
                            Dual benefits payments account (60-0111-0-1-
                        601);
                            Exchange stabilization fund (20-4444-0-3-
                        155);
                            Farm Credit Administration, Limitation on 
                        Administrative Expenses (78-4131-0-3-351);
                            Farm Credit System Financial Assistance 
                        Corporation, interest payment (20-1850-0-1-908);
                            Farm Credit System Financial Assistance 
                        Corporation, interest payments (20-1850-0-1-
                        351);
                            Federal Deposit Insurance Corporation, Bank 
                        Insurance Fund (51-4064-0-3-373);
                            Federal Deposit Insurance Corporation, FSLIC 
                        Resolution Fund (51-4065-0-3-373);
                            Federal Deposit Insurance Corporation, 
                        Savings Association Insurance Fund (51-4066-0-3-
                        373);
                            Federal Housing Finance Board (95-4039-0-3-
                        371);
                            Federal payment to the railroad retirement 
                        accounts (60-0113-0-1-601);
                            Foreign military sales trust fund (11-8242-
                        0-7-155);
                            Health professions graduate student loan 
                        insurance fund program account (75-0340-0-1-
                        552);
                            Higher education facilities loans (91-0240-
                        01-502);
                            Internal Revenue Collections for Puerto Rico 
                        (20-5737-0-2-806);
                            Intragovernmental funds, including those 
                        from which the outlays are derived primarily 
                        from resources paid in from other government 
                        accounts, except to the extent such funds are 
                        augmented by direct appropriations for the 
                        fiscal year during which an order is in effect;
                            Panama Canal Commission, Panama Canal 
                        Revolving Fund (95-4061-0-3-403);
                            Medical facilities guarantee and loan fund, 
                        Federal interest subsidies for medical 
                        facilities (75-9931-0-3-550);
                            National Credit Union Administration 
                        operating fund (25-4056-0-3-373);
                            National Credit Union Administration, 
                        Central liquidity facility (25-4470-0-3-373);
                            National Credit Union Administration, Credit 
                        union share insurance fund (25-4468-0-3-373);
                            Office of Thrift Supervision (20-4108-0-3-
                        373);
                            Payment of Vietnam and USS Pueblo prisoner-
                        of-war claims (15-0104-0-1-153);
                            Payment to civil service retirement and 
                        disability fund (24-0200-0-1-805);
                            Payment to Judiciary Trust Funds (10-0941-0-
                        1-752);
                            Payments to copyright owners (03-5175-0-2-
                        376);
                            Payments to health care trust funds (75-
                        0580-1-571);
                            Payments to military retirement fund (97-
                        0040-0-1-054);
                            Payments to social security trust funds (75-
                        0404-0-1-651);
                            Payments to the foreign service retirement 
                        and disability fund (11-1036-0-1-153 and 19-
                        0540-0-1-153);
                            Payments to trust funds from excise taxes or 
                        other receipts properly creditable to such trust 
                        funds;

[[Page 611]]

                            Payments to the United States territories, 
                        fiscal assistance (14-0418-0-1-806);
                            Payments to widows and heirs of deceased 
                        Members of Congress (00-0215-0-1-801);
                            Postal service fund (18-4020-0-3-372);
                            Resolution Trust Corporation Revolving Fund 
                        (22-4055-0-3-373);
                            Salaries of Article III judges;
                            Soldiers and Airmen's Home, payment of 
                        claims (84-8930-0-7-705);
                            Southeastern Power Administration, 
                        Operations and maintenance (89-0302-0-1-271);
                            Southwestern Power Administration, 
                        Operations and maintenance (89-0303-0-1-271);
                            Tennessee Valley Authority Fund, except non-
                        power programs and activities (64-4110-0-3-999);
                            Thrift Savings Fund;
                            United States Enrichment Corporation (95-
                        4054-0-3-271);
                            Vaccine Injury Compensation (75-0320-0-1-
                        551);
                            Vaccine Injury Compensation Program Trust 
                        Fund (20-8175-0-7-551);
                            United States Enrichment Corporation;
                            Washington Metropolitan Area Transit 
                        Authority, interest payments (46-0300-0-1-401);
                            Western Area Power Administration, 
                        Construction, rehabilitation, operations, and 
                        maintenance (89-5068-0-2-271); and
                            Western Area Power Administration, Colorado 
                        River basins power marketing fund (89-4452-0-3-
                        271).
                (B) The following Federal retirement and disability 
            accounts and activities shall be exempt from reduction under 
            any order issued under this subchapter:
                            Black Lung Disability Trust Fund (20-8144-0-
                        7-601);
                            Central Intelligence Agency retirement and 
                        disability system fund (56-3400-0-1-054);
                            Civil service retirement and disability fund 
                        (24-8135-0-7-602);
                            Comptrollers general retirement system (05-
                        0107-0-1-801);
                            Foreign service retirement and disability 
                        fund (19-8186-0-7-602);
                            Judicial survivors' annuities fund (10-8110-
                        0-7-602);
                            Judicial Officers' Retirement Fund (10-8122-
                        0-7-602);
                            Claims Judges' Retirement Fund (10-8124-0-7-
                        602);
                            Special workers compensation expenses, 
                        Longshoremen's and harborworkers' compensation 
                        benefits (16-9971-0-7-601);
                            Military retirement fund (97-8097-0-7-602);
                            National Oceanic and Atmospheric 
                        Administration retirement (13-1450-0-1-306);
                            Pensions for former Presidents (47-0105-0-1-
                        802);
                            Railroad Industry Pension Fund (60-8011-0-7-
                        601);
                            Railroad supplemental annuity pension fund 
                        (60-8012-0-7-602);
                            Retired pay, Coast Guard (69-0241-0-1-403);
                            Retirement pay and medical benefits for 
                        commissioned officers, Public Health Service 
                        (74-0379-0-1-551);
                            Special benefits, Federal Employees' 
                        Compensation Act (16-1521-0-1-600);
                            Special benefits for disabled coal miners 
                        (75-0409-0-1-601); and

[[Page 612]]

                            Tax Court judges survivors annuity fund (23-
                        8115-0-7-602);
                (2) Prior legal obligations of the Government in the 
            following budget accounts and activities shall be exempt 
            from any order issued under this subchapter:
                            Biomass energy development (20-0114-0-1-
                        271);
                            United States Treasury check forgery 
                        insurance fund (20-4109-0-3-803);
                            Credit liquidating accounts;
                            Employees life insurance fund (24-8424-0-8-
                        602);
                            Energy security reserve (Synthetic Fuels 
                        Corporation) (20-0112-0-1-271);
                            Federal Aviation Administration, Aviation 
                        insurance revolving fund (69-4120-0-3-402);
                            Federal Crop Insurance Corporation fund (12-
                        4085-0-3-351);
                            Federal Emergency Management Agency, 
                        National flood insurance fund (58-4236-0-3-453);
                            Federal Emergency Management Agency, 
                        National insurance development fund (58-4235-0-
                        3-451);
                            Geothermal resources development fund (89-
                        0206-0-1-271);
                            Homeowners assistance fund, Defense (97-
                        4090-0-3-051);
                            International Trade Administration, 
                        Operations and administration (13-1250-0-1-376);
                            Low-rent public housing, Loans and other 
                        expenses (86-4098-0-3-604);
                            Maritime Administration, War-risk insurance 
                        revolving fund (69-4302-0-3-403);
                            Overseas Private Investment Corporation (71-
                        4030-0-3-151);
                            Pension Benefit Guaranty Corporation fund 
                        (16-4204-0-3-601);
                            Rail service assistance (69-0122-0-1-401);
                            Department of Veterans Affairs, Servicemen's 
                        group life insurance fund (36-4009-0-3-701).
            (h) Low-income programs
                The following programs shall be exempt from reduction 
            under any order issued under this subchapter:
                            Block grants to States for temporary 
                        assistance for needy families;
                            Child nutrition programs (with the exception 
                        of special milk programs) (12-3539-0-1-605);
                            Temporary assistance for needy families (75-
                        1552-0-1-609);
                            Contingency fund (75-1522-0-1-609);
                            Child care entitlement to States (75-1550-0-
                        1-609);
                            Commodity supplemental food program (12-
                        3512-0-1-605);
                            Food stamp programs (12-3505-0-1-605 and 12-
                        3550-0-1-605);
                            Grants to States for Medicaid (75-0512-0-1-
                        551);
                            Supplemental Security Income Program (75-
                        0406-0-1-609); and
                            Special supplemental nutrition program for 
                        women, infants, and children (WIC) (12-3510-0-1-
                        605);
                            Family support payments to States (75-1501-
                        0-1-609).
            (i) Identification of programs
                For purposes of subsections (b), (g), and (h) of this 
            section, each account is identified by the designated budget 
            account identification code number set forth in the Budget 
            of the United States Government 1998--

[[Page 613]]

            Appendix, and an activity within an account is designated by 
            the name of the activity and the identification code number 
            of the account. (Pub.L. 99-177, Title II, Sec. 255, Dec. 12, 
            1985, 99 Stat. 1082; Pub.L. 99-509, Title VII, Sec. 7002(a), 
            Oct. 21, 1986, 100 Stat. 1949; Pub.L. 99-514, Sec. 2, Oct. 
            22, 1986, 100 Stat. 2095; Pub.L. 100-86, Title V, 
            Sec. 506(a), Aug. 10, 1987, 101 Stat. 634; Pub.L. 100-119, 
            Title I, Sec. 104(a)(1), (2), (b), (c)(1), Sept. 29, 1987, 
            101 Stat. 775-777; Pub.L. 101-73, Title VII, Sec. 743(a), 
            (c), Aug. 9, 1989, 103 Stat. 437; Pub.L. 101-220, Sec. 8, 
            Dec. 12, 1989, 103 Stat. 1881; Pub.L. 101-508, Title XIII, 
            Sec. 13101(c), Nov. 5, 1990, 104 Stat. 1388-589; Pub.L. 102-
            54, Sec. 13(a), June 13, 1991, 105 Stat. 274; Pub.L. 102-
            486, Title IX, Sec. 902(d), Oct. 24, 1992, 106 Stat. 2944; 
            Pub.L. 102-572, Title VI, Sec. 601, Oct. 29, 1992, 106 Stat. 
            4514; Pub.L. 104-193, Title I, Sec. 110(r)(1), Aug. 22, 
            1996, 110 Stat. 2175; Pub.L. 104-208, div. A, Title II, 
            Sec. 2704(d)(10), Sept. 30, 1996, 110 Stat. 3009-489; Pub.L. 
            105-33, Title X, Sec. 10207, Aug. 5, 1997, 111 Stat. 704).
       727  Sec. 906. General and special sequestration rules.
            (a) Automatic spending increases
                Automatic spending increases are increases in outlays 
            due to changes in indexes in the following programs:
                            (1) Special milk program; and
                            (2) Vocational rehabilitation basic State 
                        grants.

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

            (b) Student loans
                For all student loans under part B or D of Title IV of 
            the Higher Education Act of 1965 [20 U.S.C. 1071 et seq., 
            1087a et seq.] made during the period when a sequestration 
            order under section 904 of this title is in effect as 
            required by section 902 or 903 of this title, origination 
            fees under sections 438(c)(2) and 455(c) of that Act [20 
            U.S.C. 1087-1(c)(2) and 1087e(c)] shall each be increased by 
            0.50 percentage point.
            (c) Treatment of foster care and adoption assistance 
                programs
                Any order issued by the President under section 904 of 
            this title shall make the reduction which is otherwise 
            required under the foster care and adoption assistance 
            programs (established by part E of Title IV of the Social 
            Security Act [42 U.S.C. 670 et seq.]) only with respect to 
            payments and expenditures made by States in which increases 
            in foster care maintenance payment rates or adoption 
            assistance payment rates (or both) are to take effect during 
            the fiscal year involved, and only to the extent that the 
            required reduction can be accomplished by applying a uniform 
            percentage reduction to the Federal matching payments that 
            each such State would otherwise receive under section 474 of 
            that Act [42 U.S.C. 674] (for such fiscal year) for that 
            portion of the State's payments which is attributable to the 
            increases taking effect during that year. No State's 
            matching payments from the Federal Government for foster 
            care maintenance payments or for adoption assistance 
            maintenance payments may be reduced by a percentage 
            exceeding the applicable domestic sequestration percentage. 
            No State may, after December 12, 1985, make any change in 
            the timetable for making payments under a State plan 
            approved under part E of Title IV of the

[[Page 614]]

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

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

                            (B) Payment on the basis of cost reporting 
                        periods

                                In the case in which payment for 
                            services of a provider of services is made 
                            under Title XVIII of the Social Security Act 
                            [42 U.S.C. 1395 et seq.] on a basis relating 
                            to the reasonable cost incurred for the 
                            services during a cost reporting period of 
                            the provider, if a reduction is made under 
                            paragraph (1) in payment amounts pursuant to 
                            a sequestration order, the reduction shall 
                            be applied to payment for costs for such 
                            services incurred at any time during each 
                            cost reporting period of the provider any 
                            part of which occurs during the effective 
                            period of the order, but only (for each such 
                            cost reporting period) in the same 
                            proportion as the fraction of the cost 
                            reporting period that occurs during the 
                            effective period of the order.

                (3) No increase in beneficiary charges in assignment-
            related cases
                            If a reduction in payment amounts is made 
                        under paragraph (1) for services for which 
                        payment under part B of Title XVIII of the 
                        Social Security Act [42 U.S.C. 1395j et seq.] is 
                        made on the basis of an assignment described in 
                        section 1842(b)(3)(B)(ii) [42 U.S.C. 
                        1395u(b)(3)(B)(ii)], in accordance with section 
                        1842(b)(6)(B) [42 U.S.C. 1395u(b)(6)(B)], or 
                        under the procedure described in section 
                        1870(f)(1) [42 U.S.C. 1395gg(f)(1)], of such 
                        Act, the person furnishing the services shall be 
                        considered to have accepted payment of the 
                        reasonable charge for the services, less any 
                        reduction in payment amount made pursuant to a 
                        sequestration order, as payment in full.
                (4) No effect on computation of AAPCC
                            In computing the adjusted average per capita 
                        cost for purposes of section 1876(a)(4) of the 
                        Social Security Act [42 U.S.C.

[[Page 615]]

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

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

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

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

                                (B) elements of military pay,

                    shall be subject to reduction under an order in the 
                    same manner as other administrative expense 
                    components of the Federal budget; except that no 
                    such order may reduce or have the effect of reducing 
                    the rate of pay to which any individual is entitled 
                    under any such statutory pay system (as increased by 
                    any amount payable under section 5304 of Title 5 or 
                    section 302 of the Federal Employees Pay 
                    Comparability Act of 1990) or the rate of any 
                    element of military pay to which any individual is 
                    entitled under Title 37, or any increase in rates of 
                    pay which is scheduled to take effect under section 
                    5303 of Title 5, section 1009 of Title 37, or any 
                    other provision of law.
                (2) Definitions
                            For purposes of this subsection:

                                (A) The term ``statutory pay system'' 
                            shall have the meaning given that term in 
                            section 5302(1) of Title 5.

                                (B) The term ``elements of military 
                            pay'' means--

                                        (i) the elements of compensation 
                                    of members of the uniformed services 
                                    specified in section 1009 of Title 
                                    37,

[[Page 616]]

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

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

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

            (h) Treatment of Federal administrative expenses
                (1) Notwithstanding any other provision of this title, 
            administrative expenses incurred by the departments and 
            agencies, including independent agencies, of the Federal 
            Government in connection with any program, project, 
            activity, or account shall be subject to reduction pursuant 
            to an order issued under section 904 of this title, without 
            regard to any exemption, exception, limitation, or special 
            rule which is otherwise applicable with respect to such 
            program, project, activity, or account under this 
            subchapter.
                (2) Notwithstanding any other provision of law, 
            administrative expenses of any program, project, activity, 
            or account which is self-supporting and does not receive 
            appropriations shall be subject to reduction under a 
            sequester order, unless specifically exempted in this part.
                (3) Payments made by the Federal Government to reimburse 
            or match administrative costs incurred by a State or 
            political subdivision under or in connection with any 
            program, project, activity, or account shall not be 
            considered administrative expenses of the Federal Government 
            for purposes of this section, and shall be subject to 
            reduction or sequestration under this subchapter to the 
            extent (and only to the extent) that other payments made by 
            the Federal Government under or in connection with that 
            program, project, activity, or account are subject to such 
            reduction or sequestration; except that Federal payments 
            made to a State as reimbursement of administrative costs 
            incurred by such State under or in connection with the 
            unemployment compensation programs specified in subsection 
            (h)(1) of this section shall be subject to reduction or 
            sequestration under this subchapter notwithstanding the 
            exemption otherwise granted to such programs under that 
            subsection.
                (4) Notwithstanding any other provision of law, this 
            subsection shall not apply with respect to the following:
                            (A) Comptroller of the Currency.
                            (B) Federal Deposit Insurance Corporation.
                            (C) Office of Thrift Supervision.
                            (D) National Credit Union Administration.
                            (E) National Credit Union Administration, 
                        central liquidity facility.
                            (F) Federal Retirement Thrift Investment 
                        Board.
                            (G) Resolution Trust Corporation.
                            (H) Farm Credit Administration.
            (i) Treatment of payments and advances made with respect to 
                unemployment compensation programs
                (1) For purposes of section 904 of this title--
                            (A) any amount paid as regular unemployment 
                        compensation by a State from its account in the 
                        Unemployment Trust Fund (established by section 
                        904(a) of the Social Security Act [42 U.S.C. 
                        1104(a)]),

[[Page 617]]

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

            shall not be subject to reduction.

                (2)(A) A State may reduce each weekly benefit payment 
            made under the Federal-State Extended Unemployment 
            Compensation Act of 1970 for any week of unemployment 
            occurring during any period with respect to which payments 
            are reduced under an order issued under section 904 of this 
            title by a percentage not to exceed the percentage by which 
            the Federal payment to the State under section 204 of such 
            Act is to be reduced for such week as a result of such 
            order.
                (B) A reduction by a State in accordance with 
            subparagraph (A) shall not be considered as a failure to 
            fulfill the requirements of section 3304(a)(11) of Title 26.
            (j) Commodity Credit Corporation
                (1) Powers and authorities of the Commodity Credit 
            Corporation
                            This title shall not restrict the Commodity 
                        Credit Corporation in the discharge of its 
                        authority and responsibility as a corporation to 
                        buy and sell commodities in world trade, to use 
                        the proceeds as a revolving fund to meet other 
                        obligations and otherwise operate as a 
                        corporation, the purpose of which it was 
                        created.
                (2) Reduction in payments made under contracts
                            (A) Loan eligibility under any contract 
                        entered into with a person by the Commodity 
                        Credit Corporation prior to the time an order 
                        has been issued under section 904 of this title 
                        shall not be reduced by an order subsequently 
                        issued. Subject to subparagraph (B), after an 
                        order is issued under such section for a fiscal 
                        year, any cash payments for loans or loan 
                        deficiencies made by the Commodity Credit 
                        Corporation shall be subject to reduction under 
                        the order.
                            (B) Each loan contract entered into with 
                        producers or producer cooperatives with respect 
                        to a particular crop of a commodity and subject 
                        to reduction under subparagraph (A) shall be 
                        reduced in accordance with the same terms and 
                        conditions. If some, but not all, contracts 
                        applicable to a crop of a commodity have been 
                        entered into prior to the issuance of an order 
                        under section 904 of this title, the order shall 
                        provide that the necessary reduction in payments 
                        under contracts applicable to the commodity be 
                        uniformly applied to all contracts for the next 
                        succeeding crop of the commodity, under the 
                        authority provided in paragraph (3).
                (3) Delayed reduction in outlays permissible
                            Notwithstanding any other provision of this 
                        title, if an order under section 904 of this 
                        title is issued with respect to a fiscal year, 
                        any reduction under the order applicable to 
                        contracts described in paragraph (1) may provide 
                        for reductions in outlays for the account 
                        involved to occur in the fiscal year following 
                        the fiscal year to which the order applies.

[[Page 618]]

                (4) Uniform percentage rate of reduction and other 
            limitations
                            All reductions described in paragraph (2) 
                        which are required to be made in connection with 
                        an order issued under section 904 of this title 
                        with respect to a fiscal year shall be made so 
                        as to ensure that outlays for each program, 
                        project, activity, or account involved are 
                        reduced by a percentage rate that is uniform for 
                        all such programs, projects, activities, and 
                        accounts, and may not be made so as to achieve a 
                        percentage rate of reduction in any such item 
                        exceeding the rate specified in the order.
                (5) Dairy program
                            Notwithstanding any other provision of this 
                        subsection, as the sole means of achieving any 
                        reduction in outlays under the milk price 
                        support program, the Secretary of Agriculture 
                        shall provide for a reduction to be made in the 
                        price received by producers for all milk 
                        produced in the United States and marketed by 
                        producers for commercial use. That price 
                        reduction (measured in cents per hundred weight 
                        of milk marketed) shall occur under section 
                        201(d)(2)(A) of the Agricultural Act of 1949 (7 
                        U.S.C. 1446(d)(2)(A)), shall begin on the day 
                        any sequestration order is issued under section 
                        904 of this title, and shall not exceed the 
                        aggregate amount of the reduction in outlays 
                        under the milk price support program that 
                        otherwise would have been achieved by reducing 
                        payments for the purchase of milk or the 
                        products of milk under this subsection during 
                        the applicable fiscal year.
                (6) Certain authority not to be limited
                            Nothing in this joint resolution shall limit 
                        or reduce, in any way, any appropriation that 
                        provides the Commodity Credit Corporation with 
                        budget authority to cover the Corporation's net 
                        realized losses.
            (k) Effects of sequestration
                The effects of sequestration shall be as follows:
                            (1) Budgetary resources sequestered from any 
                        account shall be permanently cancelled, except 
                        as provided in paragraph (5).
                            (2) Except as otherwise provided, the same 
                        percentage sequestration shall apply to all 
                        programs, projects, and activities within a 
                        budget account (with programs, projects, and 
                        activities as delineated in the appropriation 
                        Act or accompanying report for the relevant 
                        fiscal year covering that account, or for 
                        accounts not included in appropriation Acts, as 
                        delineated in the most recently submitted 
                        President's budget).
                            (3) Administrative regulations or similar 
                        actions implementing a sequestration shall be 
                        made within 120 days of the sequestration order. 
                        To the extent that formula allocations differ at 
                        different levels of budgetary resources within 
                        an account, program, project, or activity, the 
                        sequestration shall be interpreted as producing 
                        a lower total appropriation, with the remaining 
                        amount of the appropriation being obligated in a 
                        manner consistent with program allocation 
                        formulas in substantive law.
                            (4) Except as otherwise provided, 
                        obligations in sequestered accounts shall be 
                        reduced only in the fiscal year in which a 
                        sequester occurs.
                            (5) If an automatic spending increase is 
                        sequestered, the increase (in the applicable 
                        index) that was disregarded as a result of that

[[Page 619]]

                        sequestration shall not be taken into account in 
                        any subsequent fiscal year.
                            (6) Budgetary resources sequestered in 
                        revolving, trust, and special fund accounts and 
                        offsetting collections sequestered in 
                        appropriation accounts shall not be available 
                        for obligation during the fiscal year in which 
                        the sequestration occurs, but shall be available 
                        in subsequent years to the extent otherwise 
                        provided in law. (Pub.L. 99-177, Title II, 
                        Sec. 256, Dec. 12, 1985, 99 Stat. 1086; Pub.L. 
                        99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; 
                        Pub.L. 100-86, Title V, Sec. 506(b), Aug. 10, 
                        1987, 101 Stat. 634; Pub.L. 100-119, Title I, 
                        Sec. Sec. 102 (b)(2), (3), (11), 104(a)(3), (4), 
                        Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub.L. 
                        101-73, Title VII, Sec. 743(b), Aug. 9, 1989, 
                        103 Stat. 437; Pub.L. 101-508, Title XIII, 
                        Sec. 13101(d), Nov. 5, 1990, 104 Stat. 1388-589; 
                        Pub.L. 101-509, Title V, Sec. 529 [Title I, 
                        Sec. 101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104 
                        Stat. 1427, 1439, 1440; Pub.L. 104-193, Title I, 
                        Sec. 110(r)(2), Aug. 22, 1996, 110 Stat. 2175; 
                        Pub.L. 105-33, Title X, Sec. 10208(a)(1), (b)-
                        (g), Aug. 5, 1997, 111 Stat. 708-710.)
       728  Sec. 907. The baseline.
            (a) In general
                For any budget year, the baseline refers to a projection 
            of current-year levels of new budget authority, outlays, 
            revenues, and the surplus or deficit into the budget year 
            and the outyears based on laws enacted through the 
            applicable date.
            (b) Direct spending and receipts
                For the budget year and each outyear, the baseline shall 
            be calculated using the following assumptions:
                            (1) In general

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

                            (2) Exceptions

                                (A)(i) No program established by a law 
                            enacted on or before August 5, 1997, with 
                            estimated current year outlays greater than 
                            $50,000,000 shall be assumed to expire in 
                            the budget year or the outyears. The scoring 
                            of new programs with estimated outlays 
                            greater than $50,000,000 a year shall be 
                            based on scoring by the Committees on Budget 
                            or OMB, as applicable. OMB, CBO, and the 
                            Budget Committees shall consult on the 
                            scoring of such programs where there are 
                            differences between CBO and OMB.

                                (ii) On the expiration of the suspension 
                            of a provision of law that is suspended 
                            under section 171 of Public Law 104-127 and 
                            that authorizes a program with estimated 
                            fiscal year outlays that are greater than 
                            $50,000,000, for purposes of clause (i), the 
                            program shall be assumed to continue to 
                            operate in the same manner as the program 
                            operated immediately before the expiration 
                            of the suspension.

                                (B) The increase for veterans' 
                            compensation for a fiscal year is assumed to 
                            be the same as that required by law for 
                            veterans' pensions unless otherwise provided 
                            by law enacted in that session.

[[Page 620]]

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

                                (D) If any law expires before the budget 
                            year or any outyear, then any program with 
                            estimated current year outlays greater than 
                            $50,000,000 that operates under the law 
                            shall be assumed to continue to operate 
                            under that law as in effect immediately 
                            before its expiration.

                            (3) Hospital Insurance Trust Fund

                                Notwithstanding any other provision of 
                            law, the receipts and disbursements of the 
                            Hospital Insurance Trust Fund shall be 
                            included in all calculations required by 
                            this Act.

            (c) Discretionary appropriations
                For the budget year and each outyear, the baseline shall 
            be calculated using the following assumptions regarding all 
            amounts other than those covered by subsection (b) of this 
            section:
                            (1) Inflation of current-year appropriations

                                Budgetary resources other than 
                            unobligated balances shall be at the level 
                            provided for the budget year in full-year 
                            appropriation Acts. If for any account a 
                            full-year appropriation has not yet been 
                            enacted, budgetary resources other than 
                            obligated balances shall be at the level 
                            available in the current year, adjusted 
                            sequentially and cumulatively for expiring 
                            housing contracts as specified in paragraph 
                            (2), for social insurance administrative 
                            expenses as specified in paragraph (3), to 
                            offset pay absorption and for pay 
                            annualization as specified in paragraph (4), 
                            for inflation as specified in paragraph (5), 
                            and to account for changes required by law 
                            in the level of agency payments for 
                            personnel benefits other than pay.

                            (2) Expiring housing contracts

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

                            (3) Social insurance administrative expenses

                                Budgetary resources for the 
                            administrative expenses of the following 
                            trust funds shall be adjusted by the 
                            percentage change in the beneficiary 
                            population from the current year to that 
                            fiscal year: the Federal Hospital Insurance 
                            Trust Fund, the Supplementary Medical 
                            Insurance Trust Fund, the Unemployment Trust 
                            Fund, and the railroad retirement account.

                            (4) Pay annualization; offset to pay 
                        absorption

                                Current-year new budget authority for 
                            Federal employees shall be adjusted to 
                            reflect the full 12-month costs (without 
                            absorption) of any pay adjustment that 
                            occurred in that fiscal year.

                            (5) Inflators

                                The inflator used in paragraph (1) to 
                            adjust budgetary resources relating to 
                            personnel shall be the percent by which the 
                            average of the Bureau of Labor Statistics 
                            Employment Cost Index (wages and salaries, 
                            private industry workers) for that fiscal 
                            year differs from such index for the current 
                            year. The

[[Page 621]]

                            inflator used in paragraph (1) to adjust all 
                            other budgetary resources shall be the 
                            percent by which the average of the 
                            estimated gross domestic product chain-type 
                            index for that fiscal year differs from the 
                            average of such estimated index for the 
                            current year.

                            (6) Current-year appropriations

                                If, for any account, a continuing 
                            appropriation is in effect for less than the 
                            entire current year, then the current-year 
                            amount shall be assumed to equal the amount 
                            that would be available if that continuing 
                            appropriation covered the entire fiscal 
                            year. If law permits the transfer of budget 
                            authority among budget accounts in the 
                            current year, the current-year level for an 
                            account shall reflect transfers accomplished 
                            by the submission of, or assumed for the 
                            current year in, the President's original 
                            budget for the budget year.

            (d) Up-to-date concepts
                In deriving the balance for any budget year or outyear, 
            current-year amount shall be calculated using the concepts 
            and definitions that are required for the budget year.
            (e) Asset sales
                Amounts realized from the sale of an asset shall not be 
            included in estimates under section 901, 902, or 903 of this 
            title if that sale would result in a financial cost to the 
            Federal Government as determined pursuant to scorekeeping 
            guidelines.
                (Pub.L. 99-177, Title II, Sec. 257, Dec. 12, 1985, 99 
            Stat. 1092; Pub.L. 100-119, Title I, Sec. 102(b) (4)-(8), 
            104(c)(2), 106(b), Sept. 29, 1987; 101 Stat. 773, 774, 777, 
            780; Pub.L. 101-508, Title XIII, Sec. 13101(b), (e) Nov. 5, 
            1990, 104 Stat. 1388-589, 1388-591, 1388-593; Pub.L. 105-33, 
            Title X, Sec. 10209(a), Aug. 5, 1997, 111 Stat. 710.)
       729  Sec. 907a. Suspension in event of war or low growth.
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub.L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
            33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see 
            Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
                           HISTORICAL AND STATUTORY NOTES
                        References in Text
                        Section 254(j) and section 254 of the Balanced 
                    Budget and Emergency Deficit Control Act of 1985, 
                    referred to in subsec. (a)(1), (2)(A), mean section 
                    254 of Pub.L. 99-177, which is classified to section 
                    904 of this title, and was amended by Pub.L. 105-33, 
                    Title X, Sec. 10206(1), Aug. 5, 1997, 111 Stat. 704, 
                    by redesignating subsecs. (j) and (k) as (i) and 
                    (j), respectively.
                        Prior Provisions
                        Another section 258 of Pub.L. 99-177, relating 
                    to modification of presidential order, was added by 
                    Pub.L. 100-119, Title I, Sec. 105(a), classified to 
                    section 908 of this title, and repealed by Pub.L. 
                    105-33, Title X, Sec. 10210, August 5, 1997, 111 
                    Stat. 711.

[[Page 622]]


       730  Sec. 907b. Modification of Presidential order.
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub.L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
            33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see 
            Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
       731  Sec. 907c. Flexibility among defense programs, projects, and 
                activities.
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub.L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
            33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see 
            Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
       732  Sec. 907d. Special reconciliation process.
                           Effective and Termination Dates
                Section 14002(c)(3) of Pub.L. 103-66, Title XIV, Aug. 
            10, 1993, 107 Stat. 684, which provided a termination date 
            for this section was repealed by Pub.L. 105-33, Title X, 
            Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. See Effective 
            and Termination Dates of 1997 Acts note under section 900 of 
            this title.
                For effective and termination dates of this section by 
            section 275 of Pub.L. 99-177 as amended through Pub.L. 105-
            33, Title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, see 
            Effective and Termination Dates of 1987 Acts note under 
            section 900 of this title.
       733  Sec. 908. Repealed (Pub.L. 105-33, Title X, Sec. 10210, Aug. 
                5, 1997, 111 Stat. 711).
                           HISTORICAL AND STATUTORY NOTES
                Section, Pub.L. 99-177, Title II, Sec. 258, as added 
            Pub.L. 100-119, Title I, Sec. 105(a), Sept. 29, 1987, 101 
            Stat. 778, related to modification of presidential order.

            
                        Subchapter II.--Operation and Review

       734  Sec. 921. Transferred.
                  
       735  Sec. 922. Judicial review.
            (a) Expedited review
                (1) Any Member of Congress may bring an action, in the 
            United States District Court for the District of Columbia, 
            for declaratory judgment and injunctive relief on the ground 
            that any order that might be issued pursuant to section 904 
            of this title violates the Constitution.
                (2) Any Member of Congress, or any other person 
            adversely affected by any action taken under this title, may 
            bring an action, in the United States District Court for the 
            District of Columbia, for declaratory judgment and 
            injunctive relief concerning the constitutionality of this 
            title.
                (3) Any Member of Congress may bring an action, in the 
            United States District Court for the District of Columbia, 
            for declaratory and

[[Page 623]]

            injunctive relief on the ground that the terms of an order 
            issued under section 904 of this title do not comply with 
            the requirements of this title.
                (4) A copy of any complaint in an action brought under 
            paragraph (1), (2), or (3) shall be promptly delivered to 
            the Secretary of the Senate and the Clerk of the House of 
            Representatives, and each House of Congress shall have the 
            right to intervene in such action.
                (5) Any action brought under paragraph (1), (2), or (3) 
            shall be heard and determined by a three-judge court in 
            accordance with section 2284 of Title 28.

            Nothing in this section or in any other law shall infringe 
            upon the right of the House of Representatives to intervene 
            in an action brought under paragraph (1), (2), or (3) 
            without the necessity of adopting a resolution to authorize 
            such intervention.

            (b) Appeal to Supreme Court
                Notwithstanding any other provision of law, any order of 
            the United States District Court for the District of 
            Columbia which is issued pursuant to an action brought under 
            paragraph (1), (2), or (3) of subsection (a) of this section 
            shall be reviewable by appeal directly to the Supreme Court 
            of the United States. Any such appeal shall be taken by a 
            notice of appeal filed within 10 days after such order is 
            entered; and the jurisdictional statement shall be filed 
            within 30 days after such order is entered. No stay of an 
            order issued pursuant to an action brought under paragraph 
            (1), (2), or (3) of subsection (a) of this section shall be 
            issued by a single Justice of the Supreme Court.
            (c) Expedited consideration
                It shall be the duty of the District Court for the 
            District of Columbia and the Supreme Court of the United 
            States to advance on the docket and to expedite to the 
            greatest possible extent the disposition of any matter 
            brought under subsection (a) of this section.
            (d) Noncompliance with sequestration procedures
                (1) If it is finally determined by a court of competent 
            jurisdiction that an order issued by the President under 
            section 904 of this title for any fiscal year--
                            (A) does not reduce automatic spending 
                        increases under any program specified in section 
                        906(a) of this title if such increases are 
                        required to be reduced by subchapter I of this 
                        chapter (or reduces such increases by a greater 
                        extent than is so required), or
                            (B) does not sequester the amount of 
                        budgetary resources which is required to be 
                        sequestered by subchapter I of this chapter (or 
                        sequesters more than that amount) with respect 
                        to any program, project, activity, or amount,

            the President shall, within 20 days after such determination 
            is made, revise the order in accordance with such 
            determination.

                (2) If the order issued by the President under section 
            904 of this title for any fiscal year--
                            (A) does not reduce any automatic spending 
                        increase to the extent that such increase is 
                        required to be reduced by subchapter I of this 
                        chapter,
                            (B) does not sequester any amount of new 
                        budget authority, new loan guarantee 
                        commitments, new direct loan obligations, or 
                        spend

[[Page 624]]

                        ing authority which is required to be 
                        sequestered by subchapter I of this chapter, or
                            (C) does not reduce any obligation 
                        limitation by the amount by which such 
                        limitation is required to be reduced under 
                        subchapter I of this chapter,

            on the claim or defense that the constitutional powers of 
            the President prevent such sequestration or reduction or 
            permit the avoidance of such sequestration or reduction, and 
            such claim or defense is finally determined by the Supreme 
            Court of the United States to be valid, then the entire 
            order issued pursuant to section 904 of this title for such 
            fiscal year shall be null and void.

            (e) Timing of relief
                No order of any court granting declaratory or injunctive 
            relief from the order of the President issued under section 
            904 of this title, including but not limited to relief 
            permitting or requiring the expenditure of funds sequestered 
            by such order, shall take effect during the pendency of the 
            action before such court, during the time appeal may be 
            taken, or, if appeal is taken, during the period before the 
            court to which such appeal is taken has entered its final 
            order disposing of such action.
            (f) Preservation of other rights
                The rights created by this section are in addition to 
            the rights of any person under law, subject to subsection 
            (e) of this section.
            (g) Economic data and assumptions
                The economic data and economic assumptions used by the 
            Director of OMB in computing the figures specified in any 
            report issued by the Director of OMB under section 904 of 
            this title shall not be subject to review in any judicial or 
            administrative proceeding. (Pub.L. 99-177, Title II, 
            Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub.L. 100-119, 
            Title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat. 
            774, 775; Pub.L. 105-33, Title X, Sec. 10211, Aug. 5, 1997, 
            111 Stat. 711.)
       736  Sec. 933. PAYGO estimates and PAYGO scorecards
            (a) PAYGO estimates
                (1) Required designation in PAYGO Acts
                            (A) House of Representatives
                            To establish the budgetary effects of a 
                        PAYGO Act consistent with the determination made 
                        by the Chairman of the House Budget Committee, a 
                        PAYGO Act originated in or amended by the House 
                        of Representatives may include the following 
                        statement: ``The budgetary effects of this Act, 
                        for the purpose of complying with the Statutory 
                        Pay-As-You-Go-Act of 2010, shall be determined 
                        by reference to the latest statement titled 
                        `Budgetary Effects of PAYGO Legislation' for 
                        this Act, submitted for printing in the 
                        Congressional Record by the Chairman of the 
                        House Budget Committee, provided that such 
                        statement has been submitted prior to the vote 
                        on passage.''
                            (B) Senate
                            To establish the budgetary effects of a 
                        PAYGO Act consistent with the determination made 
                        by the Chairman of the Senate Budget Committee, 
                        a PAYGO Act originated in or amended by the 
                        Senate shall include the following statement: 
                        ``The budgetary effects of this

[[Page 625]]

                        Act, for the purpose of complying with the 
                        Statutory Pay-As-You-Go-Act of 2010, shall be 
                        determined by reference to the latest statement 
                        titled `Budgetary Effects of PAYGO Legislation' 
                        for this Act, submitted for printing in the 
                        Congressional Record by the Chairman of the 
                        Senate Budget Committee, provided that such 
                        statement has been submitted prior to the vote 
                        on passage.''
                            (C) Conference reports and amendments 
                        between the Houses
                            To establish the budgetary effects of the 
                        conference report on a PAYGO Act, or an 
                        amendment to an amendment between Houses on a 
                        PAYGO Act, which if estimated shall be estimated 
                        jointly by the Chairmen of the House and Senate 
                        Budget Committees, the conference report or 
                        amendment between the Houses shall include the 
                        following statement: ``The budgetary effects of 
                        this Act, for the purpose of complying with the 
                        Statutory Pay-As-You-Go-Act of 2010, shall be 
                        determined by reference to the latest statement 
                        titled `Budgetary Effects of PAYGO Legislation' 
                        for this Act, jointly submitted for printing in 
                        the Congressional Record by the Chairmen of the 
                        House and Senate Budget Committees, provided 
                        that such statement has been submitted prior to 
                        the vote on passage in the House acting first on 
                        this conference report or amendment between the 
                        Houses.
                (2) Determination of budgetary effects of PAYGO Acts
                            (A) Original legislation

                                (i) Statement and estimate

                                Prior to a vote on passage of a PAYGO 
                            Act originated or amended by one House, the 
                            Chairman of the Budget Committee of that 
                            House may submit for printing in the 
                            Congressional Record a statement titled 
                            ``Budgetary Effects of PAYGO Legislation'' 
                            which shall include an estimate of the 
                            budgetary effects of that Act, if available 
                            prior to passage of the Act by that House 
                            and shall submit, if applicable, an 
                            identification of any current policy 
                            adjustments made pursuant to section 936 of 
                            this title. The timely submission of such a 
                            statement, in conjunction with the 
                            appropriate designation made pursuant to 
                            paragraph (1)(A) or (1)(B), as applicable, 
                            shall establish the budgetary effects of the 
                            PAYGO Act for the purposes of this Act.

                                (ii) Effect

                                The latest statement submitted by the 
                            Chairman of the Budget Committee of that 
                            House prior to passage shall supersede any 
                            prior statements submitted in the 
                            Congressional Record and shall be valid only 
                            if the PAYGO Act is not further amended by 
                            either House.

                                (iii) Failure to submit estimate

                If--

                                        (I) the estimate required by 
                                    clause (i) has not been submitted 
                                    prior to passage by that House;

                                        (II) such estimate has been 
                                    submitted but is no longer valid due 
                                    to a subsequent amendment to the 
                                    PAYGO Act; or

                                        (III) the designation required 
                                    pursuant to this subsection has not 
                                    been made;

                                        the budgetary effects of the 
                                    PAYGO Act shall be determined under 
                                    subsection (d)(3), provided that 
                                    this clause

[[Page 626]]

                                    shall not apply if a valid 
                                    designation is subsequently included 
                                    in that PAYGO Act pursuant to 
                                    paragraph (1)(C) and a statement is 
                                    submitted pursuant to subparagraph 
                                    (B).

                            (B) Conference reports and amendments 
                        between Houses

                                (i) In general

                Prior to the adoption of a report of a committee of 
            conference on a PAYGO Act in either House, or disposition of 
            an amendment to an amendment between Houses on a PAYGO Act, 
            the Chairmen of the Budget Committees of the House and 
            Senate may jointly submit for printing in the Congressional 
            Record a statement titled ``Budgetary Effects of PAYGO 
            Legislation'' which shall include an estimate of the 
            budgetary effects of that Act if available prior to passage 
            of the Act by the House acting first on the legislation and 
            shall submit, if applicable, an identification of any 
            current policy adjustments made pursuant to section 936 of 
            this title. The timely submission of such a statement, in 
            conjunction with the appropriate designation made pursuant 
            to paragraph (1)(C), shall establish the budgetary effects 
            of the PAYGO Act for the purposes of this Act.

                                (ii) Failure to submit estimate

                If such estimate has not been submitted prior to the 
            adoption of a report of a committee of conference by either 
            House, or if the designation required pursuant to this 
            subsection has not been made, the budgetary effects of the 
            PAYGO Act shall be determined under subsection (d)(3).
                (3) Procedure in the Senate
                In the Senate, upon submission of a statement titled 
            ``Budgetary Effects of PAYGO Legislation'' by the Chairman 
            of the Senate Budget Committee for printing in the 
            Congressional Record, the Legislative Clerk shall read the 
            statement.
                (4) Jurisdiction of the Budget Committees
                For the purposes of enforcing section 637 of this title, 
            a designation made pursuant to paragraph (1)(A), (1)(B), or 
            (1)(C), that includes only the language specifically 
            prescribed therein, shall not be considered a matter within 
            the jurisdiction of either the Senate or House Committees on 
            the Budget.
            (b) Omitted
            (c) Current policy adjustments for certain legislation
                (1) In general
                For any provision of legislation that meets the criteria 
            in subsection (c), (d), (e) or (f) of section 936 of this 
            title, the Chairs of the Committees on the Budget of the 
            House and Senate, as applicable, shall request that CBO 
            adjust the estimate of budgetary effects of that legislation 
            pursuant to paragraph (2) for the purposes of this chapter. 
            A single piece of legislation may contain provisions that 
            meet criteria in more than one of the subsections referred 
            to in the preceding sentence. CBO shall adjust estimates for 
            legislation designated under subsection (a) and estimated 
            under subsection (b). OMB shall adjust estimates for 
            legislation estimated under subsection (d)(3).
                (2) Adjustments
                            (A) Estimates

[[Page 627]]

                CBO or OMB, as applicable, shall exclude from the 
            estimate of budgetary effects any budgetary effects of a 
            provision that meets the criteria in subsection (c), (d), 
            (e) or (f) of section 936 of this title, to the extent that 
            those budgetary effects, when combined with all other 
            excluded budgetary effects of any other previously 
            designated provisions of enacted legislation under the same 
            subsection of section 936 of this title, do not exceed the 
            maximum applicable current policy adjustment defined under 
            the applicable subsection of section 936 of this title for 
            the applicable 10-year period.
                            (B) Baseline
                Any estimate made pursuant to subparagraph (A) shall be 
            prepared using baseline estimates supplied by the 
            Congressional Budget Office, consistent with section 907 of 
            this title. CBO estimates of legislation adjusted for 
            current policy shall include a separate presentation of 
            costs excluded from the calculation of budgetary effects for 
            the legislation, as well as an updated total of all excluded 
            costs of provisions within subsection (c), (d), or (e) of 
            section 936 of this title, as applicable, and in the case of 
            paragraph (1) of section 936(f) of this title, within any of 
            the subparagraphs (A) through (L) of such paragraph, as 
            applicable.
                (3) Limitation on availability of excess savings
                (A) Prohibition on use of excess saving for ineligible 
            policies
                To the extent the adjustment for current policy of any 
            provision estimated under this subsection exceeds the 
            estimated budgetary effects of that provision, these excess 
            savings shall not be available to offset the costs of any 
            provisions not otherwise eligible for a current policy 
            adjustment under section 936 of this title, and shall not be 
            counted on the PAYGO scorecards established pursuant to 
            subsections (d)(4) and (d)(5).
                (B) Prohibition on use of excess savings across budget 
            areas
                For provisions eligible for a current policy adjustment 
            under subsections (c) through (f) of section 936 of this 
            title, to the extent the adjustment for current policy of 
            any provision exceeds the estimated budgetary effects of 
            that same provision, the excess savings shall be available 
            only to offset the costs of other provisions that qualify 
            for a current policy adjustment in that same subsection. 
            Each paragraph in section 936(f)(1) of this title shall be 
            considered a separate subsection for purposes of this 
            section.
                (4) Further guidance on estimating budgetary effects
                Estimates of budgetary effects under this subsection 
            shall be consistent with the guidance provided at section 
            936(h) of this title.
                (5) Inclusion of statement
                For PAYGO legislation adjusted pursuant to section 936 
            of this title, the Chairman of the House or Senate Budget 
            Committee, as applicable, shall include in any statement 
            titled ``Budgetary Effects of PAYGO Legislation'', submitted 
            for that legislation pursuant to this section, an 
            explanation of the current policy designation and 
            adjustments.
            (d) OMB PAYGO scorecards
                (1) In general
                OMB shall maintain and make publicly available a 
            continuously updated document containing two PAYGO 
            scorecards displaying the budgetary effects of PAYGO 
            legislation as determined under section 639 of this title, 
            applying the look-back requirement in subsection (e) and the 
            averaging requirement in subsection (f), and a separate 
            addendum

[[Page 628]]

            displaying the estimates of the costs of provisions 
            designated in statute as emergency requirements.
                (2) Estimates in legislation
                            Except as provided in paragraph (3), in 
                        making the calculations for the PAYGO 
                        scorecards, OMB shall use the budgetary effects 
                        included by reference in the applicable 
                        legislation pursuant to subsection (a).
                (3) OMB PAYGO estimates
                            If a PAYGO Act does not contain a valid 
                        reference to its budgetary effects consistent 
                        with subsection (a), OMB shall estimate the 
                        budgetary effects of that legislation upon its 
                        enactment. The OMB estimate shall be based on 
                        the approaches to scorekeeping set forth in 
                        section 639 of this title, as amended by this 
                        chapter, and subsection (g)(4), and shall use 
                        the same economic and technical assumptions as 
                        used in the most recent budget submitted by the 
                        President under section 1105(a) of Title 31.
                (4) 5-year scorecard
                            The first scorecard shall display the 
                        budgetary effects of PAYGO legislation in each 
                        year over the 5-year period beginning in the 
                        budget year.
                (5) 10-year scorecard
                            The second scorecard shall display the 
                        budgetary effects of PAYGO legislation in each 
                        year over the 10-year period beginning in the 
                        budget year.
                (6) Community Living Assistance Services and Supports 
            Act
                            Neither scorecard maintained by OMB pursuant 
                        to this subsection shall include net savings 
                        from any provisions of legislation titled 
                        ``Community Living Assistance Services and 
                        Supports Act'', which establishes a Federal 
                        insurance program for long-term care, if such 
                        legislation is enacted into law, or amended, 
                        subsequent to February 12, 2010.
            (e) Look-back to capture current-year effects
                For purposes of this section, OMB shall treat the 
            budgetary effects of PAYGO legislation enacted during a 
            session of Congress that occur during the current year as 
            though they occurred in the budget year.
            (f) Averaging used to measure compliance over 5-year and 10-
                year periods
                OMB shall cumulate the budgetary effects of a PAYGO Act 
            over the budget year (which includes any look-back effects 
            under subsection (e)) and--
                            (1) for purposes of the 5-year scorecard 
                        referred to in subsection (d)(4), the four 
                        subsequent outyears, divide that cumulative 
                        total by five, and enter the quotient in the 
                        budget-year column and in each subsequent column 
                        of the 5-year PAYGO scorecard; and
                            (2) for purposes of the 10-year scorecard 
                        referred to in subsection (d)(5), the nine 
                        subsequent outyears, divide that cumulative 
                        total by ten, and enter the quotient in the 
                        budget-year column and in each subsequent column 
                        of the 10-year PAYGO scorecard.
            (g) Emergency legislation
                (1) Designation in statute

[[Page 629]]

                            If a provision of direct spending or revenue 
                        legislation in a PAYGO Act is enacted as an 
                        emergency requirement that the Congress so 
                        designates in statute pursuant to this section, 
                        the amounts of new budget authority, outlays, 
                        and revenue in all fiscal years resulting from 
                        that provision shall be treated as an emergency 
                        requirement for the purposes of this Act.
                (2) Designation in the House of Representatives
                            If a PAYGO Act includes a provision 
                        expressly designated as an emergency for the 
                        purposes of this chapter, the Chair shall put 
                        the question of consideration with respect 
                        thereto.
                (3) Point of order in the Senate
                            (A) In general
                            When the Senate is considering a PAYGO Act, 
                        if a point of order is made by a Senator against 
                        an emergency designation in that measure, that 
                        provision making such a designation shall be 
                        stricken from the measure and may not be offered 
                        as an amendment from the floor.
                            (B) Supermajority waiver and appeals

                                (i) Waiver

                                Subparagraph (A) may be waived or 
                            suspended in the Senate only by an 
                            affirmative vote of three-fifths of the 
                            Members, duly chosen and sworn.

                                (ii) Appeals

                                Appeals in the Senate from the decisions 
                            of the Chair relating to any provision of 
                            this subsection shall be limited to 1 hour, 
                            to be equally divided between, and 
                            controlled by, the appellant and the manager 
                            of the bill or joint resolution, as the case 
                            may be. An affirmative vote of three-fifths 
                            of the Members of the Senate, duly chosen 
                            and sworn, shall be required to sustain an 
                            appeal of the ruling of the Chair on a point 
                            of order raised under this subsection.

                            (C) Definition of an emergency designation
                            For purposes of subparagraph (A), a 
                        provision shall be considered an emergency 
                        designation if it designates any item as an 
                        emergency requirement pursuant to this 
                        subsection.
                            (D) Form of the point of order
                A point of order under subparagraph (A) may be raised by 
            a Senator as provided in section 644(e) of this title.
                            (E) Conference reports
                            When the Senate is considering a conference 
                        report on, or an amendment between the Houses in 
                        relation to, a PAYGO Act, upon a point of order 
                        being made by any Senator pursuant to this 
                        section, and such point of order being 
                        sustained, such material contained in such 
                        conference report shall be deemed stricken, and 
                        the Senate shall proceed to consider the 
                        question of whether the Senate shall recede from 
                        its amendment and concur with a further 
                        amendment, or concur in the House amendment with 
                        a further amendment, as the case may be, which 
                        further amendment shall consist of only that 
                        portion of the conference report or House 
                        amendment, as the case may be, not so stricken. 
                        Any such motion in the Senate shall be 
                        debatable. In any case in which such point of 
                        order is sustained against a conference report 
                        (or Senate amendment derived from

[[Page 630]]

                        such conference report by operation of this 
                        subsection), no further amendment shall be in 
                        order.
                            (4) Effect of designation on scoring
                            If a provision is designated as an emergency 
                        requirement under this Act, CBO or OMB, as 
                        applicable, shall not include the budgetary 
                        effects of such a provision in its estimate of 
                        the budgetary effects of that PAYGO legislation. 
                        (Pub.L. 111-139, Title I, Sec.  4, Feb. 12, 
                        2010, 124 Stat. 9.)
       737  Sec. 939. Limitation on changes to the Social Security Act.
            (a) Limitation on changes to the Social Security Act
                Notwithstanding any other provision of law, it shall not 
            be in order in the Senate or the House of Representatives to 
            consider any bill or resolution pursuant to any expedited 
            procedure to consider the recommendations of a Task Force 
            for Responsible Fiscal Action or other commission that 
            contains recommendations with respect to the old-age, 
            survivors, and disability insurance program established 
            under title II of the Social Security Act, or the taxes 
            received under subchapter A of chapter 9; the taxes imposed 
            by subchapter E of chapter 1; and the taxes collected under 
            section 86 of part II of subchapter B of chapter 1 of the 
            Internal Revenue Code.
            (b) Waiver
                This section may be waived or suspended in the Senate 
            only by the affirmative vote of three-fifths of the Members, 
            duly chosen and sworn.
            (c) Appeals
                An affirmative vote of three-fifths of the Members of 
            the Senate, duly chosen and sworn, shall be required in the 
            Senate to sustain an appeal of the ruling of the Chair on a 
            point of order raised under this section. (Pub.L. 111-139, 
            Title I, Sec.  13, Feb. 12, 2010, 124 Stat. 29.)
            
               Chapter 22.--JOHN C. STENNIS CENTER FOR PUBLIC SERVICE 
                              TRAINING AND DEVELOPMENT

       738  Sec. 1101. Congressional findings.
                The Congress makes the following findings:
                            (1) Senator John C. Stennis of the State of 
                        Mississippi has served his State and country 
                        with distinction for more than 60 years asa 
                        public servant, including service in the United 
                        States Senate fora period of 41 years.
                            (2) Senator Stennis has a distinguished 
                        record as a United States Senator, including 
                        service as the first Chairman of the Select 
                        Committee on Ethics, Chairman of the Committee 
                        on Armed Services, Chairman of the Committee on 
                        Appropriations, and President pro tempore of the 
                        Senate.
                            (3) Senator Stennis has long maintained a 
                        special interest in and devotion to the 
                        development of leadership and excellence in 
                        public service.
                            (4) There is a compelling need to encourage 
                        outstanding young people to pursue public 
                        service on a career basis and to provide public 
                        service leadership training opportunities for 
                        individuals serving in State and local 
                        governments and for individuals serving as 
                        employees of Members of Congress.

[[Page 631]]

                            (5) It would be a fitting tribute to Senator 
                        Stennis and to his leadership, integrity, and 
                        years of devoted public service to establish in 
                        his name a center for the training and 
                        development of leadership excellence in public 
                        service. (Pub.L. 100-458, Title I, Sec. 112, 
                        Oct. 1, 1988, 102 Stat. 2172.)
       739  Sec. 1102. Definitions.
                In this subtitle:
                            (1) The term ``Center'' means the John C. 
                        Stennis Center for Public Service Training and 
                        Development established under section 1103(a).
                            (2) The term ``Board'' means the Board of 
                        Trustees of the John C. Stennis Center for 
                        Public Service Training and Development 
                        established under section 1103(b).
                            (3) The term ``fund'' means the John C. 
                        Stennis Center for Public Service Training and 
                        Development Trust Fund provided for under 
                        section 1105. (Pub.L. 100-458, Title I, 
                        Sec. 113, Oct. 1, 1988, 102 Stat. 2172.)
       740  Sec. 1103. Establishment of the John C. Stennis Center for 
                Public Service Training and Development.
                (a) Establishment.--There is established in the 
            legislative branch of the Government a center to be known as 
            the ``John C. Stennis Center for Public Service Training and 
            Development''.
                (b) Board of Trustees.--The Center shall be subject to 
            the supervision and direction of a Board of Trustees. The 
            Board shall be composed of seven members, as follows:
                            (1) Two members to be appointed by the 
                        majority leader of the Senate.
                            (2) One member to be appointed by the 
                        minority leader of the Senate.
                            (3) Two members to be appointed by the 
                        Speaker of the House of Representatives.
                            (4) One member to be appointed by the 
                        minority leader of the House of Representatives.
                            (5) The Executive Director of the Center, 
                        who shall serve as an ex-officio member of the 
                        Board.
                (c) Term of Office.--The term of office of each member 
            of the Board appointed under paragraphs (1), (2), (3), and 
            (4) of subsection (b) shall be six years, except that--
                            (1) the members first appointed under 
                        paragraphs (1) and (2) shall serve, as 
                        designated by the majority leader of the Senate, 
                        one for a term of two years, one for a term of 
                        four years, and one for a term of six years;
                            (2) the members first appointed under 
                        paragraphs (3) and (4) shall serve, as 
                        designated by the Speaker of the House of 
                        Representatives, one for a term of two years, 
                        one for a term of four years, and one for a term 
                        of six years; and
                            (3) a member appointed to fill a vacancy 
                        shall serve for the remainder of the term for 
                        which his predecessor was appointed and shall be 
                        appointed in the same manner as the original 
                        appointment for that vacancy was made.
                (d) Travel and Subsistence Pay.--Members of the Board 
            (other than the Executive Director) shall serve without pay, 
            but shall be entitled

[[Page 632]]

            to reimbursement for travel, subsistence, and other 
            necessary expenses incurred in the performance of their 
            duties.
                (e) Location of Center.--The Center shall be located at 
            or near Starkville, Mississippi, the location of Mississippi 
            State University. (Pub.L. 100-458, Title I, Sec. 114, Oct. 
            1, 1988, 102 Stat. 2173.)
       741  Sec. 1104. Purposes and authority of the Center.
                (a) Purposes of Center.--The purposes of the Center 
            shall be--
                            (1) to increase awareness of the importance 
                        of public service, to foster among the youth of 
                        the United States greater recognition and 
                        understanding of the role of public service in 
                        the development of the United States, and to 
                        promote public service as a career choice;
                            (2) to provide training and development 
                        opportunities for State and local elected 
                        government officials and employees of State and 
                        local governments in order to assist such 
                        officials and employees to become more effective 
                        and more efficient in performing their public 
                        duties and develop their potential for accepting 
                        increased public service opportunities; and
                            (3) to provide training and development 
                        opportunities for those employees of Members of 
                        the Congress who perform key roles in helping 
                        Members of Congress serve the people of the 
                        United States.
                (b) Authority of Center.--The Center is authorized, 
            consistent with this subtitle, to develop such programs, 
            activities, and services as it considers appropriate to 
            carry out the purposes of this subtitle. Such authority 
            shall include the following:
                            (1) The development and implementation of 
                        educational programs for secondary and post-
                        secondary schools and colleges designed--

                                (A) to improve the attitude of students 
                            toward public service;

                                (B) to encourage students to consider 
                            public service as a career goal;

                                (C) to create a better understanding of 
                            the important role that people in public 
                            service have played in the growth and 
                            development of the United States; and

                                (D) to foster a sense of civic 
                            responsibility among the youth of the United 
                            States.

                            (2) The development and implementation of 
                        programs designed--

                                (A) to enhance skills and abilities of 
                            public service employees and elected 
                            officials at the State and local levels of 
                            government;

                                (B) to make such officials more 
                            productive and effective in the performance 
                            of their duties; and

                                (C) to help prepare such employees and 
                            officials to assume greater responsibilities 
                            in the field of public service.

                            (3) The development and implementation of 
                        congressional staff training programs designed 
                        to equip congressional staff personnel to 
                        perform their duties more effectively and 
                        efficiently.
                            (4) The development and implementation of 
                        media and telecommunications production 
                        capabilities to assist the Center in expanding 
                        the reach of its programs throughout the United 
                        States.
                            (5) The establishment of library and 
                        research facilities for the collection and 
                        compilation of research materials for use in 
                        carrying out the programs of the Center.
                (C) Program Priorities.--The Board of Trustees shall 
            determine the priority of the programs to be carried out 
            under this subtitle and the

[[Page 633]]

            amount of funds to be allocated for such programs. (Pub.L. 
            100-458, Title I, Sec. 115, Oct. 1, 1988, 102 Stat. 2173.)
       742  Sec. 1105. John C. Stennis Center for Public Service 
                Development Trust Fund.
                (a) Establishment of Fund.--There is established in the 
            Treasury of the United States a trust fund to be known as 
            the ``John C. Stennis Center for Public Service Development 
            Trust Fund''. The fund shall consist of amounts appropriated 
            to it pursuant to section 1110 and amounts credited to it 
            under subsection (d).
                (b) Investment of Fund Assets.--(1) At the request of 
            the Center, it shall be the duty of the Secretary of the 
            Treasury to invest in full the amounts appropriated to the 
            fund. Such investments must be made only in interest-bearing 
            obligations of the United States issued directly to the 
            fund.
                (2) The purposes for which obligations of the United 
            States may be issued under chapter 31 of Title 31 are hereby 
            extended to authorize the issuance at par of special 
            obligations directly to the fund. Such special obligations 
            shall bear interest at a rate equal to the average rate of 
            interest, computed as to the end of the calendar month next 
            preceding the date of such issue, borne by all marketable 
            interest-bearing obligations of the United States then 
            forming a part of the public debt; except that where such 
            average is not a multiple of one-eighth of 1 per centum, the 
            rate of interest of such special obligations shall be the 
            multiple of one-eighth of 1 per centum next lower than such 
            average rate. All requests of the Center to the Secretary of 
            the Treasury provided for in this section shall be binding 
            upon the Secretary.
                (c) Authority to Sell Obligations.--At the request of 
            the Center, the Secretary of the Treasury shall redeem any 
            obligation issued directly to the fund. Obligations issued 
            to the fund under subsection (b)(2) of this section shall be 
            redeemed at par plus accrued interest. Any other obligations 
            issued directly to the fund shall be redeemed at the market 
            price.
                (d) Proceeds From Certain Transactions Credited to 
            Fund.--In addition to the appropriations received pursuant 
            to section 1110 of this title, the interest on, and the 
            proceeds from the sale or redemption of, any obligations 
            held in the fund pursuant to section 1108(a) of this title, 
            shall be credited to and form a part of the fund. (Pub.L. 
            100-458, Title I, Sec. 116, Oct. 1, 1988, 102 Stat. 2174; 
            Pub L. 101-520, Title III, Sec. 313(a), Nov. 5, 1990, 104 
            Stat. 2282; Pub.L. 108-7, Div. J, Title I, Sec. 125, Feb. 
            20, 2003, 117 Stat. 439.)
       743  Sec. 1106. Expenditures and audit of Trust Fund.
                (a) In general.--The Secretary of the Treasury is 
            authorized to pay to the Center from the interest and 
            earnings of the fund, and moneys credited to the fund 
            pursuant to section 1108(a) of this title, such sums as the 
            Board determines are necessary and appropriate to enable the 
            Center to carry out the provisions of this chapter.
                (b) Audit by GAO.--The activities of the Center under 
            this subtitle may be audited by the Government 
            Accountability Office under such rules and regulations as 
            may be prescribed by the Comptroller General of the United 
            States. Representatives of the Government Accountability 
            Office shall have access to all books, accounts, records, 
            reports, and files and all other papers, things, or property 
            belonging to or in use

[[Page 634]]

            by the Center, pertaining to such activities and necessary 
            to facilitate the audit. (Pub.L. 100-458, Title I, Sec. 117, 
            Oct. 1, 1988, 102 Stat. 2175; Pub.L. 101-520, Title III, 
            Sec. 313(b), Nov. 5, 1990, 104 Stat. 2282; Pub.L. 108-271, 
            Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       744  Sec. 1107. Executive Director of Center.
                (a) Appointment by Board.--(1) There shall be an 
            Executive Director of the Center who shall be appointed by 
            the Board. The Executive Director shall be the chief 
            executive officer of the Center an shall carry out the 
            functions of the Center subject to the supervision and 
            direction of the Board. The Executive Director shall carry 
            out such other functions consistent with the provisions of 
            this subtitle as the Board shall prescribe.
                (2) The Executive Director shall not be eligible to 
            serve as Chairman of the Board.
                (b) Compensation.--The Executive Director of the Center 
            shall be compensated at the rate specified for employees in 
            grade GS-18 of the General Schedule under section 5332 of 
            Title 5, United States Code. (Pub.L. 100-458, Title I, 
            Sec. 118, Oct. 1, 1988, 102 Stat. 2175.)
       745  Sec. 1108. Administrative provisions.
                (a) In general.--In order to carry out the provisions of 
            this subtitle, the Center may--
                            (1) appoint and fix the compensation of such 
                        personnel as may be necessary to carry out the 
                        provisions of this subtitle, except that in no 
                        case shall employees other than the Executive 
                        Director be compensated at a rate to exceed the 
                        maximum rate for employees in grade GS-15 of the 
                        General Schedule under section 5332 of Title 5, 
                        United States Code;
                            (2) procure temporary and intermittent 
                        services of experts and consultants as are 
                        necessary to the extent authorized by section 
                        3109 of Title 5, United States Code, but at 
                        rates not to exceed the rate specified at the 
                        time of such service for grade GS-18 under 
                        section 5332 of such title;
                            (3) prescribe such regulations as it 
                        considers necessary governing the manner in 
                        which its functions shall be carried out;
                            (4) solicit and receive money and other 
                        property donated, bequeathed, or devised, 
                        without condition or restriction other than it 
                        be used for the purposes of the Center, and to 
                        use, sell, or otherwise dispose of such property 
                        for the purpose of carrying out its functions;
                            (5) accept and utilize the services of 
                        voluntary and noncompensated personnel and 
                        reimburse them for travel expenses, including 
                        per diem, as authorized by section 5703 of Title 
                        5, United States Code;
                            (6) enter into contracts, grants, or other 
                        arrangements, or modifications thereof, to carry 
                        out the provisions of this subtitle, and such 
                        contracts or modifications thereof may, with the 
                        concurrence of two-thirds of the members of the 
                        Board, be entered into without performance or 
                        other bonds, and without regard to section 3709 
                        of the Revised Statutes (41 U.S.C. 5);
                            (7) make expenditures for official reception 
                        and representation expenses as well as 
                        expenditures for meals, entertainment and re

[[Page 635]]

                        freshments in connection with official training 
                        sessions or other authorized programs or 
                        activities;
                            (8) apply for, receive and use for the 
                        purposes of the Center grants or other 
                        assistance from Federal sources;
                            (9) establish, receive and use for the 
                        purposes of the Center fees or other charges for 
                        goods or services provided in fulfilling the 
                        Center's purposes to persons not enumerated in 
                        section 1104(b) of this title;
                            (10) invest, as specified in section 1105(b) 
                        of this title, moneys authorized to be received 
                        under this section; and
                            (11) make other necessary expenditures.
                (b) Annual Report.--The Center shall submit to Congress 
            an annual report of its operations under this subtitle. 
            (Pub.L. 100-458, Title I, Sec. 119, Oct. 1, 1988, 102 Stat. 
            2176; Pub.L. 101-163, Title III, Sec. 320, Nov. 21, 1989, 
            103 Stat. 1068; Pub.L. 101-520, Title III, Sec. 313(c), Nov. 
            5, 1990, 104 Stat. 2282.)
            Cross Reference
                Authority of the Library of Congress to provide 
            financial services, see section 142j of Title 2, United 
            States Code (Senate Manual Section 521).
       746  Sec. 1109. Authorization for appropriations.
                There are authorized to be appropriated such sums as may 
            be necessary to carry out this chapter. (Pub.L. 100-458, 
            Title I, Sec. 120, Oct. 1, 1988, 102 Stat. 2176.)
       747  Sec. 1110. Appropriations.
                There is appropriated to the fund the sum of $7,500,000 
            to carry out this chapter. (Oct. 1, 1988, Pub.L. 100-458, 
            Sec. 121, 102 Stat. 2176.)
            
               Chapter 22A.--CENTER FOR RUSSIAN LEADERSHIP DEVELOPMENT

       748  Sec. 1151. Open World Leadership Center.
            (a) Establishment
                (1) In general
                            There is established in the legislative 
                        branch of the Government a center to be known as 
                        the ``Open World Leadership Center\1\ (the 
                        ``Center'').
                \1\ So in original. Probably should be followed by 
                closing quotation marks.
                (2) Board of Trustees
                            The Center shall be subject to the 
                        supervision and direction of a Board of Trustees 
                        (the ``Board'') which shall be composed of 11 
                        members as follows:

                                (A) Two Members of the House of 
                            Representatives appointed by the Speaker of 
                            the House of Representatives, one of whom 
                            shall be designated by the Majority Leader 
                            of the House of Representatives and one of 
                            whom shall be designated by the Minority 
                            Leader of the House of Representatives.

                                (B) Two Senators appointed by the 
                            President pro tempore of the Senate, one of 
                            whom shall be designated by the Majority 
                            Leader of the Senate and one of whom shall 
                            be designated by the Minority Leader of the 
                            Senate.

[[Page 636]]

                                (C) The Librarian of Congress.

                                (D) Four private individuals with 
                            interests in improving relations between the 
                            United States and eligible foreign states, 
                            designated by the Librarian of Congress.

                                (E) The chair of the Subcommittee on the 
                            Legislative Branch of the Committee on 
                            Appropriations of the House of 
                            Representatives and the chair of the 
                            Subcommittee on Legislative Branch of the 
                            Committee on Appropriations of the Senate.

                                Each member appointed under this 
                            paragraph shall serve for a term of 3 years. 
                            Any vacancy shall be filled in the same 
                            manner as the original appointment and the 
                            individual so appointed shall serve for the 
                            remainder of the term. Members of the Board 
                            shall serve without pay, but shall be 
                            entitled to reimbursement for travel, 
                            subsistence, and other necessary expenses 
                            incurred in the performance of their duties.

            (b) Purpose and authority of the Center
                (1) Purpose
                            The purpose of the Center is to establish, 
                        in accordance with the provisions of paragraph 
                        (2), a program to enable emerging political 
                        leaders of eligible foreign states at all levels 
                        of government to gain significant, firsthand 
                        exposure to the American free market economic 
                        system and the operation of American democratic 
                        institutions through visits to governments and 
                        communities at comparable levels in the United 
                        States and to establish and administer a program 
                        to enable cultural leaders of Russia to gain 
                        significant, firsthand exposure to the operation 
                        of American cultural institutions.
                (2) Grant program
                            Subject to the provisions of paragraphs (3) 
                        and (4), the Center shall establish a program 
                        under which the Center annually awards grants to 
                        government or community organizations in the 
                        United States that seek to establish programs 
                        under which those organizations will host 
                        nationals of eligible foreign states who are 
                        emerging political leaders at any level of 
                        government.
                (3) Restrictions
                            (A) Duration

                                The period of stay in the United States 
                            for any individual supported with grant 
                            funds under the program shall not exceed 30 
                            days.

                            (B) Limitation

                                The number of individuals supported with 
                            grant funds under the program shall not 
                            exceed 3,500 in any fiscal year.

                            (C) Use of funds

                                Grant funds under the program shall be 
                            used to pay--

                                        (i) the costs and expenses 
                                    incurred by each program participant 
                                    in traveling between an eligible 
                                    foreign state and the United States 
                                    and in traveling within the United 
                                    States;

                                        (ii) the costs of providing 
                                    lodging in the United States to each 
                                    program participant, whether in 
                                    public accommodations or in private 
                                    homes; and

                                        (iii) such additional 
                                    administrative expenses incurred by 
                                    organizations in carrying out the 
                                    program as the Center may prescribe.

                (4) Application

[[Page 637]]

                            (A) In general

                                Each organization in the United States 
                            desiring a grant under this section shall 
                            submit an application to the Center at such 
                            time, in such manner, and accompanied by 
                            such information as the Center may 
                            reasonably require.

                            (B) Contents

                                Each application submitted pursuant to 
                            subparagraph (A) shall--

                                        (i) describe the activities for 
                                    which assistance under this section 
                                    is sought;

                                        (ii) include the number of 
                                    program participants to be 
                                    supported;

                                        (iii) describe the 
                                    qualifications of the individuals 
                                    who will be participating in the 
                                    program; and

                                        (iv) provide such additional 
                                    assurances as the Center determines 
                                    to be essential to ensure compliance 
                                    with the requirements of this 
                                    section.

            (c) Establishment of Fund
                (1) In general
                            There is established in the Treasury of the 
                        United States a trust fund to be known as the 
                        ``Open World Leadership Center Trust Fund'' (the 
                        ``Fund'') which shall consist of amounts which 
                        may be appropriated, credited, or transferred to 
                        it under this section.
                (2) Donations
                            Any money or other property donated, 
                        bequeathed, or devised to the Center under the 
                        authority of this section shall be credited to 
                        the Fund.
                (3) Fund management
                            (A) In general

                                The provisions of subsections (b), (c), 
                            and (d) of section 1105 of this title, and 
                            the provisions of section 1106(b) of this 
                            title, shall apply to the Fund.

                            (B) Expenditures

                                The Secretary of the Treasury is 
                            authorized to pay to the Center from amounts 
                            in the Fund such sums as the Board 
                            determines are necessary and appropriate to 
                            enable the Center to carry out the 
                            provisions of this section.

            (d) Executive Director
                On behalf of the Board, the Librarian of Congress shall 
            appoint an Executive Director who shall be the chief 
            executive officer of the Center and who shall carry out the 
            functions of the Center subject to the supervision and 
            direction of the Board of Trustees. The Executive Director 
            of the Center shall be compensated at the annual rate 
            specified by the Board, but in no event shall such rate 
            exceed level III of the Executive Schedule under section 
            5314 of Title 5.
            (e) Administrative provisions
                (1) In general
                            The provisions of section 1108 of this title 
                        shall apply to the Center.
                (2) Support provided by Library of Congress

[[Page 638]]

                            The Library of Congress may disburse funds 
                        appropriated to the Center, compute and disburse 
                        the basic pay for all personnel of the Center, 
                        provide administrative, legal, financial 
                        management, and other appropriate services to 
                        the Center, and collect from the Fund the full 
                        costs of providing services under this 
                        paragraph, as provided under an agreement for 
                        services ordered under sections 1535 and 1536 of 
                        Title 31.
            (f) Authorization of appropriations
                There are authorized to be appropriated such sums as may 
            be necessary to carry out this section.
            (g) Transfer of funds
                Any amounts appropriated for use in the program 
            established under section 3011 of the 1999 Emergency 
            Supplemental Appropriations Act (Public Law 106-31; 113 
            Stat. 93) shall be transferred to the Fund and shall remain 
            available without fiscal year limitation.
            (h) Effective dates
                (1) In general
                            This section shall take effect on December 
                        21, 2000.
                (2) Transfer
                            Subsection (g) of this section shall only 
                        apply to amounts which remain unexpended on and 
                        after the date the Board certifies to the 
                        Librarian of Congress that grants are ready to 
                        be made under the program established under this 
                        section.
            (j) \2\ Eligible foreign state defined
                \2\ So in original. No subsec. (i) has been enacted.
                In this section, the term ``eligible foreign state'' 
            means--
                            (1) any country specified in section 5801 of 
                        Title 22;
                            (2) Estonia, Latvia, and Lithuania; and
                            (3) any other country that is designated by 
                        the Board, except that the Board shall notify 
                        the Committees on Appropriations of the Senate 
                        and the House of Representatives of the 
                        designation at least 90 days before the 
                        designation is to take effect. (Pub.L. 106-554, 
                        Sec. 1(a)(2) [Title III, Sec. 313], Dec. 21, 
                        2000, 114 Stat. 2763, 2763A-120; Pub.L. 108-7, 
                        Div. H, Title I, Sec. 1401(a), Feb. 20, 2003, 
                        117 Stat. 382; Pub.L. 108-447, Div. G, Title I, 
                        Sec. Sec. 1501, 1502, Dec. 8, 2004, 118 Stat. 
                        3192; Pub.L. 109-13, Div. A, Title III, 
                        Sec. 3402(b), May 11, 2005, 119 Stat. 272; 
                        Pub.L. 109-289, Div. B, Title II, 
                        Sec. 20703(d)(6), as added Pub.L. 110-5, Sec. 2, 
                        Feb. 15, 2007, 121 Stat. 39; Pub.L.111-68, 
                        Div.A, Title I, Sec.  1601(a), (b), Oct. 1, 
                        2009, 123 Stat. 2041.)
            
                       Chapter 22B.--HUNGER FELLOWSHIP PROGRAM

       749  Sec. 1161. Hunger Fellowship Program.
            (a) Short title; findings
                (1) Short title
                            This section may be cited as the 
                        ``Congressional Hunger Fellows Act of 2002''.
                (2) Findings

[[Page 639]]

                            The Congress finds as follows:

                                (A) There is a critical need for 
                            compassionate individuals who are committed 
                            to assisting people who suffer from hunger 
                            as well as a need for such individuals to 
                            initiate and administer solutions to the 
                            hunger problem.

                                (B) Bill Emerson, the distinguished late 
                            Representative from the 8th District of 
                            Missouri, demonstrated his commitment to 
                            solving the problem of hunger in a 
                            bipartisan manner, his commitment to public 
                            service, and his great affection for the 
                            institution and the ideals of the United 
                            States Congress.

                                (C) George T. (Mickey) Leland, the 
                            distinguished late Representative from the 
                            18th District of Texas, demonstrated his 
                            compassion for those in need, his high 
                            regard for public service, and his lively 
                            exercise of political talents.

                                (D) The special concern that Mr. Emerson 
                            and Mr. Leland demonstrated during their 
                            lives for the hungry and poor was an 
                            inspiration for others to work toward the 
                            goals of equality and justice for all.

                                (E) These two outstanding leaders 
                            maintained a special bond of friendship 
                            regardless of political affiliation and 
                            worked together to encourage future leaders 
                            to recognize and provide service to others, 
                            and therefore it is especially appropriate 
                            to honor the memory of Mr. Emerson and Mr. 
                            Leland by creating a fellowship program to 
                            develop and train the future leaders of the 
                            United States to pursue careers in 
                            humanitarian service.

            (b) Establishment
                There is established as an independent entity of the 
            legislative branch of the United States Government the 
            Congressional Hunger Fellows Program (hereinafter in this 
            section referred to as the ``Program'').
            (c) Board of Trustees
                (1) In general
                            The Program shall be subject to the 
                        supervision and direction of a Board of 
                        Trustees.
                (2) Members of the Board of Trustees
                            (A) Appointment

                                The Board shall be composed of 6 voting 
                            members appointed under clause (i) and one 
                            nonvoting ex officio member designated in 
                            clause (ii) as follows:

                                (i) Voting members

                                        (I) The Speaker of the House of 
                                    Representatives shall appoint two 
                                    members.

                                        (II) The minority leader of the 
                                    House of Representatives shall 
                                    appoint one member.

                                        (III) The majority leader of the 
                                    Senate shall appoint two members.

                                        (IV) The minority leader of the 
                                    Senate shall appoint one member.

[[Page 640]]

                                (ii) Nonvoting member

                                        The Executive Director of the 
                                    program shall serve as a nonvoting 
                                    ex officio member of the Board.

                            (B) Terms

                                Members of the Board shall serve a term 
                            of 4 years.

                            (C) Vacancy

                                (i) Authority of Board

                                        A vacancy in the membership of 
                                    the Board does not affect the power 
                                    of the remaining members to carry 
                                    out this section.

                                (ii) Appointment of successors

                                        A vacancy in the membership of 
                                    the Board shall be filled in the 
                                    same manner in which the original 
                                    appointment was made.

                                (iii) Incomplete term

                                        If a member of the Board does 
                                    not serve the full term applicable 
                                    to the member, the individual 
                                    appointed to fill the resulting 
                                    vacancy shall be appointed for the 
                                    remainder of the term of the 
                                    predecessor of the individual.

                            (D) Chairperson

                                As the first order of business of the 
                            first meeting of the Board, the members 
                            shall elect a Chairperson.

                            (E) Compensation

                                (i) In general

                                        Subject to clause (ii), members 
                                    of the Board may not receive 
                                    compensation for service on the 
                                    Board.

                                (ii) Travel

                                        Members of the Board may be 
                                    reimbursed for travel, subsistence, 
                                    and other necessary expenses 
                                    incurred in carrying out the duties 
                                    of the program.

                (3) Duties
                            (A) Bylaws

                                (i) Establishment

                                        The Board shall establish such 
                                    bylaws and other regulations as may 
                                    be appropriate to enable the Board 
                                    to carry out this section, including 
                                    the duties described in this 
                                    paragraph.

                                (ii) Contents

                                        Such bylaws and other 
                                    regulations shall include 
                                    provisions--

                                                (I) for appropriate 
                                            fiscal control, funds 
                                            accountability, and 
                                            operating principles;
                                                (II) to prevent any 
                                            conflict of interest, or the 
                                            appearance of any conflict 
                                            of interest, in the 
                                            procurement and employment 
                                            actions taken by the Board 
                                            or by any officer or 
                                            employee of the Board and in 
                                            the selection and placement 
                                            of individuals in the 
                                            fellowships developed under 
                                            the program;
                                                (III) for the resolution 
                                            of a tie vote of the members 
                                            of the Board; and
                                                (IV) for authorization 
                                            of travel for members of the 
                                            Board.

                                (iii) Transmittal to Congress

[[Page 641]]

                                        Not later than 90 days after the 
                                    date of the first meeting of the 
                                    Board, the Chairperson of the Board 
                                    shall transmit to the appropriate 
                                    congressional committees a copy of 
                                    such bylaws.

                            (B) Budget

                                For each fiscal year the program is in 
                            operation, the Board shall determine a 
                            budget for the program for that fiscal year. 
                            All spending by the program shall be 
                            pursuant to such budget unless a change is 
                            approved by the Board.

                            (C) Process for selection and placement of 
                        fellows

                                The Board shall review and approve the 
                            process established by the Executive 
                            Director for the selection and placement of 
                            individuals in the fellowships developed 
                            under the program.

                            (D) Allocation of funds to fellowships

                                The Board of Trustees shall determine 
                            the priority of the programs to be carried 
                            out under this section and the amount of 
                            funds to be allocated for the Emerson and 
                            Leland fellowships.

            (d) Purposes; authority of program
                (1) Purposes
                            The purposes of the program are--

                                (A) to encourage future leaders of the 
                            United States to pursue careers in 
                            humanitarian service, to recognize the needs 
                            of people who are hungry and poor, and to 
                            provide assistance and compassion for those 
                            in need;

                                (B) to increase awareness of the 
                            importance of public service; and

                                (C) to provide training and development 
                            opportunities for such leaders through 
                            placement in programs operated by 
                            appropriate organizations or entities.

                (2) Authority
                            The program is authorized to develop such 
                        fellowships to carry out the purposes of this 
                        section, including the fellowships described in 
                        paragraph (3).
                (3) Fellowships
                            (A) In general

                                The program shall establish and carry 
                            out the Bill Emerson Hunger Fellowship and 
                            the Mickey Leland Hunger Fellowship.

                            (B) Curriculum

                                (i) In general

                                        The fellowships established 
                                    under subparagraph (A) shall provide 
                                    experience and training to develop 
                                    the skills and understanding 
                                    necessary to improve the 
                                    humanitarian conditions and the 
                                    lives of individuals who suffer from 
                                    hunger, including--

                                                (I) training in direct 
                                            service to the hungry in 
                                            conjunction with community-
                                            based organizations through 
                                            a program of field 
                                            placement; and
                                                (II) experience in 
                                            policy development through 
                                            placement in a governmental 
                                            entity or nonprofit 
                                            organization.

                                (ii) Focus of Bill Emerson Hunger 
                            Fellowship

                                        The Bill Emerson Hunger 
                                    Fellowship shall address hunger and 
                                    other humanitarian needs in the 
                                    United States.

[[Page 642]]

                                (iii) Focus of Mickey Leland Hunger 
                            Fellowship

                                        The Mickey Leland Hunger 
                                    Fellowship shall address 
                                    international hunger and other 
                                    humanitarian needs.

                                (iv) Workplan

                                        To carry out clause (i) and to 
                                    assist in the evaluation of the 
                                    fellowships under paragraph (4), the 
                                    program shall, for each fellow, 
                                    approve a work plan that identifies 
                                    the target objectives for the fellow 
                                    in the fellowship, including 
                                    specific duties and responsibilities 
                                    related to those objectives.

                            (C) Period of fellowship

                                (i) Emerson Fellow

                                        A Bill Emerson Hunger Fellowship 
                                    awarded under this paragraph shall 
                                    be for no more than 1 year.

                                (ii) Leland Fellow

                                        A Mickey Leland Hunger 
                                    Fellowship awarded under this 
                                    paragraph shall be for no more than 
                                    2 years. Not less than 1 year of the 
                                    fellowship shall be dedicated to 
                                    fulfilling the requirement of 
                                    subparagraph (B)(i)(I).

                            (D) Selection of fellows

                                (i) In general

                                        A fellowship shall be awarded 
                                    pursuant to a nationwide competition 
                                    established by the program.

                                (ii) Qualification

                                        A successful applicant shall be 
                                    an individual who has demonstrated--

                                                (I) an intent to pursue 
                                            a career in humanitarian 
                                            service and outstanding 
                                            potential for such a career;
                                                (II) leadership 
                                            potential or actual 
                                            leadership experience;
                                                (III) diverse life 
                                            experience;
                                                (IV) proficient writing 
                                            and speaking skills;
                                                (V) an ability to live 
                                            in poor or diverse 
                                            communities; and
                                                (VI) such other 
                                            attributes as determined to 
                                            be appropriate by the Board.

                                (iii) Amount of award

                                        (I) In general

                                                Each individual awarded 
                                            a fellowship under this 
                                            paragraph shall receive a 
                                            living allowance and, 
                                            subject to subclause (II), 
                                            an end-of-service award as 
                                            determined by the program.

                                        (II) Requirement for successful 
                                    completion of fellowship

                                                Each individual awarded 
                                            a fellowship under this 
                                            paragraph shall be entitled 
                                            to receive an end-of-service 
                                            award at an appropriate rate 
                                            for each month of 
                                            satisfactory service as 
                                            determined by the Executive 
                                            Director.

                                (iv) Recognition of fellowship award

                                        (I) Emerson Fellow

                                                An individual awarded a 
                                            fellowship from the Bill 
                                            Emerson Hunger Fellowship 
                                            shall be known as an 
                                            ``Emerson Fellow''.

[[Page 643]]

                                        (II) Leland Fellow

                                                An individual awarded a 
                                            fellowship from the Mickey 
                                            Leland Hunger Fellowship 
                                            shall be known as a ``Leland 
                                            Fellow''.

                (4) Evaluation
                            The program shall conduct periodic 
                        evaluations of the Bill Emerson and Mickey 
                        Leland Hunger Fellowships. Such evaluations 
                        shall include the following:

                                (A) An assessment of the successful 
                            completion of the work plan of the fellow.

                                (B) An assessment of the impact of the 
                            fellowship on the fellows.

                                (C) An assessment of the accomplishment 
                            of the purposes of the program.

                                (D) An assessment of the impact of the 
                            fellow on the community.

            (e) Trust Fund
                (1) Establishment
                            There is established the Congressional 
                        Hunger Fellows Trust Fund (hereinafter in this 
                        section referred to as the ``Fund'') in the 
                        Treasury of the United States, consisting of 
                        amounts appropriated to the Fund under 
                        subsection (i), amounts credited to it under 
                        paragraph (3), and amounts received under 
                        subsection (g)(3)(A) of this section.
                (2) Investment of funds
                            The Secretary of the Treasury shall invest 
                        the full amount of the Fund. Each investment 
                        shall be made in an interest bearing obligation 
                        of the United States or an obligation guaranteed 
                        as to principal and interest by the United 
                        States that, as determined by the Secretary in 
                        consultation with the Board, has a maturity 
                        suitable for the Fund.
                (3) Return on investment
                            Except as provided in subsection (f)(2) of 
                        this section, the Secretary of the Treasury 
                        shall credit to the Fund the interest on, and 
                        the proceeds from the sale or redemption of, 
                        obligations held in the Fund.
            (f) Expenditures; audits
                (1) In general
                            The Secretary of the Treasury shall transfer 
                        to the program from the amounts described in 
                        subsection (e)(3) of this section and subsection 
                        (g)(3)(A) of this section such sums as the Board 
                        determines are necessary to enable the program 
                        to carry out the provisions of this section.
                (2) Limitation
                            The Secretary may not transfer to the 
                        program the amounts appropriated to the Fund 
                        under subsection (i) of this section.
                (3) Use of funds
                            Funds transferred to the program under 
                        paragraph (1) shall be used for the following 
                        purposes:

                                (A) Stipends for fellows

                                        To provide for a living 
                                    allowance for the fellows.

                                (B) Travel of fellows

[[Page 644]]

                                        To defray the costs of 
                                    transportation of the fellows to the 
                                    fellowship placement sites.

                                (C) Insurance

                                        To defray the costs of 
                                    appropriate insurance of the 
                                    fellows, the program, and the Board.

                                (D) Training of fellows

                                        To defray the costs of 
                                    preservice and midservice education 
                                    and training of fellows.

                                (E) Support staff

                                        Staff described in subsection 
                                    (g) of this section.

                                (F) Awards

                                        End-of-service awards under 
                                    subsection (d)(3)(D)(iii)(II) of 
                                    this section.

                                (G) Additional approved uses

                                        For such other purposes that the 
                                    Board determines appropriate to 
                                    carry out the program.

                (4) Audit by GAO
                            (A) In general

                                The Comptroller General of the United 
                            States may conduct an audit of the accounts 
                            of the program.

                            (B) Books

                                The program shall make available to the 
                            Comptroller General all books, accounts, 
                            financial records (including records of 
                            salaries of the Executive Director and other 
                            personnel), reports, files, and all other 
                            papers, things, or property belonging to or 
                            in use by the program and necessary to 
                            facilitate such audit.

                            (C) Report to Congress

                                The Comptroller General shall submit a 
                            copy of the results of each such audit to 
                            the appropriate congressional committees.

            (g) Staff; powers of program
                (1) Executive Director
                            (A) In general

                                The Board shall appoint an Executive 
                            Director of the program who shall administer 
                            the program. The Executive Director shall 
                            carry out such other functions consistent 
                            with the provisions of this section as the 
                            Board shall prescribe.

                            (B) Restriction

                                The Executive Director may not serve as 
                            Chairperson of the Board.

                            (C) Compensation

                                The Executive Director shall be paid at 
                            a rate not to exceed the rate of basic pay 
                            payable for level V of the Executive 
                            Schedule under section 5316 of Title 5.

                (2) Staff
                            (A) In general

                                With the approval of a majority of the 
                            Board, the Executive Director may appoint 
                            and fix the pay of additional personnel as 
                            the Executive Director considers necessary 
                            and appropriate to carry out the functions 
                            of the provisions of this section.

                            (B) Compensation

                                An individual appointed under 
                            subparagraph (A) shall be paid at a rate not 
                            to exceed the rate of basic pay payable for 
                            level GS-15 of the General Schedule.

[[Page 645]]

                (3) Powers
                            In order to carry out the provisions of this 
                        section, the program may perform the following 
                        functions:

                                (A) Gifts

                                        The program may solicit, accept, 
                                    use, and dispose of gifts, bequests, 
                                    or devises of services or property, 
                                    both real and personal, for the 
                                    purpose of aiding or facilitating 
                                    the work of the program. Gifts, 
                                    bequests, or devises of money and 
                                    proceeds from sales of other 
                                    property received as gifts, 
                                    bequests, or devises shall be 
                                    deposited in the Fund and shall be 
                                    available for disbursement upon 
                                    order of the Board.

                                (B) Experts and consultants

                                        The program may procure 
                                    temporary and intermittent services 
                                    under section 3109 of Title 5, but 
                                    at rates for individuals not to 
                                    exceed the daily equivalent of the 
                                    maximum annual rate of basic pay 
                                    payable for GS-15 of the General 
                                    Schedule.

                                (C) Contract authority

                                        The program may contract, with 
                                    the approval of a majority of the 
                                    members of the Board, with and 
                                    compensate Government and private 
                                    agencies or persons without regard 
                                    to section 5 of Title 41.

                                (D) Other necessary expenditures

                                        The program shall make such 
                                    other expenditures which the program 
                                    considers necessary to carry out the 
                                    provisions of this section, but 
                                    excluding project development.

            (h) Report
                Not later than December 31 of each year, the Board shall 
            submit to the appropriate congressional committees a report 
            on the activities of the program carried out during the 
            previous fiscal year, and shall include the following:
                            (1) An analysis of the evaluations conducted 
                        under subsection (d)(4) of this section 
                        (relating to evaluations of the Emerson and 
                        Leland fellowships and accomplishment of the 
                        program purposes) during that fiscal year.
                            (2) A statement of the total amount of funds 
                        attributable to gifts received by the program in 
                        that fiscal year (as authorized under subsection 
                        (g)(3)(A) of this section), and the total amount 
                        of such funds that were expended to carry out 
                        the program that fiscal year.
            (i) Authorization of appropriations
                There are authorized to be appropriated $18,000,000 to 
            carry out the provisions of this section.
            (j) Definition
                In this section, the term ``appropriate congressional 
            committees'' means--
                            (1) the Committee on Agriculture and the 
                        Committee on International Relations of the 
                        House of Representatives; and
                            (2) the Committee on Agriculture, Nutrition, 
                        and Forestry and the Committee on Foreign 
                        Relations of the Senate. (Pub.L. 107-171, Title 
                        IV, Sec. 4404, May 13, 2002, 116 Stat. 335; 
                        Pub.L. 110-161, Div. H, Title I, Sec. 1502(c), 
                        Dec. 26, 2007, 121 Stat. 2250.)

[[Page 646]]



            
                      Chapter 24.--CONGRESSIONAL ACCOUNTABILITY

            
                               Subchapter I.--General

       750  Sec. 1301. Definitions.
                Except as otherwise specifically provided in this 
            chapter, as used in this chapter:
                            (1) Board

                                The term ``Board'' means the Board of 
                            Directors of the Office of Compliance.

                            (2) Chair

                                The term ``Chair'' means the Chair of 
                            the Board of Directors of the Office of 
                            Compliance.

                            (3) Covered employee

                                The term ``covered employee'' means any 
                            employee of--

                                        (A) the House of 
                                    Representatives;

                                        (B) the Senate;

                                        (C) the Capitol Guide Service;

                                        (D) the Capitol Police;

                                        (E) the Congressional Budget 
                                    Office;

                                        (F) the Office of the Architect 
                                    of the Capitol;

                                        (G) the Office of the Attending 
                                    Physician;

                                        (H) the Office of Compliance; or

                                        (I) the Office of Technology 
                                    Assessment.

                            (4) Employee

                                The term ``employee'' includes an 
                            applicant for employment and a former 
                            employee.

                            (5) Employee of the Office of the Architect 
                        of the Capitol

                                The term ``employee of the Office of the 
                            Architect of the Capitol'' includes any 
                            employee of the Office of the Architect of 
                            the Capitol, the Botanic Garden, or the 
                            Senate Restaurants.

                            (6) Employee of the Capitol Police

                                The term ``employee of the Capitol 
                            Police'' includes any member or officer of 
                            the Capitol Police.

                            (7) Employee of the House of Representatives

                                The term ``employee of the House of 
                            Representatives'' includes an individual 
                            occupying a position the pay for which is 
                            disbursed by the Clerk of the House of 
                            Representatives, or another official 
                            designated by the House of Representatives, 
                            or any employment position in an entity that 
                            is paid with funds derived from the clerk-
                            hire allowance of the House of 
                            Representatives but not any such individual 
                            employed by any entity listed in 
                            subparagraphs (C) through (I) of paragraph 
                            (3).

                            (8) Employee of the Senate

                                The term ``employee of the Senate'' 
                            includes any employee whose pay is disbursed 
                            by the Secretary of the Senate, but not any 
                            such individual employed by any entity 
                            listed in subparagraphs (C) through (1) of 
                            paragraph (3).

                            (9) Employing office

                                The term ``employing office'' means--

                                        (A) the personal office of a 
                                    Member of the House of 
                                    Representatives or of a Senator;

                                        (B) a committee of the House of 
                                    Representatives or the Senate or a 
                                    joint committee;

[[Page 647]]

                                        (C) any other office headed by a 
                                    person with the final authority to 
                                    appoint, hire, discharge, and set 
                                    the terms, conditions, or privileges 
                                    of the employment of an employee of 
                                    the House of Representatives or the 
                                    Senate; or

                                        (D) the Capitol Guide Board, the 
                                    Capitol Police Board, the 
                                    Congressional Budget Office, the 
                                    Office of the Architect of the 
                                    Capitol, the Office of the Attending 
                                    Physician, the Office of Compliance, 
                                    and the Office of Technology 
                                    Assessment.

                            (10) Executive Director

                                The term ``Executive Director'' means 
                            the Executive Director of the Office of 
                            Compliance.

                            (11) General Counsel

                                The term ``General Counsel'' means the 
                            General Counsel of the Office of Compliance.

                            (12) Office

                                The term ``Office'' means the Office of 
                            Compliance. (Pub.L. 104-1, Title I, 
                            Sec. 101, Jan. 23, 1995, 109 Stat. 4.)

       751  Sec. 1302. Application of laws.
            (a) Laws made applicable
                The following laws shall apply, as prescribed by this 
            chapter, to the legislative branch of the Federal 
            Government:
                            (1) The Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.).
                            (2) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.).
                            (3) The Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.)
                            (4) The Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.).
                            (5) The Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.).
                            (6) The Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.).
                            (7) Chapter 71 (relating to Federal service 
                        labor-management relations) of Title 5.
                            (8) The Employee Polygraph Protection Act of 
                        1988 (29 U.S.C. 2001 et seq.).
                            (9) The Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.).
                            (10) The Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.).
                            (11) Chapter 43 (relating to veterans' 
                        employment and reemployment) of Title 38.
            (b) Laws which may be made applicable
                (1) In general
                            The Board shall review provisions of Federal 
                        law (including regulations) relating to (A) the 
                        terms and conditions of employment (including 
                        hiring, promotion, demotion, termination, 
                        salary, wages, overtime compensation, benefits, 
                        work assignments or reassignments, grievance and 
                        disciplinary procedures, protection from 
                        discrimination in personnel actions, 
                        occupational health and safety,

[[Page 648]]

                        and family and medical and other leave) of 
                        employees, and (B) access to public services and 
                        accommodations.
                (2) Board report
                            Beginning on December 31, 1996, and every 2 
                        years thereafter, the Board shall report on (A) 
                        whether or to what degree the provisions 
                        described in paragraph (1) are applicable or 
                        inapplicable to the legislative branch, and (B) 
                        with respect to provisions inapplicable to the 
                        legislative branch, whether such provisions 
                        should be made applicable to the legislative 
                        branch. The presiding officers of the House of 
                        Representatives and the Senate shall cause each 
                        such report to be printed in the Congressional 
                        Record and each such report shall be referred to 
                        the committees of the House of Representatives 
                        and the Senate with jurisdiction.
                (3) Reports of congressional committees
                            Each report accompanying any bill or joint 
                        resolution relating to terms and conditions of 
                        employment or access to public services or 
                        accommodations reported by a committee of the 
                        House of Representatives or the Senate shall--

                                (A) describe the manner in which the 
                            provisions of the bill or joint resolution 
                            apply to the legislative branch; or

                                (B) in the case of a provision not 
                            applicable to the legislative branch, 
                            include a statement of the reasons the 
                            provision does not apply.

                            On the objection of any Member, it shall not 
                        be in order for the Senate or the House of 
                        Representatives to consider any such bill or 
                        joint resolution if the report of the committee 
                        on such bill or joint resolution does not comply 
                        with the provisions of this paragraph. This 
                        paragraph may be waived in either House by 
                        majority vote of that House. (Pub.L. 104-1, 
                        Title I, Sec. 102, Jan. 23, 1995, 109 Stat. 5.)
            
                 Subchapter II.--Extension of Rights and Protections

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

       752  Sec. 1311. Rights and protections under Title VII of the 
                Civil Rights Act of 1964, the Age Discrimination in 
                Employment Act of 1967, the Rehabilitation Act of 1973, 
                and Title I of the Americans With Disabilities Act of 
                1990.
            (a) Discriminatory practices prohibited
                All personnel actions affecting covered employees shall 
            be made free from any discrimination based on--
                            (1) race, color, religion, sex, or national 
                        origin, within the meaning of section 703 of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
                            (2) age, within the meaning of section 15 of 
                        the Age Discrimination in Employment Act of 1967 
                        (29 U.S.C. 633a); or
                            (3) disability, within the meaning of 
                        section 501 of the Rehabilitation Act of 1973 
                        (29 U.S.C. 791) and sections 102 through 104 of 
                        the Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12112-12114).

[[Page 649]]

            (b) Remedy
                (1) Civil rights
                            The remedy for a violation of subsection 
                        (a)(1) of this section shall be--

                                (A) such remedy as would be appropriate 
                            if awarded under section 706(g) of the Civil 
                            Rights Act of 1964 (42 U.S.C. 2000e5(g)); 
                            and

                                (B) such compensatory damages as would 
                            be appropriate if awarded under section 1977 
                            of the Revised Statutes (42 U.S.C. 1981), or 
                            as would be appropriate if awarded under 
                            sections 1977A(a)(1), 1977A(b)(2), and, 
                            irrespective of the size of the employing 
                            office, 1977A(b)(3)(D) of the Revised 
                            Statutes (42 U.S.C. 198la(a)(1), 
                            198la(b)(2), and 198la(b)(3)(D)).

                (2) Age discrimination
                            The remedy for a violation of subsection 
                        (a)(2) of this section shall be--

                                (A) such remedy as would be appropriate 
                            if awarded under section 15(c) of the Age 
                            Discrimination in Employment Act of 1967 (29 
                            U.S.C. 633a(c)); and

                                (B) such liquidated damages as would be 
                            appropriate if awarded under section 7(b) of 
                            such Act (29 U.S.C. 626(b)).

                In addition, the waiver provisions of section 7(f) of 
            such Act (29 U.S.C. 626(f)) shall apply to covered 
            employees.
                (3) Disabilities discrimination

                                The remedy for a violation of subsection 
                            (a)(3) of this section shall be--

                                        (A) such remedy as would be 
                                    appropriate if awarded under section 
                                    505(a)(1) of the Rehabilitation Act 
                                    of 1973 (29 U.S.C. 794a(a)(1) or 
                                    section 107(a) of the Americans with 
                                    Disabilities Act of 1990 (42 U.S.C. 
                                    12117(a)); and

                                        (B) such compensatory damages as 
                                    would be appropriate if awarded 
                                    under sections 1977A(a)(2), 
                                    1977A(a)(3), 1977A(b)(2), and, 
                                    irrespective of the size of the 
                                    employing office, 1977A(b)(3)(D) of 
                                    the Revised Statutes (42 U.S.C. 
                                    1981a(a)(2), 1981a(a)(3), 
                                    1981a(b)(2), and 1981a(b)(3)(D)).

            (c) Omitted
            (d) Effective date
                This section shall take effect 1 year after January 23, 
            1995. (Pub.L. 104-1, Title II, Sec. 201, Jan. 23, 1995, 109 
            Stat. 7.)
       753  Sec. 1312. Rights and protections under the Family and 
                Medical Leave Act of 1993.
            (a) Family and medical leave rights and protections provided
                (1) In general
                            The rights and protections established by 
                        sections 101 through 105 of the Family and 
                        Medical Leave Act of 1993 (29 U.S.C. 2611 
                        through 2615) shall apply to covered employees.
                (2) Definition
                            For purposes of the application described in 
                        paragraph (1)--

                                (A) the term ``employer'' as used in the 
                            Family and Medical Leave Act of 1993 means 
                            any employing office, and

[[Page 650]]

                                (B) the term ``eligible employee'' as 
                            used in the Family and Medical Leave Act of 
                            1993 means a covered employee who has been 
                            employed in any employing office for 12 
                            months and for at least 1,250 hours of 
                            employment during the previous 12 months.

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy, including liquidated damages, 
            as would be appropriate if awarded under paragraph (1) of 
            section 107(a) of the Family and Medical Leave Act of 1993 
            (29 U.S.C. 2617(a)(1)).
            (c) Omitted
            (d) Regulations
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement the 
                        rights and protections under this section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except insofar 
                        as the Board may determine, for good cause shown 
                        and stated together with the regulation that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
            (e) Effective date
                (1) In general
                            Subsections (a) and (b) of this section 
                        shall be effective 1 year after January 23, 
                        1995.
                (2) Government Accountability Office and Library of 
            Congress
                            Subsection (c) of this section shall be 
                        effective 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub.L. 104-1, Title II, Sec. 202, Jan. 
                        23, 1995, 109 Stat. 9; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       754  Sec. 1313. Rights and protections under the Fair Labor 
                Standards Act of 1938.
            (a) Fair labor standards
                (1) In general
                            The rights and protections established by 
                        subsections (a)(1) and (d) of section 6, section 
                        7, and section 12(c) of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 206(a)(1) and (d), 207, 
                        212(c)) shall apply to covered employees.
                (2) Interns
                            For the purposes of this section, the term 
                        ``covered employee'' does not include an intern 
                        as defined in regulations under subsection (c) 
                        of this section.
                (3) Compensatory time
                            Except as provided in regulations under 
                        subsection (c)(3) of this section and subsection 
                        (c)(4) of this section, covered employees may 
                        not receive compensatory time in lieu of 
                        overtime compensation.

[[Page 651]]

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy, including liquidated damages, 
            as would be appropriate if awarded under section 16(b) of 
            the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            Except as provided in paragraph (3), the 
                        regulations issued under paragraph (1) shall be 
                        the same substantive regulations promulgated by 
                        the Secretary of Labor to implement the 
                        statutory provisions referred to in subsection 
                        (a) of this section except insofar as the Board 
                        may determine, for good cause shown and stated 
                        together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
                (3) Irregular work schedules
                            The Board shall issue regulations for 
                        covered employees whose work schedules directly 
                        depend on the schedule of the House of 
                        Representatives or the Senate that shall be 
                        comparable to the provisions in the Fair Labor 
                        Standards Act of 1938 that apply to employees 
                        who have irregular work schedules.
                (4) Law enforcement
                            Law enforcement personnel of the Capitol 
                        Police who are subject to the exemption under 
                        section 7(k) of the Fair Labor Standards Act of 
                        1938 (29 U.S.C. 207(k)) may elect to receive 
                        compensatory time off in lieu of overtime 
                        compensation for hours worked in excess of the 
                        maximum for their work period.
            (d) Omitted. (Codified at 29 U.S.C. 203)
            (e) Effective date
                Subsections (a) and (b) of this section shall be 
            effective 1 year after January 23, 1995. (Pub.L. 104-1, 
            Title II, Sec. 203, Jan. 23, 1995, 109 Stat. 10; Pub.L. 104-
            197, Title III, Sec. 312, Sept. 16, 1996, 110 Stat. 2415.)
       755  Sec. 1314. Rights and protections under the Employee 
                Polygraph Protection Act of 1988.
            (a) Polygraph practices prohibited
                (1) In general
                            No employing office, irrespective of whether 
                        a covered employee works in that employing 
                        office, may require a covered employee to take a 
                        lie detector test where such a test would be 
                        prohibited if required by an employer under 
                        paragraph (1), (2), or (3) of section 3 of the 
                        Employee Polygraph Protection Act of 1988 (29 
                        U.S.C. 2002 (1), (2), or (3)). In addition, the 
                        waiver provisions of section 6(d) of such Act 
                        (29 U.S.C. 2005(d)) shall apply to covered 
                        employees.
                (2) Definitions
                            For purposes of this section, the term 
                        ``covered employee'' shall include employees of 
                        the Government Accountability Office and the

[[Page 652]]

                        Library of Congress and the term ``employing 
                        office'' shall include the Government 
                        Accountability Office and the Library of 
                        Congress.
                (3) Capitol Police
                            Nothing in this section shall preclude the 
                        Capitol Police from using lie detector tests in 
                        accordance with regulations under subsection (c) 
                        of this section.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under section 6(c)(l) of the Employee Polygraph 
            Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsections (a) and (b) of this section 
                        except insofar as the Board may determine, for 
                        good cause shown and stated together with the 
                        regulation, that a modification of such 
                        regulations would be more effective for the 
                        implementation of the rights and protections 
                        under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) Government Accountability Office and Library of 
            Congress
                            This section shall be effective with respect 
                        to the Government Accountability Office and the 
                        Library of Congress 1 year after transmission to 
                        the Congress of the study under section 1371 of 
                        this title. (Pub.L. 104-1, Title II, Sec. 204, 
                        Jan. 23, 1995, 109 Stat. 10; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       756  Sec. 1315. Rights and protections under the Worker 
                Adjustment and Retraining Notification Act.
            (a) Worker adjustment and retraining notification rights
                (1) In general
                            No employing office shall be closed or a 
                        mass layoff ordered within the meaning of 
                        section 3 of the Worker Adjustment and 
                        Retraining Notification Act (29 U.S.C. 2102) 
                        until the end of a 60-day period after the 
                        employing office serves written notice of such 
                        prospective closing or layoff to representatives 
                        of covered employees or, if there are no 
                        representatives, to covered employees.
                (2) Definitions
                            For purposes of this section, the term 
                        ``covered employee'' shall include employees of 
                        the Government Accountability Office and the 
                        Library of Congress and the term ``employing 
                        office'' shall include the Government 
                        Accountability Office and the Library of 
                        Congress.

[[Page 653]]

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under paragraphs (1), (2), and (4) of section 5(a) 
            of the Worker Adjustment and Retraining Notification Act (29 
            U.S.C. 2104(a) (1), (2), and (4)).
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except insofar 
                        as the Board may determine, for good cause shown 
                        and stated together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) Government Accountability Office and Library of 
            Congress
                            This section shall be effective with respect 
                        to the Government Accountability Office and the 
                        Library of Congress 1 year after transmission to 
                        the Congress of the study under section 1371 of 
                        this title. (Pub.L. 104-1, Title II, Sec. 205, 
                        Jan. 23, 1995, 109 Stat. 11; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       757  Sec. 1316. Rights and protections relating to veterans' 
                employment and reemployment.
            (a) Employment and reemployment rights of members of the 
                uniformed services
                (1) In general
                            It shall be unlawful for an employing office 
                        to--

                                (A) discriminate, within the meaning of 
                            subsections (a) and (b) of section 4311 of 
                            Title 38, against an eligible employee;

                                (B) deny to an eligible employee 
                            reemployment rights within the meaning of 
                            sections 4312 and 4313 of Title 38; or

                                (C) deny to an eligible employee 
                            benefits within the meaning of sections 
                            4316, 4317, and 4318 of Title 38.

                (2) Definitions
                            For purposes of this section--

                                (A) the term ``eligible employee'' means 
                            a covered employee performing service in the 
                            uniformed services, within the meaning of 
                            section 4303(13) of Title 38, whose service 
                            has not been terminated upon occurrence of 
                            any of the events enumerated in section 4304 
                            of Title 38,

                                (B) the term ``covered employee'' 
                            includes employees of the Government 
                            Accountability Office and the Library of 
                            Congress, and--

[[Page 654]]

                                (C) the term ``employing office'' 
                            includes the Government Accountability 
                            Office and the Library of Congress.

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy as would be appropriate if 
            awarded under paragraphs (1), (2)(A), and (3) of section 
            4323(c) of Title 38.
            (c) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except to the 
                        extent that the Board may determine, for good 
                        cause shown and stated together with the 
                        regulation, that a modification of such 
                        regulations would be more effective for the 
                        implementation of the rights and protections 
                        under this section.
            (d) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective 1 year after January 23, 1995.
                (2) Government Accountability Office and Library of 
            Congress
                            This section shall be effective with respect 
                        to the Government Accountability Office and the 
                        Library of Congress 1 year after transmission to 
                        the Congress of the study under section 1371 of 
                        this title. (Pub.L. 104-1, Title II, Sec. 206, 
                        Jan. 23, 1995, 109 Stat. 12; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       758  Sec. 1316a. Legislative branch appointments.
            (1) Definitions
                For the purpose of this section, the terms ``covered 
            employee'' and ``Board'' shall each have the meaning given 
            such term by section 101 of the Congressional Accountability 
            Act of 1995 (2 U.S.C. 1301).
            (2) Rights and protections
                The rights and protections established under section 
            2108, sections 3309 through 3312, and subchapter I of 
            chapter 35 [5 U.S.C.A. Sec. 3501 et seq.], of Title 5 shall 
            apply to covered employees.
            (3) Remedies
                (A) In general
                            The remedy for a violation of paragraph (2) 
                        shall be such remedy as would be appropriate if 
                        awarded under applicable provisions of Title 5, 
                        in the case of a violation of the relevant 
                        corresponding provision (referred to in 
                        paragraph (2)) of such title.
                (B) Procedure
                            The procedure for consideration of alleged 
                        violations of paragraph (2) shall be the same as 
                        apply under section 1401 of this title (and the 
                        provisions of law referred to therein) in the 
                        case of an alleged violation of part A of 
                        subchapter II of this chapter.

[[Page 655]]

            (4) Regulations to implement section
                (A) In general
                            The Board shall, pursuant to section 304 of 
                        the Congressional Accountability Act of 1995 (2 
                        U.S.C. 1384), issue regulations to implement 
                        this section.
                (B) Agency regulations
                            The regulations issued under subparagraph 
                        (A) shall be the same as the most relevant 
                        substantive regulations (applicable with respect 
                        to the executive branch) promulgated to 
                        implement the statutory provisions referred to 
                        in paragraph (2) except insofar as the Board may 
                        determine, for good cause shown and stated 
                        together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of rights and 
                        protections under this section.
                (C) Coordination
                            The regulations issued under subparagraph 
                        (A) shall be consistent with section 225 of the 
                        Congressional Accountability Act of 1995 (2 
                        U.S.C. 1361).
            (5) Applicability
                Notwithstanding any other provision of this section, the 
            term ``covered employee'' shall not, for purposes of this 
            section, include an employee--
                            (A) whose appointment is made by the 
                        President with the advice and consent of the 
                        Senate;
                            (B) whose appointment is made by a Member of 
                        Congress or by a committee or subcommittee of 
                        either House of Congress; or
                            (C) who is appointed to a position, the 
                        duties of which are equivalent to those of a 
                        Senior Executive Service position (within the 
                        meaning of section 3132(a)(2) of Title 5).
            (6) Effective date
                Paragraphs (2) and (3) shall be effective as of the 
            effective date of regulations under paragraph (4). (Pub.L. 
            105-339, Sec. 4(c), Oct. 31, 1998, 112 Stat. 3185.)
       759  Sec. 1317. Prohibition of intimidation or reprisal.
            (a) In general
                It shall be unlawful for an employing office to 
            intimidate, take reprisal against, or otherwise discriminate 
            against, any covered employee because the covered employee 
            has opposed any practice made unlawful by this chapter, or 
            because the covered employee has initiated proceedings, made 
            a charge, or testified, assisted, or participated in any 
            manner in a hearing or other proceeding under this chapter.
            (b) Remedy
                The remedy available for a violation of subsection (a) 
            of this section shall be such legal or equitable remedy as 
            may be appropriate to redress a violation of subsection (a) 
            of this section. (Pub.L. 104-1, Title II, Sec. 207, Jan. 23, 
            1995, 109 Stat. 13.)

[[Page 656]]



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

       760  Sec. 1331. Rights and protections under the Americans With 
                Disabilities Act of 1990 relating to public services and 
                accommodations; procedures for remedy of violations.
            (a) Entities subject to this section
                The requirements of this section shall apply to--
                            (1) each office of the Senate, including 
                        each office of a Senator and each committee;
                            (2) each office of the House of 
                        Representatives, including each office of a 
                        Member of the House of Representatives and each 
                        committee;
                            (3) each joint committee of the Congress;
                            (4) the Capitol Guide Service;
                            (5) the Capitol Police;
                            (6) the Congressional Budget Office;
                            (7) the Office of the Architect of the 
                        Capitol (including the Senate Restaurants and 
                        the Botanic Garden);
                            (8) the Office of the Attending Physician;
                            (9) the Office of Compliance; and
                            (10) the Office of Technology Assessment.
            (b) Discrimination in public services and accommodations
                (1) Rights and protections
                            The rights and protections against 
                        discrimination in the provision of public 
                        services and accommodations established by 
                        sections 201 through 230, 302, 303, and 309 of 
                        the Americans With Disabilities Act of 1990 (42 
                        U.S.C. 12131-12150, 12182, 12183, and 12189) 
                        shall apply to the entities listed in subsection 
                        (a) of this section.
                (2) Definitions
                            For purposes of the application of Title II 
                        of the Americans With Disabilities Act of 1990 
                        (42 U.S.C. 12131 et seq.) under this section, 
                        the term ``public entity'' means any entity 
                        listed in subsection (a) of this section that 
                        provides public services, programs, or 
                        activities.
            (c) Remedy
                            The remedy for a violation of subsection (b) 
                        of this section shall be such remedy as would be 
                        appropriate if awarded under section 203 or 
                        308(a) of the Americans With Disabilities Act of 
                        1990 (42 U.S.C. 12133, 12188(a)), except that, 
                        with respect to any claim of employment 
                        discrimination asserted by any covered employee, 
                        the exclusive remedy shall be under section 1311 
                        of this title.
            (d) Available procedures
                (1) Charge filed with General Counsel
                            A qualified individual with a disability, as 
                        defined in section 201(2) of the Americans With 
                        Disabilities Act of 1990 (42 U.S.C. 12131(2)), 
                        who alleges a violation of subsection (b) of 
                        this section by an entity listed in subsection 
                        (a) of this section, may file a charge against 
                        any entity responsible for correcting the 
                        violation with the General Counsel within 180 
                        days of the occurrence of the alleged violation. 
                        The General Counsel shall investigate the 
                        charge.

[[Page 657]]

                (2) Mediation
                            If, upon investigation under paragraph (1), 
                        the General Counsel believes that a violation of 
                        subsection (b) of this section may have occurred 
                        and that mediation may be helpful in resolving 
                        the dispute, the General Counsel may request, 
                        but not participate in, mediation under 
                        subsections (b) through (d) of section 1403 of 
                        this title between the charging individual and 
                        any entity responsible for correcting the 
                        alleged violation.
                (3) Complaint, hearing, Board review
                            If mediation under paragraph (2) has not 
                        succeeded in resolving the dispute, and if the 
                        General Counsel believes that a violation of 
                        subsection (b) of this section may have 
                        occurred, the General Counsel may file with the 
                        Office a complaint against any entity 
                        responsible for correcting the violation. The 
                        complaint shall be submitted to a hearing 
                        officer for decision pursuant to subsections (b) 
                        through (h) of section 1405 of this title and 
                        any person who has filed a charge under 
                        paragraph (1) may intervene as of right, with 
                        the full rights of a party. The decision of the 
                        hearing officer shall be subject to review by 
                        the Board pursuant to section 1406 of this 
                        title.
                (4) Judicial review
                            A charging individual who has intervened 
                        under paragraph (3) or any respondent to the 
                        complaint, if aggrieved by a final decision of 
                        the Board under paragraph (3), may file a 
                        petition for review in the United States Court 
                        of Appeals for the Federal Circuit, pursuant to 
                        section 1407 of this title.
                (5) Compliance date
                            If new appropriated funds are necessary to 
                        comply with an order requiring correction of a 
                        violation of subsection (b) of this section, 
                        compliance shall take place as soon as possible, 
                        but no later than the fiscal year following the 
                        end of the fiscal year in which the order 
                        requiring correction becomes final and not 
                        subject to further review.
            (e) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Attorney General and the 
                        Secretary of Transportation to implement the 
                        statutory provisions referred to in subsection 
                        (b) of this section except to the extent that 
                        the Board may determine, for good cause shown 
                        and stated together with the regulation, that a 
                        modification of such regulations would be more 
                        effective for the implementation of the rights 
                        and protections under this section.
                (3) Entity responsible for correction
                            The regulations issued under paragraph (1) 
                        shall include a method of identifying, for 
                        purposes of this section and for categories of 
                        violations of subsection (b) of this section, 
                        the entity responsible for correction of a 
                        particular violation.

[[Page 658]]

            (f) Periodic inspections; report to Congress; initial study
                (1) Periodic inspections
                            On a regular basis, and at least once each 
                        Congress, the General Counsel shall inspect the 
                        facilities of the entities listed in subsection 
                        (a) of this section to ensure compliance with 
                        subsection (b) of this section.
                (2) Report
                            On the basis of each periodic inspection, 
                        the General Counsel shall, at least once every 
                        Congress, prepare and submit a report--

                                (A) to the Speaker of the House of 
                            Representatives, the President pro tempore 
                            of the Senate, and the Office of the 
                            Architect of the Capitol, or other entity 
                            responsible, for correcting the violation of 
                            this section uncovered by such inspection, 
                            and

                                (B) containing the results of the 
                            periodic inspection, describing any steps 
                            necessary to correct any violation of this 
                            section, assessing any limitations in 
                            accessibility to and usability by 
                            individuals with disabilities associated 
                            with each violation, and the estimated cost 
                            and time needed for abatement.

                (3) Initial period for study and corrective action
                            The period from January 23, 1995 until 
                        December 31, 1996, shall be available to the 
                        Office of the Architect of the Capitol and other 
                        entities subject to this section to identify any 
                        violations of subsection (b) of this section, to 
                        determine the costs of compliance, and to take 
                        any necessary corrective action to abate any 
                        violations. The Office shall assist the Office 
                        of the Architect of the Capitol and other 
                        entities listed in subsection (a) of this 
                        section by arranging for inspections and other 
                        technical assistance at their request. Prior to 
                        July 1, 1996, the General Counsel shall conduct 
                        a thorough inspection under paragraph (1) and 
                        shall submit the report under paragraph (2) for 
                        the One Hundred Fourth Congress.
                (4) Detailed personnel
                            The Attorney General, the Secretary of 
                        Transportation, and the Architectural and 
                        Transportation Barriers Compliance Board may, on 
                        request of the Executive Director, detail to the 
                        Office such personnel as may be necessary to 
                        advise and assist the Office in carrying out its 
                        duties under this section.
            (g) Omitted. (Codified at 42 U.S.C. 12209)
            (h) Effective date
                (1) In general
                            Subsections (b), (c), and (d) of this 
                        section shall be effective on January 1, 1997.
                (2) Government Accountability Office, Government 
            Printing Office, and Library of Congress
                            Subsection (g) of this section shall be 
                        effective 1 year after transmission to the 
                        Congress of the study under section 1371 of this 
                        title. (Pub.L. 104-1, Title II, Sec. 210, Jan. 
                        23, 1995, 109 Stat. 13; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)

[[Page 659]]



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

       761  Sec. 1341. Rights and protections under the Occupational 
                Safety and Health Act of 1970; procedures for remedy of 
                violations.
            (a) Occupational safety and health protections
                (1) In general
                            Each employing office and each covered 
                        employee shall comply with the provisions of 
                        section 5 of the Occupational Safety and Health 
                        Act of 1970 (29 U.S.C. 654).
                (2) Definitions
                            For purposes of the application under this 
                        section of chapter 15 of Title 29--

                                (A) the term ``employer'' as used in 
                            such chapter means an employing office;

                                (B) the term ``employee'' as used in 
                            such chapter means a covered employee;

                                (C) the term ``employing office'' 
                            includes the Government Accountability 
                            Office, the Library of Congress, and any 
                            entity listed in subsection (a) of section 
                            1331 of this title that is responsible for 
                            correcting a violation of this section, 
                            irrespective of whether the entity has an 
                            employment relationship with any covered 
                            employee in any employing office in which 
                            such a violation occurs; and

                                (D) the term ``employee'' includes 
                            employees of the Government Accountability 
                            Office and the Library of Congress.

            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be an order to correct the violation, 
            including such order as would be appropriate if issued under 
            section 13(a) of the Occupational Safety and Health Act of 
            1970 (29 U.S.C. 662(a)).
            (c) Procedures
                (1) Requests for inspections
                            Upon written request of any employing office 
                        or covered employee, the General Counsel shall 
                        exercise the authorities granted to the 
                        Secretary of Labor by subsections (a), (d), (e), 
                        and (f) of section 8 of the Occupational Safety 
                        and Health Act of 1970 (29 U.S.C. 657 (a), (d), 
                        (e), and (f) to inspect and investigate places 
                        of employment under the jurisdiction of 
                        employing offices.
                (2) Citations, notices, and notifications
                            For purposes of this section, the General 
                        Counsel shall exercise the authorities granted 
                        to the Secretary of Labor in sections 9 and 10 
                        of the Occupational Safety and Health Act of 
                        1970 (29 U.S.C. 658 and 659), to issue--

                                (A) a citation or notice to any 
                            employing office responsible for correcting 
                            a violation of subsection (a) of this 
                            section; or

                                (B) a notification to any employing 
                            office that the General Counsel believes has 
                            failed to correct a violation for which a 
                            citation has been issued within the period 
                            permitted for its correction.

                (3) Hearings and review
                            If after issuing a citation or notification, 
                        the General Counsel determines that a violation 
                        has not been corrected, the General

[[Page 660]]

                        Counsel may file a complaint with the Office 
                        against the employing office named in the 
                        citation or notification. The complaint shall be 
                        submitted to a hearing officer for decision 
                        pursuant to subsections (b) through (h) of 
                        section 1405 of this title, subject to review by 
                        the Board pursuant to section 1406 of this 
                        title.
                (4) Variance procedures
                            An employing office may request from the 
                        Board an order granting a variance from a 
                        standard made applicable by this section. For 
                        the purposes of this section, the Board shall 
                        exercise the authorities granted to the 
                        Secretary of Labor in sections 6(b)(6) and 6(d) 
                        of the Occupational Safety and Health Act of 
                        1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on 
                        any employing office's request for a variance. 
                        The Board shall refer the matter to a hearing 
                        officer pursuant to subsections (b) through (h) 
                        of section 1405 of this title, subject to review 
                        by the Board pursuant to section 1406 of this 
                        title.
                (5) Judicial review
                            The General Counsel or employing office 
                        aggrieved by a final decision of the Board under 
                        paragraph (3) or (4), may file a petition for 
                        review with the United States Court of Appeals 
                        for the Federal Circuit pursuant to section 1407 
                        of this title.
                (6) Compliance date
                            If new appropriated funds are necessary to 
                        correct a violation of subsection (a) of this 
                        section for which a citation is issued, or to 
                        comply with an order requiring correction of 
                        such a violation, correction or compliance shall 
                        take place as soon as possible, but not later 
                        than the end of the fiscal year following the 
                        fiscal year in which the citation is issued or 
                        the order requiring correction becomes final and 
                        not subject to further review.
            (d) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1384 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            The regulations issued under paragraph (1) 
                        shall be the same as substantive regulations 
                        promulgated by the Secretary of Labor to 
                        implement the statutory provisions referred to 
                        in subsection (a) of this section except to the 
                        extent that the Board may determine, for good 
                        cause shown and stated together with the 
                        regulation, that a modification of such 
                        regulations would be more effective for the 
                        implementation of the rights and protections 
                        under this section.
                (3) Employing office responsible for correction
                            The regulations issued under paragraph (1) 
                        shall include a method of identifying, for 
                        purposes of this section and for different 
                        categories of violations of subsection (a), the 
                        employing office responsible for correction of a 
                        particular violation.
            (e) Periodic inspections; report to Congress
                (1) Periodic inspections
                            On a regular basis, and at least once each 
                        Congress, the General Counsel, exercising the 
                        same authorities of the Secretary of Labor as 
                        under subsection (c)(1) of this section, shall 
                        conduct periodic inspections of all facilities 
                        of the House of Representatives, the Senate, the 
                        Capitol Guide Service, the Capitol Police, the 
                        Congressional

[[Page 661]]

                        Budget Office, the Office of the Architect of 
                        the Capitol, the Office of the Attending 
                        Physician, the Office of Compliance, the Office 
                        of Technology Assessment, the Library of 
                        Congress, and the Government Accountability 
                        Office to report on compliance with subsection 
                        (a) of this section.
                (2) Report
                            On the basis of each periodic inspection, 
                        the General Counsel shall prepare and submit a 
                        report--

                                (A) to the Speaker of the House of 
                            Representatives, the President pro tempore 
                            of the Senate, and the Office of the 
                            Architect of the Capitol or other employing 
                            office responsible for correcting the 
                            violation of this section uncovered by such 
                            inspection, and

                                (B) containing the results of the 
                            periodic inspection, identifying the 
                            employing office responsible for correcting 
                            the violation of this section uncovered by 
                            such inspection, describing any steps 
                            necessary to correct any violation of this 
                            section, and assessing any risks to employee 
                            health and safety associated with any 
                            violation.

                (3) Action after report
                            If a report identifies any violation of this 
                        section, the General Counsel shall issue a 
                        citation or notice in accordance with subsection 
                        (c)(2)(A) of this section.
                (4) Detailed personnel
                            The Secretary of Labor may, on request of 
                        the Executive Director, detail to the Office 
                        such personnel as may be necessary to advise and 
                        assist the Office in carrying out its duties 
                        under this section.
            (f) Initial period for study and corrective action
                The period from January 23, 1995 until December 31, 
            1996, shall be available to the Office of the Architect of 
            the Capitol and other employing offices to identify any 
            violations of subsection (a) of this section, to determine 
            the costs of compliance, and to take any necessary 
            corrective action to abate any violations. The Office shall 
            assist the Office of the Architect of the Capitol and other 
            employing offices by arranging for inspections and other 
            technical assistance at their request. Prior to July 1, 
            1996, the General Counsel shall conduct a thorough 
            inspection under subsection (e)(1) of this section and shall 
            submit the report under subsection (e)(2) of this section 
            for the One Hundred Fourth Congress.
            (g) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a), (b), (c), and (e)(3) of this 
                        section shall be effective on January 1, 1997.
                (2) Government Accountability Office and Library of 
            Congress
                            This section shall be effective with respect 
                        to the Government Accountability Office and the 
                        Library of Congress 1 year after transmission to 
                        the Congress of the study under section 1371 of 
                        this title. (Pub.L. 104-1, Title II, Sec. 215, 
                        Jan. 23, 1995, 109 Stat. 16; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)

[[Page 662]]



            
                         Part D.--Labor-Management Relations

       762  Sec. 1351. Application of chapter 71 of Title 5, relating to 
                Federal service labor-management relations; procedures 
                for remedy of violations.
            (a) Labor-management rights
                (1) In general
                            The rights, protections, and 
                        responsibilities established under sections 
                        7102, 7106, 7111 through 7117, 7119 through 
                        7122, and 7131 of Title 5, shall apply to 
                        employing offices and to covered employees and 
                        representatives of those employees.
                (2) Definition
                            For purposes of the application under this 
                        section of the sections referred to in paragraph 
                        (1), the term ``agency'' shall be deemed to 
                        include an employing office.
            (b) Remedy
                The remedy for a violation of subsection (a) of this 
            section shall be such remedy, including a remedy under 
            section 7118(a)(7) of Title 5, as would be appropriate if 
            awarded by the Federal Labor Relations Authority to remedy a 
            violation of any provision made applicable by subsection (a) 
            of this section.
            (c) Authorities and procedures for implementation and 
                enforcement
                (1) General authorities of the Board; petitions
                            For purposes of this section and except as 
                        otherwise provided in this section, the Board 
                        shall exercise the authorities of the Federal 
                        Labor Relations Authority under sections 7105, 
                        7111, 7112, 7113, 7115, 7117, 7118, and 7122 of 
                        Title 5, and of the President under section 
                        7103(b) of Title 5. For purposes of this 
                        section, any petition or other submission that, 
                        under chapter 71 of Title 5, would be submitted 
                        to the Federal Labor Relations Authority shall, 
                        if brought under this section, be submitted to 
                        the Board. The Board shall refer any matter 
                        under this paragraph to a hearing officer for 
                        decision pursuant to subsections (b) through (h) 
                        of section 1405 of this title, subject to review 
                        by the Board pursuant to section 1406 of this 
                        title. The Board may direct that the General 
                        Counsel carry out the Board's investigative 
                        authorities under this paragraph.
                (2) General authorities of the General Counsel; charges 
            of unfair labor practice
                            For purposes of this section and except as 
                        otherwise provided in this section, the General 
                        Counsel shall exercise the authorities of the 
                        General Counsel of the Federal Labor Relations 
                        Authority under sections 7104 and 7118 of Title 
                        5. For purposes of this section, any charge or 
                        other submission that, under chapter 71 of Title 
                        5, would be submitted to the General Counsel of 
                        the Federal Labor Relations Authority shall, if 
                        brought under this section, be submitted to the 
                        General Counsel. If any person charges an 
                        employing office or a labor organization with 
                        having engaged in or engaging in an unfair 
                        practice and makes such charge within 180 days 
                        of the occurrence of the alleged unfair labor 
                        practice, the General Counsel shall investigate 
                        the charge and may file a complaint with the 
                        Office. The complaint shall be submitted to a 
                        hearing officer for decision

[[Page 663]]

                        pursuant to subsections (b) through (h) of 
                        section 1405 of this title, subject to review by 
                        the Board pursuant to section 1406 of this 
                        title.
                (3) Judicial review
                            Except for matters referred to in paragraphs 
                        (1) and (2) of section 7123(a) of Title 5, the 
                        General Counsel or the respondent to the 
                        complaint, if aggrieved by a final decision of 
                        the Board under paragraph (1) or (2) of this 
                        subsection, may file a petition for judicial 
                        review in the United States Court of Appeals for 
                        the Federal Circuit pursuant to section 1407 of 
                        this title.
                (4) Exercise of impasses panel authority; requests
                            For purposes of this section and except as 
                        otherwise provided in this section, the Board 
                        shall exercise the authorities of the Federal 
                        Service Impasses Panel under section 7119 of 
                        Title 5. For purposes of this section, any 
                        request that, under chapter 71 of Title 5, would 
                        be presented to the Federal Service Impasses 
                        Panel shall, if made under this section, be 
                        presented to the Board. At the request of the 
                        Board, the Executive Director shall appoint a 
                        mediator or mediators to perform the functions 
                        of the Federal Service Impasses Panel under 
                        section 7119 of Title 5.
            (d) Regulations to implement section
                (1) In general
                            The Board shall, pursuant to section 1348 of 
                        this title, issue regulations to implement this 
                        section.
                (2) Agency regulations
                            Except as provided in subsection (e) of this 
                        section, the regulations issued under paragraph 
                        (1) shall be the same as substantive regulations 
                        promulgated by the Federal Labor Relations 
                        Authority to implement the statutory provisions 
                        referred to in subsection (a) of this section 
                        except--

                                (A) to the extent that the Board may 
                            determine, for good cause shown and stated 
                            together with the regulation, that a 
                            modification of such regulations would be 
                            more effective for the implementation of the 
                            rights and protections under this section; 
                            or

                                (B) as the Board deems necessary to 
                            avoid a conflict of interest or appearance 
                            of a conflict of interest.

            (e) Specific regulations regarding application to certain 
                offices of Congress
                (1) Regulations required
                            The Board shall issue regulations pursuant 
                        to section 1384 of this title on the manner and 
                        extent to which the requirements and exemptions 
                        of chapter 71 of Title 5, should apply to 
                        covered employees who are employed in the 
                        offices listed in paragraph (2). The regulations 
                        shall, to the greatest extent practicable, be 
                        consistent with the provisions and purposes of 
                        chapter 71 of Title 5, and of this chapter, and 
                        shall be the same as substantive regulations 
                        issued by the Federal Labor Relations Authority 
                        under such chapter, except--

                                (A) to the extent that the Board may 
                            determine, for good cause shown and stated 
                            together with the regulation, that a 
                            modification of such regulations would be 
                            more effective for

[[Page 664]]

                            the implementation of the rights and 
                            protections under this section; and

                                (B) that the Board shall exclude from 
                            coverage under this section any covered 
                            employees who are employed in offices listed 
                            in paragraph (2) if the Board determines 
                            that such exclusion is required because of--

                                        (i) a conflict of interest or 
                                    appearance of a conflict of 
                                    interest; or

                                        (ii) Congress' constitutional 
                                    responsibilities.

                (2) Offices referred to
                            The offices referred to in paragraph (1) 
                        include--

                                (A) the personal office of any Member of 
                            the House of Representatives or of any 
                            Senator;

                                (B) a standing, select, special, 
                            permanent, temporary, or other committee of 
                            the Senate or House of Representatives, or a 
                            joint committee of Congress;

                                (C) the Office of the Vice President (as 
                            President of the Senate), the Office of the 
                            President pro tempore of the Senate, the 
                            Office of the Majority Leader of the Senate, 
                            the Office of the Minority Leader of the 
                            Senate, the Office of the Majority Whip of 
                            the Senate, the Office of the Minority Whip 
                            of the Senate, the Conference of the 
                            Majority of the Senate, the Conference of 
                            the Minority of the Senate, the Office of 
                            the Secretary of the Conference of the 
                            Majority of the Senate, the Office of the 
                            Secretary of the Conference of the Minority 
                            of the Senate, the Office of the Secretary 
                            for the Majority of the Senate, the Office 
                            of the Secretary for the Minority of the 
                            Senate, the Majority Policy Committee of the 
                            Senate, the Minority Policy Committee of the 
                            Senate, and the following offices within the 
                            Office of the Secretary of the Senate: 
                            Offices of the Parliamentarian, Bill Clerk, 
                            Legislative Clerk, Journal Clerk, Executive 
                            Clerk, Enrolling Clerk, Official Reporters 
                            of Debate, Daily Digest, Printing Services, 
                            Captioning Services, and Senate Chief 
                            Counsel for Employment;

                                (D) the Office of the Speaker of the 
                            House of Representatives, the Office of the 
                            Majority Leader of the House of 
                            Representatives, the Office of the Minority 
                            Leader of the House of Representatives, the 
                            Offices of the Chief Deputy Majority Whips, 
                            the Offices of the Chief Deputy Minority 
                            Whips and the following offices within the 
                            Office of the Clerk of the House of 
                            Representatives: Offices of Legislative 
                            Operations, Official Reporters of Debate, 
                            Official Reporters to Committees, Printing 
                            Services, and Legislative Information;

                                (E) the Office of the Legislative 
                            Counsel of the Senate, the Office of the 
                            Senate Legal Counsel, the Office of the 
                            Legislative Counsel of the House of 
                            Representatives, the Office of the General 
                            Counsel of the House of Representatives, the 
                            Office of the Parliamentarian of the House 
                            of Representatives, and the Office of the 
                            Law Revision Counsel;

                                (F) the offices of any caucus or party 
                            organization;

                                (G) the Congressional Budget Office, the 
                            Office of Technology Assessment, and the 
                            Office of Compliance; and

                                (H) such other offices that perform 
                            comparable functions which are identified 
                            under regulations of the Board.

[[Page 665]]

            (f) Effective date
                (1) In general
                            Except as provided in paragraph (2), 
                        subsections (a) and (b) of this section shall be 
                        effective on October 1, 1996.
                (2) Certain offices
                            With respect to the offices listed in 
                        subsection (e)(2) of this section, to the 
                        covered employees of such offices, and to 
                        representatives of such employees, subsections 
                        (a) and (b) of this section shall be effective 
                        on the effective date of regulations under 
                        subsection (e) of this section. (Pub.L. 104-1, 
                        Title II, Sec. 220, Jan. 23, 1995, 109 Stat. 
                        19.)
            
                                  Part E.--General

       763  Sec. 1361. Generally applicable remedies and limitations.
            (a) Attorney's fees
                If a covered employee, with respect to any claim under 
            this chapter, or a qualified person with a disability, with 
            respect to any claim under section 1331 of this title, is a 
            prevailing party in any proceeding under section 1405, 1406, 
            1407, or 1408 of this title, the hearing officer, Board, or 
            court, as the case may be, may award attorney's fees, expert 
            fees, and any other costs as would be appropriate if awarded 
            under section 706(k) of the Civil Rights Act of 1964 (42 
            U.S.C. 2000e-5(k)).
            (b) Interest
                In any proceeding under sections 1405, 1406, 1407, or 
            1408 of this title, the same interest to compensate for 
            delay in payment shall be made available as would be 
            appropriate if awarded under section 717(d) of the Civil 
            Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
            (c) Civil penalties and punitive damages
                No civil penalty or punitive damages may be awarded with 
            respect to any claim under this chapter.
            (d) Exclusive procedure
                (1) In general
                            Except as provided in paragraph (2), no 
                        person may commence an administrative or 
                        judicial proceeding to seek a remedy for the 
                        rights and protections afforded by this chapter 
                        except as provided in this chapter.
                (2) Veterans
                             A covered employee under section 1316 of 
                        this title may also utilize any provisions of 
                        chapter 43 of Title 38, that are applicable to 
                        that employee.
            (e) Scope of remedy
                Only a covered employee who has undertaken and completed 
            the procedures described in sections 1402 and 1403 of this 
            title may be granted a remedy under part A of this 
            subchapter.
            (f) Construction
                (1) Definitions and exemptions

[[Page 666]]

                            Except where inconsistent with definitions 
                        and exemptions provided in this chapter, the 
                        definitions and exemptions in the laws made 
                        applicable by this chapter shall apply under 
                        this chapter.
                (2) Size limitations
                            Notwithstanding paragraph (1), provisions in 
                        the laws made applicable under this chapter 
                        (other than chapter 23 of Title 29) deter mining 
                        coverage based on size, whether expressed in 
                        terms of numbers of employees, amount of 
                        business transacted, or other measure, shall not 
                        apply in determining coverage under this 
                        chapter.
                (3) Executive branch enforcement
                            This chapter shall not be construed to 
                        authorize enforcement by the executive branch of 
                        this chapter. (Pub.L. 104-1, Title II, Sec. 225, 
                        Jan. 23, 1995, 109 Stat. 22.)
            
                                   Part F.--Study

       764  Sec. 1371. Study and recommendations regarding Government 
                Accountability Office, Government Printing Office, and 
                Library of Congress.
            (a) In general
                The Board shall undertake a study of--
                            (1) the application of the laws listed in 
                        subsection (b) of this section to--

                                (A) the Government Accountability 
                            Office;

                                (B) the Government Printing Office; and

                                (C) the Library of Congress; and

                            (2) the regulations and procedures used by 
                        the entities referred to in paragraph (1) to 
                        apply and enforce such laws to themselves and 
                        their employees.
            (b) Applicable statutes
                The study under this section shall consider the 
            application of the following laws:
                            (1) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.), and related 
                        provisions of section 2302 of Title 5.
                            (2) The Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.), and related 
                        provisions of section 2302 of Title 5.
                            (3) The Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.), and related 
                        provisions of section 2302 of Title 5.
                            (4) The Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.), and related provisions 
                        of sections 6381 through 6387 of Title 5.
                            (5) The Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.), and related provisions of 
                        sections 5541 through 5550a of Title 5.
                            (6) The Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.), and related 
                        provisions of section 7902 of Title 5.
                            (7) The Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.).
                            (8) Chapter 71 (relating to Federal service 
                        and labor-management relations) of Title 5.
                            (9) The Government Accountability Office 
                        Personnel Act of 1980 (31 U.S.C. 731 et seq.).
                            (10) The Employee Polygraph Protection Act 
                        of 1988 (29 U.S.C. 2001 et seq.).

[[Page 667]]

                            (11) The Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.).
                            (12) Chapter 43 (relating to veterans' 
                        employment and reemployment) of Title 38.
            (c) Contents of study and recommendations
                The study under this section shall evaluate whether the 
            rights, protections, and procedures, including 
            administrative and judicial relief, applicable to the 
            entities listed in paragraph (1) of subsection (a) of this 
            section and their employees are comprehensive and effective 
            and shall include recommendations for any improvements in 
            regulations or legislation, including proposed regulatory or 
            legislative language.
            (d) Deadline and delivery of study
                Not later than December 31, 1996--
                            (1) the Board shall prepare and complete the 
                        study and recommendations required under this 
                        section; and
                            (2) the Board shall transmit such study and 
                        recommendations (with the Board's comments) to 
                        the head of each entity considered in the study, 
                        and to the Congress by delivery to the Speaker 
                        of the House of Representatives and President 
                        pro tempore of the Senate for referral to the 
                        appropriate committees of the House of 
                        Representatives and of the Senate. (Pub.L. 104-
                        1, Title II, Sec. 230, Jan. 23, 1995, 109 Stat. 
                        23; Pub.L. 104-53, Title III, Sec. 309 (a), (b), 
                        Nov. 19, 1995, 109 Stat. 538; Pub.L. 108-271, 
                        Sec. 8(b), July 7, 2004, 118 Stat. 814.)
            
                        Subchapter III.--Office of Compliance

       765  Sec. 1381. Establishment of Office of Compliance.
            (a) Establishment
                There is established, as an independent office within 
            the legislative branch of the Federal Government, the Office 
            of Compliance.
            (b) Board of Directors
                The Office shall have a Board of Directors. The Board 
            shall consist of five individuals appointed jointly by the 
            Speaker of the House of Representatives, the Majority Leader 
            of the Senate, and the Minority Leaders of the House of 
            Representatives and the Senate. Appointments of the first 
            five members of the Board shall be completed not later than 
            90 days after January 23, 1995.
            (c) Chair
                The Chair shall be appointed from members of the Board 
            jointly by the Speaker of the House of Representatives, the 
            Majority Leader of the Senate, and the Minority Leaders of 
            the House of Representatives and the Senate.
            (d) Board of Directors qualifications
                (1) Specific qualifications

                                Selection and appointment of members of 
                            the Board shall be without regard to 
                            political affiliation and solely on the 
                            basis of fitness to perform the duties of 
                            the Office. Members of the Board shall have 
                            training or experience in the application of

[[Page 668]]

                            the rights, protections, and remedies under 
                            one or more of the laws made applicable 
                            under section 1302 of this title.

                (2) Disqualifications for appointments
                            (A) Lobbying

                                No individual who engages in, or is 
                            otherwise employed in, lobbying of the 
                            Congress and who is required under chapter 
                            8a of this title to register with the Clerk 
                            of the House of Representatives or the 
                            Secretary of the Senate shall be eligible 
                            for appointment to, or service on, the 
                            Board.

                            (B) Incompatible office

                                No member of the Board appointed under 
                            subsection (b) of this section may hold or 
                            may have held the position of Member of the 
                            House of Representatives or Senator, may 
                            hold the position of officer or employee of 
                            the House of Representatives, Senate, or 
                            instrumentality or other entity of the 
                            legislative branch (other than the Office), 
                            or may have held such a position (other than 
                            the position of an officer or employee of 
                            the General Accounting Office Personnel 
                            Appeals Board,\1\ an officer or employee of 
                            the Office of Fair Employment Practices of 
                            the House of Representatives, or officer or 
                            employee of the Office of Senate Fair 
                            Employment Practices) within 4 years of the 
                            date of appointment.

                \1\ The General Accounting Office is now the Government 
                Accountability Office.
                (3) Vacancies
                            A vacancy on the Board shall be filled in 
                        the manner in which the original appointment was 
                        made.
            (e) Term of office
                (1) In general
                            Except as provided in paragraph (2), 
                        membership on the Board shall be for 5 years. A 
                        member of the Board may be reappointed, but no 
                        individual may serve as a member for more than 2 
                        terms.
                (2) First appointment
                            Of the members first appointed to the 
                        Board--

                                (A) 1 shall have a term of office of 3 
                            years,

                                (B) 2 shall have a term of office of 4 
                            years, and

                                (C) 2 shall have a term of office of 5 
                            years, 1 of whom shall be the Chair,

            as designated at the time of appointment by the persons 
            specified in subsection (b) of this section.

            (f) Removal
                (1) Authority
                            Any member of the Board may be removed from 
                        office by a majority decision of the appointing 
                        authorities described in subsection (b) of this 
                        section, but only for--

                                (A) disability that substantially 
                            prevents the member from carrying out the 
                            duties of the member,

                                (B) incompetence,

                                (C) neglect of duty,

                                (D) malfeasance, including a felony or 
                            conduct involving moral turpitude, or

[[Page 669]]

                                (E) holding an office or employment or 
                            engaging in an activity that disqualifies 
                            the individual from service as a member of 
                            the Board under subsection (d)(2) of this 
                            section.

                (2) Statement of reasons for removal
                            In removing a member of the Board, the 
                        Speaker of the House of Representatives and the 
                        President pro tempore of the Senate shall state 
                        in writing to the member of the Board being 
                        removed the specific reasons for the removal.
            (g) Compensation
                (1) Per diem--
                            (A) Rate of compensation for each day.--Each 
                        member of the Board shall be compensated, for 
                        each day (including travel time) during which 
                        such member is engaged in the performance of the 
                        duties of the Board, at a rate equal to the 
                        daily equivalent of the lesser of--

                                (i) the highest annual rate of 
                            compensation of any officer of the Senate; 
                            or

                                (ii) the highest annual rate of 
                            compensation of any officer of the House of 
                            Representatives.

                            (B) Authority to prorate.--The rate of pay 
                        of a member may be prorated based on the portion 
                        of the day during which the member is engaged in 
                        the performance of Board duties.
                (2) Travel expenses
                Each member of the Board shall receive travel expenses, 
            including per diem in lieu of subsistence, at rates 
            authorized for employees of agencies under subchapter I of 
            chapter 57 of Title 5, for each day the member is engaged in 
            the performance of duties away from the home or regular 
            place of business of the member.
            (h) Duties
                The Office shall--
                            (1) carry out a program of education for 
                        Members of Congress and other employing 
                        authorities of the legislative branch of the 
                        Federal Government respecting the laws made 
                        applicable to them and a program to inform 
                        individuals of their rights under laws 
                        applicable to the legislative branch of the 
                        Federal Government;
                            (2) in carrying out the program under 
                        paragraph (1), distribute the telephone number 
                        and address of the Office, procedures for action 
                        under Title IV, and any other information 
                        appropriate for distribution, distribute such 
                        information to employing offices in a manner 
                        suitable for posting, provide such information 
                        to new employees of employing offices, 
                        distribute such information to the residences of 
                        covered employees, and conduct seminars and 
                        other activities designed to educate employing 
                        offices and covered employees; and
                            (3) compile and publish statistics on the 
                        use of the Office by covered employees, 
                        including the number and type of contacts made 
                        with the Office, on the reason for such 
                        contacts, on the number of covered employees who 
                        initiated proceedings with the Office under this 
                        chapter and the result of such proceedings, and 
                        on the number of covered employees who filed a 
                        complaint, the basis for the complaint, and the 
                        action taken on the complaint.

[[Page 670]]

            (i) Congressional oversight
                The Board and the Office shall be subject to oversight 
            (except with respect to the disposition of individual cases) 
            by the Committee on Rules and Administration and the 
            Committee on Governmental Affairs of the Senate and the 
            Committee on House Oversight of the House of 
            Representatives.
            (j) Opening of Office
                The Office shall be open for business, including receipt 
            of requests for counseling under section 1402 of this title, 
            not later than 1 year after January 23, 1995.
            (k) Financial disclosure reports
                Members of the Board and officers and employees of the 
            Office shall file the financial disclosure reports required 
            under title I of the Ethics in Government Act of 1978 with 
            the Clerk of the House of Representatives. (Pub.L. 104-1, 
            Title III, Sec. 301, Jan. 23, 1995, 109 Stat. 24; Pub.L. 
            108-349, Sec. 1(a), Oct. 21, 2004, 118 Stat. 1389; Pub.L. 
            110-161, Div. H, Title I, Sec. 1101(a), Dec. 26, 2007, 121 
            Stat. 2236; Pub.L. 110-164, Sec. 1, Dec. 26, 2007, 121 Stat. 
            2459.)
       766  Sec. 1382. Officers, staff, and other personnel.
            (a) Executive Director
                (1) Appointment and removal
                            (A) In general

                                The Chair, subject to the approval of 
                            the Board, shall appoint and may remove an 
                            Executive Director. Selection and 
                            appointment of the Executive Director shall 
                            be without regard to political affiliation 
                            and solely on the basis of fitness to 
                            perform the duties of the Office. The first 
                            Executive Director shall be appointed no 
                            later than 90 days after the initial 
                            appointment of the Board of Directors.

                            (B) Qualifications

                                The Executive Director shall be an 
                            individual with training or expertise in the 
                            application of laws referred to in section 
                            1302(a) of this title.

                            (C) Disqualifications

                                The disqualifications in section 
                            1381(d)(2) of this title shall apply to the 
                            appointment of the Executive Director.

                (2) Compensation
                            (A) Authority to fix compensation

                                The Chair may fix the compensation of 
                            the Executive Director.

                            (B) Limitation

                                The rate of pay for the Executive 
                            Director may not exceed the lesser of--

                                        (i) the highest annual rate of 
                                    compensation of any officer of the 
                                    Senate; or

                                        (ii) the highest annual rate of 
                                    compensation of any officer of the 
                                    House of Representatives.

                (3) Term
                            The term of office of the Executive Director 
                        shall be not more than 2 terms of 5 years, 
                        except that the first Executive Director shall 
                        have a single term of 7 years.

[[Page 671]]

                (4) Duties
                            The Executive Director shall serve as the 
                        chief operating officer of the Office. Except as 
                        otherwise specified in this chapter, the 
                        Executive Director shall carry out all of the 
                        responsibilities of the Office under this 
                        chapter.
            (b) Deputy Executive Directors
                (1) In general
                            The Chair, subject to the approval of the 
                        Board, shall appoint and may remove a Deputy 
                        Executive Director for the Senate and a Deputy 
                        Executive Director for the House of 
                        Representatives. Selection and appointment of a 
                        Deputy Executive Director shall be without 
                        regard to political affiliation and solely on 
                        the basis of fitness to perform the duties of 
                        the office. The disqualifications in section 
                        1381(d)(2) of this title shall apply to the 
                        appointment of a Deputy Executive Director.
                (2) Term
                            The term of office of a Deputy Executive 
                        Director shall be not more than 2 terms of 5 
                        years, except that the first Deputy Executive 
                        Directors shall have a single term of 6 years.
                (3) Compensation
                            (A) Authority to fix compensation.--The 
                        Chair may fix the compensation of the Deputy 
                        Executive Directors.
                            (B) The rate of pay for a Deputy Executive 
                        Director may not exceed 96 percent of the lesser 
                        of--

                                (i) the highest annual rate of 
                            compensation of any officer of the Senate; 
                            or

                                (ii) the highest annual rate of 
                            compensation of any officer of the House of 
                            Representatives.

                (4) Duties
                            The Deputy Executive Director for the Senate 
                        shall recommend to the Board regulations under 
                        section 1384(a)(2)(B)(i) of this title, maintain 
                        the regulations and all records pertaining to 
                        the regulations, and shall assume such other 
                        responsibilities as may be delegated by the 
                        Executive Director. The Deputy Executive 
                        Director for the House of Representatives shall 
                        recommend to the Board the regulations under 
                        section 1384(a)(2)(B)(ii) of this title, 
                        maintain the regulations and all records 
                        pertaining to the regulations, and shall assume 
                        such other responsibilities as may be delegated 
                        by the Executive Director.
            (c) General Counsel
                (1) In general
                            The Chair, subject to the approval of the 
                        Board, shall appoint a General Counsel. 
                        Selection and appointment of the General Counsel 
                        shall be without regard to political affiliation 
                        and solely on the basis of fitness to perform 
                        the duties of the Office. The disqualifications 
                        in section 1381(d)(2) of this title shall apply 
                        to the appointment of a General Counsel.
                (2) Compensation
                            (A) Authority to fix compensation

                                The Chair may fix the compensation of 
                            the General Counsel.

                            (B) Limitation

[[Page 672]]

                                The rate of pay for the General Counsel 
                            may not exceed the lesser of--

                                        (i) the highest annual rate of 
                                    compensation of any officer of the 
                                    Senate; or

                                        (ii) the highest annual rate of 
                                    compensation of any officer of the 
                                    House of Representatives.

                (3) Duties
                            The General Counsel shall--

                                (A) exercise the authorities and perform 
                            the duties of the General Counsel as 
                            specified in this chapter; and

                                (B) otherwise assist the Board and the 
                            Executive Director in carrying out their 
                            duties and powers, including representing 
                            the Office in any judicial proceeding under 
                            this chapter.

                (4) Attorneys in the Office of the General Counsel
                            The General Counsel shall appoint, and fix 
                        the compensation of, and may remove, such 
                        additional attorneys as may be necessary to 
                        enable the General Counsel to perform the 
                        General Counsel's duties.
                (5) Term
                            The term of office of the General Counsel 
                        shall be not more than 2 terms of 5 years.
                (6) Removal
                            (A) Authority

                                The General Counsel may be removed from 
                            office by the Chair but only for--

                                        (i) disability that 
                                    substantially prevents the General 
                                    Counsel from carrying out the duties 
                                    of the General Counsel,

                                        (ii) incompetence,

                                        (iii) neglect of duty,

                                        (iv) malfeasance, including a 
                                    felony or conduct involving moral 
                                    turpitude, or

                                        (v) holding an office or 
                                    employment or engaging in an 
                                    activity that disqualifies the 
                                    individual from service as the 
                                    General Counsel under paragraph (1).

                            (B) Statement of reasons for removal

                                In removing the General Counsel, the 
                            Speaker of the House of Representatives and 
                            the President pro tempore of the Senate 
                            shall state in writing to the General 
                            Counsel the specific reasons for the 
                            removal.

            (d) Other staff
                The Executive Director shall appoint, and fix the 
            compensation of, and may remove, such other additional 
            staff, including hearing officers, but not including 
            attorneys employed in the office of the General Counsel, as 
            may be necessary to enable the Office to perform its duties.
            (e) Detailed personnel
                The Executive Director may, with the prior consent of 
            the department or agency of the Federal Government 
            concerned, use on a reimbursable or nonreimbursable basis 
            the services of personnel of any such department or agency, 
            including the services of members or personnel of the 
            Government Accountability Office Personnel Appeals Board.

[[Page 673]]

            (f) Consultants
                In carrying out the functions of the Office, the 
            Executive Director may procure the temporary (not to exceed 
            1 year) or intermittent services of consultants. (Pub.L. 
            104-1, Title III, Sec. 302, Jan. 23, 1995, 109 Stat. 26; 
            Pub.L. 110-161, Div. H, Title I, Sec. 1101, Dec. 26, 2007, 
            121 Stat. 2236-37; Pub.L. 110-164, Sec. 2, Dec. 26, 2007, 
            121 Stat. 2459.)
       767  Sec. 1383. Procedural rules.
            (a) In general
                The Executive Director shall, subject to the approval of 
            the Board, adopt rules governing the procedures of the 
            Office, including the procedures of hearing officers, which 
            shall be submitted for publication in the Congressional 
            Record. The rules may be amended in the same manner.
            (b) Procedure
                The Executive Director shall adopt rules referred to in 
            subsection (a) of this section in accordance with the 
            principles and procedures set forth in section 53 of Title 
            5. The Executive Director shall publish a general notice of 
            proposed rulemaking under section 553(b) of Title 5, but, 
            instead of publication of a general notice of proposed 
            rulemaking in the Federal Register, the Executive Director 
            shall transmit such notice to the Speaker of the House of 
            Representatives and the President pro tempore of the Senate 
            for publication in the Congressional Record on the first day 
            on which both Houses are in session following such 
            transmittal. Before adopting rules, the Executive Director 
            shall provide a comment period of at least 30 days after 
            publication of a general notice of proposed rulemaking. Upon 
            adopting rules, the Executive Director shall transmit notice 
            of such action together with a copy of such rules to the 
            Speaker of the House of Representatives and the President 
            pro tempore of the Senate for publication in the 
            Congressional Record on the first day on which both Houses 
            are in session following such transmittal. Rules shall be 
            considered issued by the Executive Director as of the date 
            of which they are published in the Congressional Record. 
            (Pub.L. 104-1, Title III, Sec. 303, Jan. 23, 1995, 109 Stat. 
            28.)
       768  Sec. 1384. Substantive regulations.
            (a) Regulations
                (1) In general
                            The procedures applicable to the regulations 
                        of the Board issued for the implementation of 
                        this chapter, which shall include regulations 
                        the Board is required to issue under subchapter 
                        II of this title (including regulations on the 
                        appropriate application of exemptions under the 
                        laws made applicable in subchapter II of this 
                        title) are as prescribed in this section.
                (2) Rulemaking procedure
                            Such regulations of the Board--

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

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

                                        (i) the Senate and employees of 
                                    the Senate;

[[Page 674]]

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

                                        (iii) all other covered 
                                    employees and employing offices.

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

                                The Board shall publish a general notice 
                            of proposed rulemaking under section 553(b) 
                            of Title 5, but, instead of publication of a 
                            general notice of proposed rulemaking in the 
                            Federal Register, the Board shall transmit 
                            such notice to the Speaker of the House of 
                            Representatives and the President pro 
                            tempore of the Senate for publication in the 
                            Congressional Record on the first day on 
                            which both Houses are in session following 
                            such transmittal. Such notice shall set 
                            forth the recommendations of the Deputy 
                            Director for the Senate in regard to 
                            regulations under subsection (a)(2)(B)(i) of 
                            this section, the recommendations of the 
                            Deputy Director for the House of 
                            Representatives in regard to regulations 
                            under subsection (a)(2)(B)(ii) of this 
                            section, and the recommendations of the 
                            Executive Director for regulations under 
                            subsection (a)(2)(B)(iii) of this section.

                            (2) Comment

                                Before adopting regulations, the Board 
                            shall provide a comment period of at least 
                            30 days after publication of a general 
                            notice of proposed rulemaking.

                            (3) Adoption

                                After considering comments, the Board 
                            shall adopt regulations and shall transmit 
                            notice of such action together with a copy 
                            of such regulations to the Speaker of the 
                            House of Representatives and the President 
                            pro tempore of the Senate for publication in 
                            the Congressional Record on the first day on 
                            which both Houses are in session following 
                            such transmittal.

                            (4) Recommendation as to method of approval

                                The Board shall include a recommendation 
                            in the general notice of proposed rulemaking 
                            and in the regulations as to whether the 
                            regulations should be approved by resolution 
                            of the Senate, by resolution of the House of 
                            Representatives, by concurrent resolution, 
                            or by joint resolution.

            (c) Approval of regulations
                (1) In general
                            Regulations referred to in paragraph 
                        (2)(B)(i) of subsection (a) of this section may 
                        be approved by the Senate by resolution or by 
                        the Congress by concurrent resolution or by 
                        joint resolution. Regulations referred to in 
                        paragraph (2)(B)(ii) of subsection (a) of this 
                        section may be approved by the House of 
                        Representatives by resolution or by the Congress 
                        by concurrent resolution or by joint resolution. 
                        Regulations referred to in paragraph (2)(B)(iii) 
                        may be approved by Congress by concurrent 
                        resolution or by joint resolution.
                (2) Referral

[[Page 675]]

                            Upon receipt of a notice of adoption of 
                        regulations under subsection (b)(3) of this 
                        section, the presiding officers of the House of 
                        Representatives and the Senate shall refer such 
                        notice, together with a copy of such 
                        regulations, to the appropriate committee or 
                        committees of the House of Representatives and 
                        of the Senate. The purpose of the referral shall 
                        be to consider whether such regulations should 
                        be approved, and, if so, whether such approval 
                        should be by resolution of the House of 
                        Representatives or of the Senate, by concurrent 
                        resolution or by joint resolution.
                (3) Joint referral and discharge in the Senate
                            The presiding officer of the Senate may 
                        refer the notice of issuance of regulations, or 
                        any resolution of approval of regulations, to 
                        one committee or jointly to more than one 
                        committee. If a committee of the Senate acts to 
                        report a jointly referred measure, any other 
                        committee of the Senate must act within 30 
                        calendar days of continuous session, or be 
                        automatically discharged.
                (4) One-house resolution or concurrent resolution
                            In the case of a resolution of the House of 
                        Representatives or the Senate or a concurrent 
                        resolution referred to in paragraph (1), the 
                        matter after the resolving clause shall be the 
                        following: ``The following regulations issued by 
                        the Office of Compliance on __ are hereby 
                        approved:'' (the blank space being appropriately 
                        filled in, and the text of the regulations being 
                        set forth).
                (5) Joint resolution
                            In the case of a joint resolution referred 
                        to in paragraph (1), the matter after the 
                        resolving clause shall be the following: ``The 
                        following regulations issued by the Office of 
                        Compliance on __ are hereby approved and shall 
                        have the force and effect of law:'' (the blank 
                        space being appropriately filled in, and the 
                        text of the regulations being set forth).
            (d) Issuance and effective date
                (1) Publication
                            After approval of regulations under 
                        subsection (c) of this section, the Board shall 
                        submit the regulations to the Speaker of the 
                        House of Representatives and the President pro 
                        tempore of the Senate for publication in the 
                        Congressional Record on the first day on which 
                        both Houses are in session following such 
                        transmittal.
                (2) Date of issuance
                            The date of issuance of regulations shall be 
                        the date on which they are published in the 
                        Congressional Record under paragraph (1).
                (3) Effective date
                            Regulations shall become effective not less 
                        than 60 days after the regulations are issued, 
                        except that the Board may provide for an earlier 
                        effective date for good cause found (within the 
                        meaning of section 553(d)(3) of Title 5) and 
                        published with the regulation.
            (e) Amendment of regulations
                Regulations may be amended in the same manner as is 
            described in this section for the adoption, approval, and 
            issuance of regulations, except that the Board may, in its 
            discretion, dispense with publication of a general notice of 
            proposed rulemaking of minor, technical, or urgent

[[Page 676]]

            amendments that satisfy the criteria for dispensing with 
            publication of such notice pursuant to section 553(b)(B) of 
            Title 5.
            (f) Right to petition for rulemaking
                Any interested party may petition to the Board for the 
            issuance, amendment, or repeal of a regulation.
            (g) Consultation
                The Executive Director, the Deputy Directors, and the 
            Board--
                            (1) shall consult, with regard to the 
                        development of regulations, with--

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

                                (B) the Secretary of Labor;

                                (C) the Federal Labor Relations 
                            Authority; and

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

                            (2) may consult with any other persons with 
                        whom consultation, in the opinion of the Board, 
                        the Executive Director, or Deputy Directors, may 
                        be helpful. (Pub.L. 104-1, Title III, Sec. 304, 
                        Jan. 23, 1995, 109 Stat. 29.)
       769  Sec. 1385. Expenses.
            (a) Authorization of appropriations
                Beginning in fiscal year 1995, and for each fiscal year 
            thereafter, there are authorized to be appropriated for the 
            expenses of the Office such sums as may be necessary to 
            carry out the functions of the Office. Until sums are first 
            appropriated pursuant to the preceding sentence, but for a 
            period not exceeding 12 months following January 23, 1995--
                            (1) one-half of the expenses of the Office 
                        shall be paid from funds appropriated for 
                        allowances and expenses of the House of 
                        Representatives, and
                            (2) one-half of the expenses of the Office 
                        shall be paid from funds appropriated for 
                        allowances and expenses of the Senate, upon 
                        vouchers approved by the Executive Director, 
                        except that a voucher shall not be required for 
                        the disbursement of salaries of employees who 
                        are paid at an annual rate. The Clerk of the 
                        House of Representatives and the Secretary of 
                        the Senate are authorized to make arrangements 
                        for the division of expenses under this 
                        subsection, including arrangements for one House 
                        of Congress to reimburse the other House of 
                        Congress.
            (b) Financial and administrative services
                The Executive Director may place orders and enter into 
            agreements for goods and services with the head of any 
            agency, or major organizational unit within an agency, in 
            the legislative or executive branch of the United States in 
            the same manner and to the same extent as agencies are 
            authorized under sections 1535 and 1536 of Title 31, to 
            place orders and enter into agreements.
            (c) Witness fees and allowances
                Except for covered employees, witnesses before a hearing 
            officer or the Board in any proceeding under this chapter 
            other than rulemaking shall be paid the same fee and mileage 
            allowances as are paid subpoenaed witnesses in the courts of 
            the United States. Covered employees

[[Page 677]]

            who are summoned, or are assigned by their employer, to 
            testify in their official capacity or to produce official 
            records in any proceeding under this Act shall be entitled 
            to travel expenses under subchapter I and section 5751 of 
            chapter 57 of Title 5. (Pub.L. 104-1, Title III, Sec. 305, 
            Jan. 23, 1995, 109 Stat. 31.)
       770  Sec. 1386. Disposition of surplus or obsolete personal 
                property.
                The Executive Director may, within the limits of 
            available appropriations, dispose of surplus or obsolete 
            personal property by interagency transfer, donation, or 
            discarding. (Pub.L. 104-1, Title III, Sec.  306, as added 
            Pub.L. 111-68, Div. A, Title I, Sec.  1101(a), Oct. 1, 2009, 
            123 Stat. 2031.)
            
                Subchapter IV.--Administrative and Judicial Dispute-
                               Resolution Procedures

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

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

                                (B) a civil action in a district court 
                            of the United States as provided in section 
                            1408 of this title.

                            In the case of an employee of the Office of 
                        the Architect of the Capitol or of the Capitol 
                        Police, the Executive Director, after receiving 
                        a request for counseling under section 1402 of 
                        this title, may recommend that the employee use 
                        the grievance procedures of the Architect of the 
                        Capitol or the Capitol Police for resolution of 
                        the employee's grievance for a specific period 
                        of time, which shall not count against the time 
                        available for counseling or mediation. (Pub.L. 
                        104-1, Title IV, Sec. 401, Jan. 23, 1995, 109 
                        Stat. 32.)
       772  Sec. 1402. Counseling.
            (a) In general
                To commence a proceeding, a covered employee alleging a 
            violation of a law made applicable under part A of 
            subchapter II of this title shall request counseling by the 
            Office. The Office shall provide the employee with all 
            relevant information with respect to the rights of the 
            employee. A request for counseling shall be made not later 
            than 180 days after the date of alleged violation.
            (b) Period of counseling
                The period for counseling shall be 30 days unless the 
            employee and the Office agree to reduce the period. The 
            period shall begin on the date the request for counseling is 
            received.

[[Page 678]]

            (c) Notification of end of counseling period
                The Office shall notify the employee in writing when the 
            counseling period has ended. (Pub.L. 104-1, Title IV, 
            Sec. 402, Jan. 23, 1995, 109 Stat. 32.)
       773  Sec. 1403. Mediation.
            (a) Initiation
                Not later than 15 days after receipt by the employee of 
            notice of the end of the counseling period under section 
            1402 of this title, but prior to and as a condition of 
            making an election under section 1404 of this title, the 
            covered employee who alleged a violation of a law shall file 
            a request for mediation with the Office.
            (b) Process
                Mediation under this section--
                            (1) may include the Office, the covered 
                        employee, the employing office, and one or more 
                        individuals appointed by the Executive Director 
                        after considering recommendations by 
                        organizations composed primarily of individuals 
                        experienced in adjudicating or arbitrating 
                        personnel matters, and
                            (2) shall involve meetings with the parties 
                        separately or jointly for the purpose of 
                        resolving the dispute between the covered 
                        employee and the employing office.
            (c) Mediation period
                The mediation period shall be 30 days beginning on the 
            date the request for mediation is received. The mediation 
            period may be extended for additional periods at the joint 
            request of the covered employee and the employing office. 
            The Office shall notify in writing the covered employee and 
            the employing office when the mediation period has ended.
            (d) Independence of mediation process
                No individual, who is appointed by the Executive 
            Director to mediate, may conduct or aid in a hearing 
            conducted under section 1405 of this title with respect to 
            the same matter or shall be subject to subpoena or any other 
            compulsory process with respect to the same matter. (Pub.L. 
            104-1, Title IV, Sec. 403, Jan. 23, 1995, 109 Stat. 32.)
       774  Sec. 1404. Election of proceeding.
                Not later than 90 days after a covered employee receives 
            notice of the end of the period of mediation, but, no sooner 
            than 30 days after receipt of such notification, such 
            covered employee may either--
                            (1) file a complaint with the Office in 
                        accordance with section 1405 of this title, or
                            (2) file a civil action in accordance with 
                        section 1408 of this title in the United States 
                        district court for the district in which the 
                        employee is employed or for the District of 
                        Columbia. (Pub.L. 104-1, Title IV, Sec. 404, 
                        Jan. 23, 1995, 109 Stat. 33.)
       775  Sec. 1405. Complaint and hearing.
            (a) In general
                A covered employee may, upon the completion of mediation 
            under section 1403 of this title, file a complaint with the 
            Office. The respondent to the complaint shall be the 
            employing office--

[[Page 679]]

                            (1) involved in the violation, or
                            (2) in which the violation is alleged to 
                        have occurred, and about which mediation was 
                        conducted.
            (b) Dismissal
                A hearing officer may dismiss any claim that the hearing 
            officer finds to be frivolous or that fails to state a claim 
            upon which relief may be granted.
            (c) Hearing officer
                (1) Appointment
                            Upon the filing of a complaint, the 
                        Executive Director shall appoint an independent 
                        hearing officer to consider the complaint and 
                        render a decision. No Member of the House of 
                        Representatives, Senator, officer of either the 
                        House of Representatives or the Senate, head of 
                        an employing office, member of the Board, or 
                        covered employee may be appointed to be a 
                        hearing officer. The Executive Director shall 
                        select hearing officers on a rotational or 
                        random basis from the lists developed under 
                        paragraph (2). Nothing in this section shall 
                        prevent the appointment of hearing officers as 
                        full-time employees of the Office or the 
                        selection of hearing officers on the basis of 
                        specialized expertise needed for particular 
                        matters.
                (2) Lists
                            The Executive Director shall develop master 
                        lists, composed of--

                                (A) members of the bar of a State or the 
                            District of Columbia and retired judges of 
                            the United States courts who are experienced 
                            in adjudicating or arbitrating the kinds of 
                            personnel and other matters for which 
                            hearings may be held under this, and

                                (B) individuals expert in technical 
                            matters relating to accessibility and 
                            usability by persons with disabilities or 
                            technical matters relating to occupational 
                            safety and health.

                In developing lists, the Executive Director shall 
            consider candidates recommended by the Federal Mediation and 
            Conciliation Service or the Administrative Conference of the 
            United States.
            (d) Hearing
                Unless a complaint is dismissed before a hearing, a 
            hearing shall be--
                            (1) conducted in closed session on the 
                        record by the hearing officer;
                            (2) commenced no later than 60 days after 
                        filing of the complaint under subsection (a) of 
                        this section, except that the Office may, for 
                        good cause, extend up to an additional 30 days 
                        the time for commencing a hearing; and
                            (3) conducted, except as specifically 
                        provided in this chapter and to the greatest 
                        extent practicable, in accordance with the 
                        principles and procedures set forth in sections 
                        554 through 557 of Title 5.
            (e) Discovery
                Reasonable prehearing discovery may be permitted at the 
            discretion of the hearing officer.
            (f) Subpoenas
                (1) In general
                            At the request of a party, a hearing officer 
                        may issue subpoenas for the attendance of 
                        witnesses and for the production of correspond

[[Page 680]]

                        ence, books, papers, documents, and other 
                        records. The attendance of witnesses and the 
                        production of records may be required from any 
                        place within the United States. Subpoenas shall 
                        be served in the manner provided under rule 
                        45(b) of the Federal Rules of Civil Procedure.
                (2) Objections
                            If a person refuses, on the basis of 
                        relevance, privilege, or other objection, to 
                        testify in response to a question or to produce 
                        records in connection with a proceeding before a 
                        hearing officer, the hearing officer shall rule 
                        on the objection. At the request of the witness 
                        or any party, the hearing officer shall (or on 
                        the hearing officer's own initiative, the 
                        hearing officer may) refer the ruling to the 
                        Board for review.
                (3) Enforcement
                            (A) In general

                                If a person fails to comply with a 
                            subpoena, the Board may authorize the 
                            General Counsel to apply, in the name of the 
                            Office, to an appropriate United States 
                            district court for an order requiring that 
                            person to appear before the hearing officer 
                            to give testimony or produce records. The 
                            application may be made within the judicial 
                            district where the hearing is conducted or 
                            where that person is found, resides, or 
                            transacts business. Any failure to obey a 
                            lawful order of the district court issued 
                            pursuant to this section may be held by such 
                            court to be a civil contempt thereof.

                            (B) Service of process

                                Process in an action or contempt 
                            proceeding pursuant to subparagraph (A) may 
                            be served in any judicial district in which 
                            the person refusing or failing to comply, or 
                            threatening to refuse or not to comply, 
                            resides, transacts business, or may be 
                            found, and subpoenas for witnesses who are 
                            required to attend such proceedings may run 
                            into any other district.

            (g) Decision
                The hearing officer shall issue a written decision as 
            expeditiously as possible, but in no case more than 90 days 
            after the conclusion of the hearing. The written decision 
            shall be transmitted by the Office to the parties. The 
            decision shall state the issues raised in the complaint, 
            describe the evidence in the record, contain findings of 
            fact and conclusions of law, contain a determination of 
            whether a violation has occurred, and order such remedies as 
            are appropriate pursuant to subchapter II of this title. The 
            decision shall be entered in the records of the Office. If a 
            decision is not appealed under section 1406 of this title to 
            the Board, the decision shall be considered the final 
            decision of the Office.
            (h) Precedents
                A hearing officer who conducts a hearing under this 
            section shall be guided by judicial decisions under the laws 
            made applicable by section 1302 of this title and by Board 
            decisions under this chapter. (Pub.L. 104-1, Title IV, 
            Sec. 405, Jan. 23, 1995, 109 Stat. 33.)

[[Page 681]]


       776  Sec. 1406. Appeal to the Board.
            (a) In general
                Any party aggrieved by the decision of a hearing officer 
            under section 1405(g) of this title may file a petition for 
            review by the Board not later than 30 days after entry of 
            the decision in the records of the Office.
            (b) Parties' opportunity to submit argument
                The parties to the hearing upon which the decision of 
            the hearing officer was made shall have a reasonable 
            opportunity to be heard, through written submission and, in 
            the discretion of the Board, through oral argument.
            (c) Standard of review
                The Board shall set aside a decision of a hearing 
            officer if the Board determines that the decision was--
                            (1) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (2) not made consistent with required 
                        procedures; or
                            (3) unsupported by substantial evidence.
            (d) Record
                In making determinations under subsection (c) of this 
            section, the Board shall review the whole record, or those 
            parts of it cited by a party, and due account shall be taken 
            of the rule of prejudicial error.
            (e) Decision
                The Board shall issue a written decision setting forth 
            the reasons for its decision. The decision may affirm, 
            reverse, or remand to the hearing officer for further 
            proceedings. A decision that does not require further 
            proceedings before a hearing officer shall be entered in the 
            records of the Office as a final decision. (Pub.L. 104-1, 
            Title IV, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)
       777  Sec. 1407. Judicial review of Board decisions and 
                enforcement.
            (a) Jurisdiction
                (1) Judicial review
                            The United States Court of Appeals for the 
                        Federal Circuit shall have jurisdiction over any 
                        proceeding commenced by a petition of--

                                (A) a party aggrieved by a final 
                            decision of the Board undersection 1406(e) 
                            of this title in cases arising under part A 
                            of subchapter II of this title,

                                (B) a charging individual or a 
                            respondent before the Board who files a 
                            petition under section 1331(d)(4) of this 
                            title,

                                (C) the General Counsel or a respondent 
                            before the Board who files a petition under 
                            section 1341(c)(5) of this title, or

                                (D) the General Counsel or a respondent 
                            before the Board who files a petition under 
                            section 1351(c)(3) of this title.

                            The court of appeals shall have exclusive 
                        jurisdiction to set aside, suspend (in whole or 
                        in part), to determine the validity of, or 
                        otherwise review the decision of the Board.
                (2) Enforcement

[[Page 682]]

                            The United States Court of Appeals for the 
                        Federal Circuit shall have jurisdiction over any 
                        petition of the General Counsel, filed in the 
                        name of the Office and at the direction of the 
                        Board, to enforce a final decision under section 
                        1405(g) or 1406(e) of this title with respect to 
                        a violation of part A, B, C, or D of subchapter 
                        II of this title.
            (b) Procedures
                (1) Respondents
                            (A) In any proceeding commenced by a 
                        petition filed under subsection (a)(1) (A) or 
                        (B) of this section, or filed by a party other 
                        than the General Counsel under subsection (a)(1) 
                        (C) or (D) of this section, the Office shall be 
                        named respondent and any party before the Board 
                        may be named respondent by filing a notice of 
                        election with the court within 30 days after 
                        service of the petition.
                            (B) In any proceeding commenced by a 
                        petition filed by the General Counsel under 
                        subsection (a)(1) (C) or (D) of this section, 
                        the prevailing party in the final decision 
                        entered under section 1406(e) of this title 
                        shall be named respondent, and any other party 
                        before the Board may be named respondent by 
                        filing a notice of election with the court 
                        within 30 days after service of the petition.
                            (C) In any proceeding commenced by a 
                        petition filed under subsection (a)(2) of this 
                        section, the party under section 1405 or 1406 of 
                        this title that the General Counsel determines 
                        has failed to comply with a final decision under 
                        section 1405(g) or 1406(e) of this title shall 
                        be named respondent.
                (2) Intervention
                            Any party that participated in the 
                        proceedings before the Board under section 1406 
                        of this title and that was not made respondent 
                        under paragraph (1) may intervene as of right.
            (c) Law applicable
                Chapter 158 of Title 28, shall apply to judicial review 
            under paragraph (1) of subsection (a) of this section, 
            except that--
                            (1) with respect to section 2344 of Title 
                        28, service of a petition in any proceeding in 
                        which the Office is a respondent shall be on the 
                        General Counsel rather than on the Attorney 
                        General;
                            (2) the provisions of section 2348 of Title 
                        28, on the authority of the Attorney General, 
                        shall not apply;
                            (3) the petition for review shall be filed 
                        not later than 90 days after the entry in the 
                        Office of a final decision under section 1406(e) 
                        of this title; and
                            (4) the Office shall be an ``agency'' as 
                        that term is used in chapter 158 of Title 28.
            (d) Standard of review
                To the extent necessary for decision in a proceeding 
            commenced under subsection (a)(1) of this section and when 
            presented, the court shall decide all relevant questions of 
            law and interpret constitutional and statutory provisions. 
            The court shall set aside a final decision of the Board if 
            it is determined that the decision, was--
                            (1) arbitrary, capricious, an abuse of 
                        discretion, or otherwise not consistent with 
                        law;
                            (2) not made consistent with required 
                        procedures; or

[[Page 683]]

                            (3) unsupported by substantial evidence.
            (e) Record
                In making determinations under subsection (d) of this 
            section, the court shall review the whole record, or those 
            parts of it cited by a party, and due account shall be taken 
            of the rule of prejudicial error. (Pub.L. 104-1, Title IV, 
            Sec. 407, Jan. 23, 1995, 109 Stat. 35.)
       778  Sec. 1408. Civil action.
            (a) Jurisdiction
                The district courts of the United States shall have 
            jurisdiction over any civil action commenced under section 
            1404 of this title and this section by a covered employee 
            who has completed counseling under section 1402 of this 
            title and mediation under section 1403 of this title. A 
            civil action may be commenced by a covered employee only to 
            seek redress for a violation for which the employee has 
            completed counseling and mediation.
            (b) Parties
                The defendant shall be the employing office alleged to 
            have committed the violation, or in which the violation is 
            alleged to have occurred.
            (c) Jury trial
                Any party may demand a jury trial where a jury trial 
            would be available in an action against a private defendant 
            under the relevant law made applicable by this chapter. In 
            any case in which a violation of section 1311 of this title 
            is alleged, the court shall not inform the jury of the 
            maximum amount of compensatory damages available under 
            section 1311(b)(1) or 1311(b)(3) of this title.
            (d) Appearances by House Employment Counsel
                (1) In general
                            The House Employment Counsel of the House of 
                        Representatives and any other counsel in the 
                        Office of House Employment Counsel of the House 
                        of Representatives, including any counsel 
                        specially retained by the Office of House 
                        Employment Counsel, shall be entitled, for the 
                        purpose of providing legal assistance and 
                        representation to employing offices of the House 
                        of Representatives under this chapter, to enter 
                        an appearance in any proceeding before any court 
                        of the United States or of any State or 
                        political subdivision thereof without compliance 
                        with any requirements for admission to practice 
                        before such court, except that the authorization 
                        conferred by this paragraph shall not apply with 
                        respect to the admission of any such person to 
                        practice before the United States Supreme Court.

                (2) House Employment Counsel defined
                            In this subsection, the term ``Office of 
                        House Employment Counsel of the House of 
                        Representatives'' means--

                                (A) the Office of House Employment 
                            Counsel established and operating under the 
                            authority of the Clerk of the House of 
                            Representatives as of November 12, 2001;

                                (B) any successor office to the Office 
                            of House Employment Counsel which is 
                            established after November 12, 2001; and

                                (C) any other person authorized and 
                            directed in accordance with the Rules of the 
                            House of Representatives to provide legal

[[Page 684]]

                            assistance and representation to employing 
                            offices of the House of Representatives in 
                            connection with actions brought under this 
                            subchapter.

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

       779  Sec. 1409. Judicial review of regulations.
                In any proceeding brought under section 1407 or 1408 of 
            this title in which the application of a regulation issued 
            under this chapter is at issue, the court may review the 
            validity of the regulation in accordance with the provisions 
            of subparagraphs (A) through (D) of section 706(2) of Title 
            5, except that with respect to regulations approved by a 
            joint resolution under section 1384(c) of this title, only 
            the provisions of section 706(2)(B) of Title 5, shall apply. 
            If the court determines that the regulation is invalid, the 
            court shall apply, to the extent necessary and appropriate, 
            the most relevant substantive executive agency regulation 
            promulgated to implement the statutory provisions with 
            respect to which the invalid regulation was issued. Except 
            as provided in this section, the validity of regulations 
            issued under this chapter is not subject to judicial review. 
            (Pub.L. 104-1, Title IV, Sec. 409, Jan. 23, 1995, 109 Stat. 
            37.)
       780  Sec. 1410. Other judicial review prohibited.
                Except as expressly authorized by sections 1407, 1408, 
            and 1409 of this title, the compliance or noncompliance with 
            the provisions of this chapter and any action taken pursuant 
            to this chapter shall not be subject to judicial review. 
            (Pub.L. 104-1, Title IV, Sec. 410, Jan. 23, 1995, 109 Stat. 
            37.)
       781  Sec. 1411. Effect of failure to issue regulations.
                In any proceeding under section 1405, 1406, 1407, or 
            1408 of this title, except a proceeding to enforce section 
            1351 of this title with respect to offices listed under 
            section 1351(e)(2) of this title, if the Board has not 
            issued a regulation on a matter for which this chapter 
            requires a regulation to be issued, the hearing officer, 
            Board, or court, as the case may be, shall apply, to the 
            extent necessary and appropriate, the most relevant 
            substantive executive agency regulation promulgated to 
            implement the statutory provision at issue in the 
            proceeding. (Pub.L. 104-1, Title IV, Sec. 411, Jan. 23, 
            1995, 109 Stat. 37.)
       782  Sec. 1412. Expedited review of certain appeals.
            (a) In general
                An appeal may be taken directly to the Supreme Court of 
            the United States from any interlocutory or final judgment, 
            decree, or order of a court upon the constitutionality of 
            any provision of this chapter.
            (b) Jurisdiction
                The Supreme Court shall, if it has not previously ruled 
            on the question, accept jurisdiction over the appeal 
            referred to in subsection (a) of this section, advance the 
            appeal on the docket, and expedite the appeal to the 
            greatest extent possible. (Pub.L. 104-1, Title IV, Sec. 412, 
            Jan. 23, 1995, 109 Stat. 37.)

[[Page 685]]


       783  Sec. 1413. Privileges and immunities.
                The authorization to bring judicial proceedings under 
            sections 1405(f)(3), 1407, and 1408 of this title shall not 
            constitute a waiver of sovereign immunity for any other 
            purpose, or of the privileges of any Senator or Member of 
            the House of Representatives under article I, section 6, 
            clause 1, of the Constitution, or a waiver of any power of 
            either the Senate or the House of Representatives under the 
            Constitution, including under article I, section 5, clause 
            3, or under the rules of either House relating to records 
            and information within its jurisdiction. (Pub.L. 104-1, 
            Title IV, Sec. 413, Jan. 23, 1995, 109 Stat. 38.)
       784  Sec. 1414. Settlement of complaints.
                Any settlement entered into by the parties to a process 
            described in section 1331, 1341, 1351, or 1401 of this title 
            shall be in writing and not become effective unless it is 
            approved by the Executive Director. Nothing in this chapter 
            shall affect the power of the Senate and the House of 
            Representatives, respectively, to establish rules governing 
            the process by which a settlement may be entered into by 
            such House or by any employing office of such House. (Pub.L. 
            104-1, Title IV, Sec. 414, Jan. 23, 1995, 109 Stat. 38.)
       785  Sec. 1415. Payments.
            (a) Awards and settlements
                Except as provided in subsection (c), only funds which 
            are appropriated to an account of the Office in the Treasury 
            of the United States for the payment of awards and 
            settlements may be used for the payment of awards and 
            settlements under this Act. There are authorized to be 
            appropriated for such account such sums as may be necessary 
            to pay such awards and settlements. Funds in the account are 
            not available for awards and settlements involving the 
            Government Accountability Office, the Government Printing 
            Office, or the Library of Congress.
            (b) Compliance
                Except as provided in subsection (c), there are 
            authorized to be appropriated such sums as may be necessary 
            for administrative, personnel, and similar expenses of 
            employing offices which are needed to comply with this 
            chapter.
            (c) OSHA, accommodation, and access requirements
                Funds to correct violations of section 1311(a)(3), 1331, 
            or 1341 of this title may be paid only from funds 
            appropriated to the employing office or entity responsible 
            for correcting such violations. There are authorized to be 
            appropriated such sums as may be necessary for such funds. 
            (Pub.L. 104-1, Title IV, Sec. 415, Jan. 23, 1995, 109 Stat. 
            38; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       786  Sec. 1416. Confidentiality.
            (a) Counseling
                All counseling shall be strictly confidential, except 
            that the Office and a covered employee may agree to notify 
            the employing office of the allegations.
            (b) Mediation
                All mediation shall be strictly confidential.

[[Page 686]]

            (c) Hearings and deliberations
                Except as provided in subsections (d), (e), and (f) of 
            this title, all proceedings and deliberations of hearing 
            officers and the Board, including any related records, shall 
            be confidential. This subsection shall not apply to 
            proceedings under section 1341 of this title, but shall 
            apply to the deliberations of hearing officers and the Board 
            under that section.
            (d) Release of records for judicial action
                The records of hearing officers and the Board may be 
            made public if required for the purpose of judicial review 
            under section 1407 of this title.
            (e) Access by committees of Congress
                At the discretion of the Executive Director, the 
            Executive Director may provide to the Committee on Standards 
            of Official Conduct of the House of Representatives and the 
            Select Committee on Ethics of the Senate access to the 
            records of the hearings and decisions of the hearing 
            officers and the Board, including all written and oral 
            testimony in the possession of the Office. The Executive 
            Director shall not provide such access until the Executive 
            Director has consulted with the individual filing the 
            complaint at issue, and until a final decision has been 
            entered under section 1405(g) or 1406(e) of this title.
            (f) Final decisions
                A final decision entered under section 1405(g) or 
            1406(e) of this title shall be made public if it is in favor 
            of the complaining covered employee, or in favor of the 
            charging party under section 1331 of this title, or if the 
            decision reverses a decision of a hearing officer which had 
            been in favor of the covered employee or charging party. The 
            Board may make public any other decision at its discretion. 
            (Pub.L. 104-1, Title IV, Sec. 416, Jan. 23, 1995, 109 Stat. 
            38.)
            
                       Subchapter V.--Miscellaneous Provisions

       787  Sec. 1431. Exercise of rulemaking powers.
                The provisions of sections 1302(b)(3) and 1384(c) of 
            this title are enacted--
                            (1) as an exercise of the rulemaking power 
                        of the House of Representatives and the Senate, 
                        respectively, and as such they shall be 
                        considered as part of the rules of such House, 
                        respectively, and such rules shall supersede 
                        other rules only to the extent that they are 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        such rules (so far as relating to such House) at 
                        any time, in the same manner, and to the same 
                        extent as in the case of any other rule of each 
                        House. (Pub.L. 104-1, Title V, Sec. 501, Jan. 
                        23, 1995, 109 Stat. 39.)
       788  Sec. 1432. Political affiliation and place of residence.
            (a) In general
                It shall not be a violation of any provision of section 
            1311 of this title to consider the--
                            (1) party affiliation;
                            (2) domicile; or

[[Page 687]]

                            (3) political compatibility with the 
                        employing office;

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

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

                                (A) the House of Representatives;

                                (B) the Senate; or

                                (C) a joint committee of the Congress;

                            (3) an employee on the staff of a Member of 
                        the House of Representatives or on the staff of 
                        a Senator;
                            (4) an officer of the House of 
                        Representatives or the Senate or a congressional 
                        employee who is elected by the House of 
                        Representatives or Senate or is appointed by a 
                        Member of the House of Representatives or by a 
                        Senator (in addition an employee described in 
                        paragraph (1), (2), or (3)); or
                            (5) an applicant for a position that is to 
                        be occupied by an individual described in any of 
                        paragraphs (1) through (4). (Pub.L. 104-1, Title 
                        V, Sec. 502, Jan. 23, 1995, 109 Stat. 39.)
       789  Sec. 1433. Nondiscrimination rules of the House and Senate.
                The Select Committee on Ethics of the Senate and the 
            Committee on Standards of Official Conduct of the House of 
            Representatives retain full power, in accordance with the 
            authority provided to them by the Senate and the House, with 
            respect to the discipline of Members, officers, and 
            employees for violating rules of the Senate and the House on 
            nondiscrimination in employment. (Pub.L. 104-1, Title V, 
            Sec. 503, Jan. 23, 1995, 109 Stat. 40.)
       790  Sec. 1434. Judicial branch coverage study.
                The Judicial Conference of the United States shall 
            prepare a report for submission by the Chief Justice of the 
            United States to the Congress on the application to the 
            judicial branch of the Federal Government of--
                            (1) the Fair Labor Standards Act of 1938 (29 
                        U.S.C. 201 et seq.);
                            (2) Title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.);
                            (3) the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            (4) the Age Discrimination in Employment Act 
                        of 1967 (29 U.S.C. 621 et seq.);
                            (5) the Family and Medical Leave Act of 1993 
                        (29 U.S.C. 2611 et seq.);
                            (6) the Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.);
                            (7) chapter 71 (relating to Federal service 
                        labor-management relations) of Title 5;
                            (8) the Employee Polygraph Protection Act of 
                        1988 (29 U.S.C. 2001 et seq.);

[[Page 688]]

                            (9) the Worker Adjustment and Retraining 
                        Notification Act (29 U.S.C. 2101 et seq.);
                            (10) the Rehabilitation Act of 1973 (29 
                        U.S.C. 701 et seq.); and
                            (11) chapter 43 (relating to veterans' 
                        employment and reemployment) of Title 38.
                The report shall be submitted to Congress not later than 
            December 31, 1996, and shall include any recommendations the 
            Judicial Conference may have for legislation to provide to 
            employees of the judicial branch the rights, protections, 
            and procedures under the listed laws, including 
            administrative and judicial relief, that are comparable to 
            those available to employees of the legislative branch under 
            subchapter I through IV of this chapter. (Pub.L. 104-1, 
            Title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)
       791  Sec. 1435. Savings provisions.
            (a) Transition provisions for employees of the House of 
                Representatives and of the Senate
                (1) Claims arising before effective date
                            If, as of the date on which section 1311 of 
                        this title takes effect, an employee of the 
                        Senate or the House of Representatives has or 
                        could have requested counseling under section 
                        305 of the Government Employees Rights Act of 
                        1991 (2 U.S.C. 1205) or Rule LI of the House of 
                        Representatives, including counseling for 
                        alleged violations of family and medical leave 
                        rights under subchapter V of chapter 28 of Title 
                        29, the employee may complete, or initiate and 
                        complete, all procedures under chapter 23 of 
                        this title and Rule LI, and the provisions of 
                        that chapter and Rule shall remain in effect 
                        with respect to, and provide the exclusive 
                        procedures for, those claims until the 
                        completion of all such procedures.
                (2) Claims arising between effective date and opening of 
            office
                            If a claim by an employee of the Senate or 
                        House of Representatives arises under section 
                        1311 or 1312 of this title after January 23, 
                        1995, but before the opening of the Office for 
                        receipt of requests for counseling or mediation 
                        under sections 1402 and 1403 of this title, the 
                        provisions of chapter 23 of this title and Rule 
                        LI of the House of Representatives relating to 
                        counseling and mediation shall remain in effect, 
                        and the employee may complete under that Act or 
                        Rule the requirements for counseling and 
                        mediation under sections 1402 and 1403 of this 
                        title. If, after counseling and mediation is 
                        completed, the Office has not yet opened for the 
                        filing of a timely complaint under section 1405 
                        of this title, the employee may elect--

                                (A) to file a complaint under section 
                            307 of the Government Employees Rights Act 
                            of 1991 (2 U.S.C. 1207) or Rule LI of the 
                            House of Representatives, and thereafter 
                            proceed exclusively under that Act or Rule, 
                            the provisions of which shall remain in 
                            effect until the completion of all 
                            proceedings in relation to the complaint, or

                                (B) to commence a civil action under 
                            section 1408 of this title.

                (3) Section 1207a of this title
                            With respect to payments of awards and 
                        settlements relating to Senate employees under 
                        paragraph (1) of this subsection, section 1207a 
                        of this title remains in effect.

[[Page 689]]

            (b) Transition provisions for employees of the Architect of 
                the Capitol
                (1) Claims arising before effective date
                            If, as of January 23, 1995, an employee of 
                        the Architect of the Capitol has or could have 
                        filed a charge or complaint regarding an alleged 
                        violation of section 166b-7(e)(2) of Title 40, 
                        the employee may complete, or initiate and 
                        complete, all procedures under section 166b-7(e) 
                        Title 40, the provisions of which shall remain 
                        in effect with respect to, and provide the 
                        exclusive procedures for, that claim until the 
                        completion of all such procedures.
                (2) Claims arising between effective date and opening of 
            office
                            If a claim by an employee of the Architect 
                        of the Capitol arises under section 1311 or 1312 
                        of this title after January 23, 1995, but before 
                        the opening of the Office for receipt of 
                        requests for counseling or mediation under 
                        sections 1402 and 1403 of this title, the 
                        employee may satisfy the requirements for 
                        counseling and mediation by exhausting the 
                        requirements prescribed by the Architect of the 
                        Capitol in accordance with section 166b-7(e)(3) 
                        of Title 40. If, after exhaustion of those 
                        requirements the Office has not yet opened for 
                        the filing of a timely complaint under section 
                        1405 of this title, the employee may elect--

                                (A) to file a charge with the General 
                            Accounting Office Personnel Appeals Board\1\ 
                            pursuant to section 166b-7(e)(3) of Title 
                            40, and thereafter proceed exclusively under 
                            section 166b-7(e) of Title 40, the 
                            provisions of which shall remain in effect 
                            until the completion of all proceedings in 
                            relation to the charge, or

                \1\ The General Accounting Office is now the Government 
                Accountability Office.

                                (B) to commence a civil action under 
                            section 1408 of this title.

            (c) Transition provision relating to matters other than 
                employment under section 12209 of Title 42
                            With respect to matters other than 
                        employment under section 12209 of Title 42, the 
                        rights, protections, remedies, and procedures of 
                        section 12209 of Title 42 shall remain in effect 
                        until section 1331 of this Title takes effect 
                        with respect to each of the entities covered by 
                        section 12209 of this title. (Pub.L. 104-1, 
                        Title V, Sec. 506, Jan. 23, 1995, 109 Stat. 42.)
       792  Sec. 1436. Repealed (Pub.L. 106-57, Title III, Sec. 313, 
                Sept. 29, 1999, 113 Stat. 428).
       793

  

            Sec. 1437. Sense of Senate regarding adoption of simplified 
                and streamlined acquisition procedures for Senate 
                acquisitions.
                It is the sense of the Senate that the Committee on 
            Rules and Administration of the Senate should review the 
            rules applicable to purchases by Senate offices to determine 
            whether they are consistent with the acquisition 
            simplification and streamlining laws enacted in chapter 4 of 
            Title 41. (Pub.L. 104-1, Title V, Sec. 508, Jan. 23, 1995, 
            109 Stat. 44.)
       794  Sec. 1438. Severability.
                If any provision of this chapter or the application of 
            such provision to any person or circumstance is held to be 
            invalid, the remainder of this chapter and the application 
            of the provisions of the remainder

[[Page 690]]

            to any person or circumstance shall not be affected thereby. 
            (Pub.L. 104-1, Title V, Sec. 509, Jan. 23, 1995, 109 Stat. 
            44.)
            
                        Chapter 25.--UNFUNDED MANDATES REFORM

       795  Sec. 1501. Purposes.
                The purposes of this chapter are--
                            (1) to strengthen the partnership between 
                        the Federal Government and State, local, and 
                        tribal governments;
                            (2) to end the imposition, in the absence of 
                        full consideration by Congress, of Federal 
                        mandates on State, local, and tribal governments 
                        without adequate Federal funding, in a manner 
                        that may displace other essential State, local, 
                        and tribal governmental priorities;
                            (3) to assist Congress in its consideration 
                        of proposed legislation establishing or revising 
                        Federal programs containing Federal mandates 
                        affecting State, local, and tribal governments, 
                        and the private sector by--

                                (A) providing for the development of 
                            information about the nature and size of 
                            mandates in proposed legislation; and

                                (B) establishing a mechanism to bring 
                            such information to the attention of the 
                            Senate and the House of Representatives 
                            before the Senate and the House of 
                            Representatives vote on proposed 
                            legislation;

                            (4) to promote informed and deliberate 
                        decisions by Congress on the appropriateness of 
                        Federal mandates in any particular instance;
                            (5) to require that Congress consider 
                        whether to provide funding to assist State, 
                        local, and tribal governments in complying with 
                        Federal mandates, to require analyses of the 
                        impact of private sector mandates, and through 
                        the dissemination of that information provide 
                        informed and deliberate decisions by Congress 
                        and Federal agencies and retain competitive 
                        balance between the public and private sectors;
                            (6) to establish a point-of-order vote on 
                        the consideration in the Senate and House of 
                        Representatives of legislation containing 
                        significant Federal intergovernmental mandates 
                        without providing adequate funding to comply 
                        with such mandates;
                            (7) to assist Federal agencies in their 
                        consideration of proposed regulations affecting 
                        State, local, and tribal governments, by--

                                (A) requiring that Federal agencies 
                            develop a process to enable the elected and 
                            other officials of State, local, and tribal 
                            governments to provide input when Federal 
                            agencies are developing regulations; and

                                (B) requiring that Federal agencies 
                            prepare and consider estimates of the 
                            budgetary impact of regulations containing 
                            Federal mandates upon State, local, and 
                            tribal governments and the private sector 
                            before adopting such regulations, and 
                            ensuring that small governments are given 
                            special consideration in that process; and

                            (8) to begin consideration of the effect of 
                        previously imposed Federal mandates, including 
                        the impact on State, local, and tribal 
                        governments of Federal court interpretations of 
                        Federal statutes and regulations that impose 
                        Federal intergovernmental mandates. (Pub.L. 104-
                        4, Sec. 2, Mar. 22, 1995, 109 Stat. 48.)

[[Page 691]]


       796  Sec. 1502. Definitions.
                For purposes of this chapter--
                            (1) except as provided in section 1555 of 
                        this title, the terms defined under section 658 
                        of this title shall have the meanings as so 
                        defined; and
                            (2) the term ``Director'' means the Director 
                        of the Congressional Budget Office. (Pub.L. 104-
                        4, Sec. 3, Mar. 22, 1995, 109 Stat. 49.)
       797  Sec. 1503. Exclusions.
                This chapter shall not apply to any provision in a bill, 
            joint resolution, amendment, motion, or conference report 
            before Congress and any provision in a proposed or final 
            Federal regulation that--
                            (1) enforces constitutional rights of 
                        individuals;
                            (2) establishes or enforces any statutory 
                        rights that prohibit discrimination on the basis 
                        of race, color, religion, sex, national origin, 
                        age, handicap, or disability;
                            (3) requires compliance with accounting and 
                        auditing procedures with respect to grants or 
                        other money or property provided by the Federal 
                        Government;
                            (4) provide for emergency assistance or 
                        relief at the request of any State, local, or 
                        tribal government or any official of a State, 
                        local, or tribal government;
                            (5) is necessary for the national security 
                        or the ratification or implementation of 
                        international treaty obligations;
                            (6) the President designates as emergency 
                        legislation and that the Congress so designates 
                        in statute; or
                            (7) relates to the old-age, survivors, and 
                        disability insurance program under subchapter II 
                        of chapter 7 of Title 42 (including taxes 
                        imposed by sections 3101(a) and 3111(a) of Title 
                        26 (relating to old-age, survivors, and 
                        disability insurance)). (Pub.L. 104-4, Sec. 4, 
                        Mar. 22, 1995, 109 Stat. 49.)
       798  Sec. 1504. Agency assistance.
                Each agency shall provide to the Director such 
            information and assistance as the Director may reasonably 
            request to assist the Director in carrying out this chapter. 
            (Pub.L. 104-4, Sec. 5, Mar. 22, 1995, 109 Stat. 50.)
            
                Subchapter I.--Legislative Accountability and Reform

       799  Sec. 1511. Cost of regulations.
            (a) Sense of the Congress
                It is the sense of the Congress that Federal agencies 
            should review and evaluate planned regulations to ensure 
            that the cost estimates provided by the Congressional Budget 
            Office will be carefully considered as regulations are 
            promulgated.
            (b) Statement of cost
                At the request of a committee chairman or ranking 
            minority member, the Director shall, to the extent 
            practicable, prepare a comparison between--
                            (1) an estimate by the relevant agency, 
                        prepared under section 1532 of this title, of 
                        the costs of regulations implementing an Act 
                        containing a Federal mandate; and

[[Page 692]]

                            (2) the cost estimate prepared by the 
                        Congressional Budget Office for such Act when it 
                        was enacted by the Congress.
            (c) Cooperation of Office of Management and Budget
                At the request of the Director of the Congressional 
            Budget Office, the Director of the Office of Management and 
            Budget shall provide data and cost estimates for regulations 
            implementing an Act containing a Federal mandate covered by 
            part B of Title IV of the Congressional Budget and 
            Impoundment Control Act of 1974 (2 U.S.C. 658 et seq.). 
            (Pub.L. 104-4, Title I, Sec. 103, Mar. 22, 1995, 109 Stat. 
            62.)
                                   Effective Date
                Section 110 of Pub.L. 104-4 provided that: ``This title 
            [enacting this subchapter and part B of subchapter II of 
            chapter 17a of this title, and amending sections 602, 632, 
            653 of this title] shall take effect on January 1, 1996 or 
            on the date 90 days after appropriations are made available 
            as authorized under section 109, whichever is earlier and 
            shall apply to legislation considered on and after such 
            date.''
       800  Sec. 1512. Consideration for Federal funding.
                Nothing in this chapter shall preclude a State, local, 
            or tribal government that already complies with all or part 
            of the Federal intergovernmental mandates included in the 
            bill, joint resolution, amendment, motion, or conference 
            report from consideration for Federal funding under section 
            658d(a)(2) of this title for the cost of the mandate, 
            including the costs the State, local, or tribal government 
            is currently paying and any additional costs necessary to 
            meet the mandate. (Pub.L. 104-4, Title I, Sec. 105, Mar. 22, 
            1995, 109 Stat. 62.)
       801  Sec. 1513. Impact on local governments.
            (a) Findings
                The Senate finds that--
                            (1) the Congress should be concerned about 
                        shifting costs from Federal to State and local 
                        authorities and should be equally concerned 
                        about the growing tendency of States to shift 
                        costs to local governments;
                            (2) cost shifting from States to local 
                        governments has, in many instances, forced local 
                        governments to raise property taxes or curtail 
                        sometimes essential services; and
                            (3) increases in local property taxes and 
                        cuts in essential services threaten the ability 
                        of many citizens to attain and maintain the 
                        American dream of owning a home in a safe, 
                        secure community.
            (b) Sense of the Senate
                It is the sense of the Senate that--
                            (1) the Federal Government should not shift 
                        certain costs to the State, and States should 
                        end the practice of shifting costs to local 
                        governments, which forces many local governments 
                        to increase property taxes;
                            (2) States should end the imposition, in the 
                        absence of full consideration by their 
                        legislatures, of State issued mandates on local 
                        governments without adequate State funding, in a 
                        manner that may displace other essential 
                        government priorities; and
                            (3) one primary objective of this chapter 
                        and other efforts to change the relationship 
                        among Federal, State, and local govern

[[Page 693]]

                        ments should be to reduce taxes and spending at 
                        all levels and to end the practice of shifting 
                        costs from one level of government to another 
                        with little or no benefit to taxpayers. (Pub.L. 
                        104-4, Title I, Sec. 106, Mar. 22, 1995, 109 
                        Stat. 63.)
       802  Sec. 1514. Enforcement in the House of Representatives.
            (a) Omitted.
            (b) Committee on Rules Reports on Waived Points of Order
                The Committee on Rules shall include in the report 
            required by clause 1(d) of rule XI (relating to its 
            activities during the Congress) of the Rules of the House of 
            Representatives a separate item identifying all waivers of 
            points of order relating to Federal mandates, listed by bill 
            or joint resolution number and the subject matter of that 
            measure. (Pub.L. 104-4, Title I, Sec. 107, Mar. 22, 1995, 
            109 Stat. 63.)
       803  Sec. 1515. Exercise of rulemaking powers.
                The provisions of sections 658 to 658g and 1514 of this 
            title are enacted by Congress--
                            (1) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives, 
                        respectively, and as such they shall be 
                        considered as part of the rules of such House, 
                        respectively, and such rules shall supersede 
                        other rules only to the extent that they are 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of either House to change 
                        such rules (so far as relating to such House) at 
                        any time, in the same manner, and to the same 
                        extent as in the case of any other rule of each 
                        House. (Pub.L. 104-4, Title I, Sec. 108, Mar. 
                        22, 1995, 109 Stat. 63.)
       804  Sec. 1516. Authorization of appropriations.
                There are authorized to be appropriated to the 
            Congressional Budget Office $4,500,000 for each of the 
            fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to 
            carry out the provisions of this subchapter. (Pub.L. 104-4, 
            Title I, Sec. 109, Mar. 22, 1995, 109 Stat. 64.)
            
                Subchapter II.--Regulatory Accountability and Reform

       805  Sec. 1531. Regulatory process.
                Each agency shall, unless otherwise prohibited by law, 
            assess the effects of Federal regulatory actions on State, 
            local, and tribal governments, and the private sector (other 
            than to the extent that such regulations incorporate 
            requirements specifically set forth in law). (Pub.L. 104-4, 
            Title II, Sec. 201, Mar. 22, 1995, 109 Stat. 64.)
       806  Sec. 1532. Statements to accompany significant regulatory 
                actions.
            (a) In general
                Unless otherwise prohibited by law, before promulgating 
            any general notice of proposed rulemaking that is likely to 
            result in promulgation of any rule that includes any Federal 
            mandate that may result in the expenditure by State, local, 
            and tribal governments, in the aggregate, or by the private 
            sector, of $100,000,000 or more (adjusted annually for 
            inflation) in any 1 year, and before promulgating any final 
            rule for which a general notice of proposed rulemaking was 
            published, the agency shall prepare a written statement 
            containing--

[[Page 694]]

                            (1) an identification of the provision of 
                        Federal law under which the rule is being 
                        promulgated;
                            (2) a qualitative and quantitative 
                        assessment of the anticipated costs and benefits 
                        of the Federal mandate, including the costs and 
                        benefits to State, local, and tribal governments 
                        or the private sector, as well as the effect of 
                        the Federal mandate of health, safety, and the 
                        natural environment and such an assessment shall 
                        include--

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

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

                            (3) estimates by the agency, if and to the 
                        extent that the agency determines that accurate 
                        estimates are reasonably feasible, of--

                                (A) the future compliance costs of the 
                            Federal mandate; and

                                (B) any disproportionate budgetary 
                            effects of the Federal mandate upon any 
                            particular regions of the nation or 
                            particular State, local, or tribal 
                            governments, urban or rural or other types 
                            of communities, or particular segments of 
                            the private sector;

                            (4) estimates by the agency of the effect on 
                        the national economy, such as the effect on 
                        productivity, economic growth, full employment, 
                        creation of productive jobs, and international 
                        competitiveness of United States goods and 
                        services, if and to the extent that the agency 
                        in its sole discretion determines that accurate 
                        estimates are reasonably feasible and that such 
                        effect is relevant and material; and
                            (5)(A) a description of the extent of the 
                        agency's prior consultation with elected 
                        representatives (under section 1534 of this 
                        title) of the affected State, local, and tribal 
                        governments;
                            (B) a summary of the comments and concerns 
                        that were presented by State, local, or tribal 
                        governments either orally or in writing to the 
                        agency; and
                            (C) a summary of the agency's evaluation of 
                        those comments and concerns.
            (b) Promulgation
                In promulgating a general notice of proposed rulemaking 
            or a final rule for which a statement under subsection (a) 
            of this section is required, the agency shall include in the 
            promulgation a summary of the information contained in the 
            statement.
            (c) Preparation in conjunction with other statement
                Any agency may prepare any statement required under 
            subsection (a) of this section in conjunction with or as 
            part of any other statement or analysis, provided that the 
            statement or analysis satisfies the provisions of subsection 
            (a) of this section. (Pub.L. 104-4, Title II, Sec. 202, Mar. 
            22, 1995, 109 Stat. 64.)

                               2 u.s.c.--the congress

                    generalandpermanentlawsrelatingtothesenate   

       807  Sec. 1533. Small government agency plan.
            (a) Effects on small governments
                Before establishing any regulatory requirements that 
            might significantly or uniquely affect small governments, 
            agencies shall have developed a plan under which the agency 
            shall--

[[Page 695]]

                            (1) provide notice of the requirements to 
                        potentially affected small governments, if any;
                            (2) enable officials of affected small 
                        governments to provide meaningful and timely 
                        input in the development of regulatory proposals 
                        containing significant Federal intergovernmental 
                        mandates; and
                            (3) inform, educate, and advise small 
                        governments on compliance with the requirements.
            (b) Authorization of appropriations
                There are authorized to be appropriated to each agency, 
            to carry out the provisions of this section and for no other 
            purpose, such sums as are necessary. (Pub.L. 104-4, Title 
            II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)
       808  Sec. 1534. State, local, and tribal government input.
            (a) In general
                Each agency shall, to the extent permitted in law, 
            develop an effective process to permit elected officers of 
            State, local, and tribal governments (or their designated 
            employees with authority to act on their behalf) to provide 
            meaningful and timely input in the development of regulatory 
            proposals containing significant Federal intergovernmental 
            mandates.
            (b) Meetings between State, local, tribal and Federal 
                officers
                The Federal Advisory Committee Act (5 U.S.C. App.) shall 
            not apply to actions in support of intergovernmental 
            communications where--
                            (1) meetings are held exclusively between 
                        Federal officials and elected officers of State, 
                        local, and tribal governments (or their 
                        designated employees with authority to act on 
                        their behalf) acting in their official 
                        capacities; and
                            (2) such meetings are solely for the 
                        purposes of exchanging views, information, or 
                        advice relating to the management or 
                        implementation of Federal programs established 
                        pursuant to public law that explicitly or 
                        inherently share intergovernmental 
                        responsibilities or administration.
            (c) Implementing guidelines
                No later than 6 months after March 22, 1995, the 
            President shall issue guidelines and instructions to Federal 
            agencies for appropriate implementation of subsections (a) 
            and (b) of this section consistent with applicable laws and 
            regulations. (Pub.L. 104-4, Title II, Sec. 204, Mar. 22, 
            1995, 109 Stat. 65.)
       809  Sec. 1535. Least burdensome option or explanation required.
            (a) In general
                Except as provided in subsection (b) of this section, 
            before promulgating any rule for which a written statement 
            is required under section 1532 of this title, the agency 
            shall identify and consider a reasonable number of 
            regulatory alternatives and from those alternatives select 
            the least costly, most cost-effective or least burdensome 
            alternative that achieves the objectives of the rule, for--
                            (1) State, local, and tribal governments, in 
                        the case of a rule containing a Federal 
                        intergovernmental mandate; and
                            (2) the private sector, in the case of a 
                        rule containing a Federal private sector 
                        mandate.

[[Page 696]]

            (b) Exception
                The provisions of subsection (a) of this section shall 
            apply unless--
                            (1) the head of the affected agency 
                        publishes with the final rule an explanation of 
                        why the least costly, most cost-effective or 
                        least burdensome method of achieving the 
                        objectives of the rule was not adopted; or
                            (2) the provisions are inconsistent with 
                        law.
            (c) OMB certification
                No later than 1 year after March 22, 1995, the Director 
            of the Office of Management and Budget shall certify to 
            Congress, with a written explanation, agency compliance with 
            this section and include in that certification agencies and 
            rulemakings that fail to adequately comply with this 
            section. (Pub.L. 104-4, Title II, Sec. 205, Mar. 22, 1995, 
            109 Stat. 66.)
       810  Sec. 1536. Assistance to the Congressional Budget Office.
                The Director of the Office of Management and Budget 
            shall--
                            (1) collect from agencies the statements 
                        prepared under section 1532 of this title; and
                            (2) periodically forward copies of such 
                        statements to the Director of the Congressional 
                        Budget Office on a reasonably timely basis after 
                        promulgation of the general notice of proposed 
                        rulemaking or of the final rule for which the 
                        statement was prepared. (Pub.L. 104-4, Title II, 
                        Sec. 206, Mar. 22, 1995, 109 Stat. 66.)
       811  Sec. 1537. Pilot program on small government flexibility.
            (a) In general
                The Director of the Office of Management and Budget, in 
            consultation with Federal agencies, shall establish pilot 
            programs in at least two agencies to test innovative, and 
            more flexible regulatory approaches that--
                            (1) reduce reporting and compliance burdens 
                        on small governments; and
                            (2) meet overall statutory goals and 
                        objectives.
            (b) Program focus
                The pilot programs shall focus on rules in effect or 
            proposed rules, or a combination thereof. (Pub.L. 104-4, 
            Title II, Sec. 207, Mar. 22, 1995, 109 Stat. 67.)
       812  Sec. 1538. Annual statements to Congress on agency 
                compliance.
                No later than 1 year after March 22, 1995, and annually 
            thereafter, the Director of the Office of Management and 
            Budget shall submit to the Congress, including the Committee 
            on Governmental Affairs of the Senate and the Committee on 
            Government Reform and Oversight of the House of 
            Representatives, a written report detailing compliance by 
            each agency during the preceding reporting period with the 
            requirements of this subchapter. (Pub.L. 104-4, Title II, 
            Sec. 208, Mar. 22, 1995, 109 Stat. 67.)

[[Page 697]]



            
                     Subchapter III.--Review of Federal Mandates

       813  Sec. 1551. Baseline study of costs and benefits.
            (a) In general
                No later than 18 months after March 22, 1995, the 
            Advisory Commission on Intergovernmental Relations 
            (hereafter in this title referred to as the ``Advisory 
            Commission''), in consultation with the Director, shall 
            complete a study to examine the measurement and definition 
            issues involved in calculating the total costs and benefits 
            to State, local, and tribal governments of compliance with 
            Federal law.
            (b) Considerations
                The study required by this sections shall consider--
                            (1) the feasibility of measuring indirect 
                        costs and benefits as well as direct costs and 
                        benefits of the Federal, State, local, and 
                        tribal relationship; and
                            (2) how to measure both the direct and 
                        indirect benefits of Federal financial 
                        assistance and tax benefits to State, local, and 
                        tribal governments. (Pub.L. 104-4, Title III, 
                        Sec. 301, Mar. 22, 1995, 109 Stat. 67.)
       814  Sec. 1552. Report on Federal mandates by Advisory Commission 
                on Intergovernmental Relations.
            (a) In general
                The Advisory Commission on Intergovernmental Relations 
            shall in accordance with this section--
                            (1) investigate and review the role of 
                        Federal mandates in intergovernmental relations 
                        and their impact on State, local, tribal, and 
                        Federal government objectives and 
                        responsibilities, and their impact on the 
                        competitive balance between State, local, and 
                        tribal governments, and the private sector and 
                        consider views of and the impact on working men 
                        and women on those same matters;
                            (2) investigate and review the role of 
                        unfunded State mandates imposed on local 
                        governments;
                            (3) make recommendations to the President 
                        and the Congress regarding--

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

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

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

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

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

[[Page 698]]

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

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

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

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

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

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

            (b) Criteria
                (1) In general
                            The Commission shall establish criteria for 
                        making recommendations under subsection (a) of 
                        this section.
                (2) Issuance of proposed criteria
                            The Commission shall issue proposed criteria 
                        under this subsection no later than 60 days 
                        after March 22, 1995, and thereafter provide a 
                        period of 30 days for submission by the public 
                        of comments on the proposed criteria.
                (3) Final criteria
                            No later than 45 days after the date of 
                        issuance of proposed criteria, the Commission 
                        shall--

                                (A) consider comments on the proposed 
                            criteria received under paragraph (2);

                                (B) adopt and incorporate in final 
                            criteria any recommendations submitted in 
                            those comments that the Commission 
                            determines will aid the Commission in 
                            carrying out its duties under this section; 
                            and

                                (C) issue final criteria under this 
                            subsection.

            (c) Preliminary report
                (1) In general
                            No later than 9 months after March 22, 1995, 
                        the Commission shall--

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

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

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

                (2) Public hearings

[[Page 699]]

                            The Commission shall hold public hearings on 
                        the preliminary recommendations contained in the 
                        preliminary report of the Commission under this 
                        subsection.
            (d) Final report
                No later than 3 months after the date of the publication 
            of the preliminary report under subsection (c) of this 
            section, the Commission shall submit to the Congress, 
            including the Committee on Government Reform and Oversight 
            of the House of Representatives, the Committee on 
            Governmental Affairs of the Senate, the Committee on the 
            Budget of the Senate, and the Committee on the Budget of the 
            House of Representatives, and to the President a final 
            report on the findings, conclusions, and recommendations of 
            the Commission under this section.
            (e) Priority to mandates that are subject of judicial 
                proceedings
                In carrying out this section, the Advisory Commission 
            shall give the highest priority to immediately 
            investigating, reviewing, and making recommendations 
            regarding Federal mandates that are the subject of judicial 
            proceedings between the United States and a State, local, or 
            tribal government.
            (f) Definition
                For purposes of this section the term ``State mandate'' 
            means any provision in a State statute or regulation that 
            imposes an enforceable duty on local governments, the 
            private sector, or individuals, including a condition of 
            State assistance or a duty arising from participation in a 
            voluntary State program. (Pub.L. 104-4, Title III, Sec. 302, 
            Mar. 22, 1995, 109 Stat. 67.)
       815  Sec. 1553. Special authorities of Advisory Commission.
            (a) Experts and consultants
                For purposes of carrying out this subchapter, the 
            Advisory Commission may procure temporary and intermittent 
            services of experts or consultants under section 3109(b) of 
            title 5.
            (b) Detail of staff of Federal agencies
                Upon request of the Executive Director of the Advisory 
            Commission, the head of any Federal department or agency may 
            detail, on a reimbursable basis, any of the personnel of 
            that department or agency to the Advisory Commission to 
            assist it in carrying out this subchapter.
            (c) Administrative support services
                Upon the request of the Advisory Commission, the 
            Administrator of General Services shall provide to the 
            Advisory Commission, on a reimbursable basis, the 
            administrative support services necessary for the Advisory 
            Commission to carry out its duties under this subchapter.
            (d) Contract authority
                The Advisory Commission may, subject to appropriations, 
            contract with and compensate government and private persons 
            (including agencies) for property and services used to carry 
            out its duties under this subchapter. (Pub.L. 104-4, Title 
            III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)

[[Page 700]]


       816  Sec. 1554. Annual report to Congress regarding Federal court 
                rulings.
                No later than 4 months after March 22, 1995, and no 
            later than March 15 of each year thereafter, the Advisory 
            Commission on Intergovernmental Relations shall submit to 
            the Congress, including the Committee on Government Reform 
            and Oversight of the House of Representatives and the 
            Committee on Governmental Affairs of the Senate, and to the 
            President a report describing any Federal court case to 
            which a State, local, or tribal government was a party in 
            the preceding calendar year that required such State, local, 
            or tribal government to undertake responsibilities or 
            activities, beyond those such government would otherwise 
            have undertaken, to comply with Federal statutes and 
            regulations. (Pub.L. 104-4, Title III, Sec. 304, Mar. 22, 
            1995, 109 Stat. 70.)
       817  Sec. 1555. Definition.
                Notwithstanding section 1502 of this title, for purposes 
            of this subchapter the term ``Federal mandate'' means any 
            provision in statute or regulation or any Federal court 
            ruling that imposes an enforceable duty upon State, local, 
            or tribal governments including a condition of Federal 
            assistance or a duty arising from participation in a 
            voluntary Federal program. (Pub.L. 104-4, Title III, 
            Sec. 305, Mar. 22, Stat. 70.)
       818  Sec. 1556. Authorization of appropriations.
                There are authorized to be appropriated to the Advisory 
            Commission to carry out section 1551 and section 1552 of 
            this title, $500,000 for each of fiscal years 1995 and 1996. 
            (Pub.L. 104-4, Title III, Sec. 306, Mar. 22, 1995, 109 Stat. 
            70.)
            
                           Subchapter IV.--Judicial Review

       819  Sec. 1571. Judicial review.
            (a) Agency statements on significant regulatory actions
                (1) In general
                            Compliance or noncompliance by any agency 
                        with the provisions of sections 1532 and 1533(a) 
                        (1) and (2) of this title shall be subject to 
                        judicial review only in accordance with this 
                        section.
                (2) Limited review of agency compliance or noncompliance
                            (A) Agency compliance or noncompliance with 
                        the provisions of sections 1532 and 1533(a) (1) 
                        and (2) of this title shall be subject to 
                        judicial review only under section 706(1) of 
                        title 5, and only as provided under subparagraph 
                        (B).
                            (B) If an agency fails to prepare the 
                        written statement (including the preparation of 
                        the estimates, analyses, statements, or 
                        descriptions) under section 1532 of this title 
                        or the written plan under section 1533(a) (1) 
                        and (2) of this title, a court may compel the 
                        agency to prepare such written statement.
                (3) Review of agency rules
                            In any judicial review under any other 
                        Federal law of an agency rule for which a 
                        written statement or plan is required under 
                        sections 1532 and 1533(a) (1) and (2) of this 
                        title, the inadequacy or failure to prepare such 
                        statement (including the inadequacy or failure 
                        to prepare any estimate, analysis, statement or 
                        description) or written plan shall not be used 
                        as a basis for staying, enjoining, invalidating 
                        or otherwise affecting such agency rule.

[[Page 701]]

                (4) Certain information as part of record
                            Any information generated under sections 
                        1532 and 1533(a) (1) and (2) of this title that 
                        is part of the rulemaking record for judicial 
                        review under the provisions of any other Federal 
                        law may be considered as part of the record for 
                        judicial review conducted under such other 
                        provisions of Federal law.
                (5) Application of other Federal law
                            For any petition under paragraph (2) the 
                        provisions of such other Federal law shall 
                        control all other matters, such as exhaustion of 
                        administrative remedies, the time for and manner 
                        of seeking review and venue, except that if such 
                        other Federal law does not provide a limitation 
                        on the time for filing a petition for judicial 
                        review that is less than 180 days, such 
                        limitation shall be 180 days after a final rule 
                        is promulgated by the appropriate agency.
                (6) Effective date
                            This subsection shall take effect on October 
                        1, 1995, and shall apply only to any agency rule 
                        for which a general notice of proposed 
                        rulemaking is promulgated on or after such date.
            (b) Judicial review and rule of construction
                Except as provided in subsection (a) of this section--
                            (1) any estimate, analysis, statement, 
                        description or report prepared under this 
                        chapter, and any compliance or noncompliance 
                        with the provisions of this chapter, and any 
                        determination concerning the applicability of 
                        the provisions of this chapter shall not be 
                        subject to judicial review; and
                            (2) no provision of this chapter shall be 
                        construed to create any right or benefit, 
                        substantive or procedural, enforceable by any 
                        person in any administrative or judicial action. 
                        (Pub.L. 104-4, Title IV, Sec. 401, Mar. 22, 
                        1995, 109 Stat. 70.)
            
                   Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES

       820  Sec. 1601. Findings.
                The Congress finds that--
                            (1) responsible representative Government 
                        requires public awareness of the efforts of paid 
                        lobbyists to influence the public decision-
                        making process in both the legislative and 
                        executive branches of the Federal Government;
                            (2) existing lobbying disclosure statutes 
                        have been ineffective because of unclear 
                        statutory language, weak administrative and 
                        enforcement provisions, and an absence of clear 
                        guidance as to who is required to register and 
                        what they are required to disclose; and
                            (3) the effective public disclosure of the 
                        identity and extent of the efforts of paid 
                        lobbyists to influence Federal officials in the 
                        conduct of Government actions will increase 
                        public confidence in the integrity of 
                        Government. (Pub.L. 104-65, Sec. 2, Dec. 19, 
                        1995, 109 Stat. 691.)
       821  Sec. 1602. Definitions.
                As used in this chapter:
                            (1) Agency

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

[[Page 702]]

                            (2) Client

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

                            (3) Covered executive branch official

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

                                        (A) the President;

                                        (B) the Vice President;

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

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

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

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

                            (4) Covered legislative branch official

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

                                        (A) a Member of Congress;

                                        (B) an elected officer of either 
                                    House of Congress;

                                        (C) any employee of, or any 
                                    other individual functioning in the 
                                    capacity of an employee of--

                                                (i) a Member of 
                                            Congress;
                                                (ii) a committee of 
                                            either House of Congress;
                                                (iii) the leadership 
                                            staff of the House of 
                                            Representatives or the 
                                            leadership staff of the 
                                            Senate;
                                                (iv) a joint committee 
                                            of Congress; and
                                                (v) a working group or 
                                            caucus organized to provide 
                                            legislative services or 
                                            other assistance to Members 
                                            of Congress; and

                                        (D) any other legislative branch 
                                    employee serving in a position 
                                    described under section 109(13) of 
                                    the Ethics in Government Act of 1978 
                                    (5 U.S.C. App.).

                            (5) Employee

                                The term ``employee'' means any 
                            individual who is an officer, employee, 
                            partner, director, or proprietor of a person 
                            or entity, but does not include--

                                        (A) independent contractors; or

                                        (B) volunteers who receive no 
                                    financial or other compensation from 
                                    the person or entity for their 
                                    services.

                            (6) Foreign entity

[[Page 703]]

                                The term ``foreign entity'' means a 
                            foreign principal (as defined in section 
                            1(b) of the Foreign Agents Registration Act 
                            of 1938 (22 U.S.C. 611(b)).

                            (7) Lobbying activities

                                The term ``lobbying activities'' means 
                            lobbying contacts and efforts in support of 
                            such contacts, including preparation and 
                            planning activities, research and other 
                            background work that is intended, at the 
                            time it is performed, for use in contacts, 
                            and coordination with the lobbying 
                            activities of others.

                            (8) Lobbying contact

                                (A) Definition

                                        The term ``lobbying contact'' 
                                    means any oral or written 
                                    communication (including an 
                                    electronic communication) to a 
                                    covered executive branch official or 
                                    a covered legislative branch 
                                    official that is made on behalf of a 
                                    client with regard to--

                                                (i) the formulation, 
                                            modification, or adoption of 
                                            Federal legislation 
                                            (including legislative 
                                            proposals);
                                                (ii) the formulation, 
                                            modification, or adoption of 
                                            a Federal rule, regulation, 
                                            Executive order, or any 
                                            other program, policy, or 
                                            position of the United 
                                            States Government;
                                                (iii) the administration 
                                            or execution of a Federal 
                                            program or policy (including 
                                            the negotiation, award, or 
                                            administration of a Federal 
                                            contract, grant, loan, 
                                            permit, or license); or
                                                (iv) the nomination or 
                                            confirmation of a person for 
                                            a position subject to 
                                            confirmation by the Senate.

                                (B) Exceptions

                                        The term ``lobbying contact'' 
                                    does not include a communication 
                                    that is--

                                                (i) made by a public 
                                            official acting in the 
                                            public official's official 
                                            capacity;
                                                (ii) made by a 
                                            representative of a media 
                                            organization if the purpose 
                                            of the communication is 
                                            gathering and disseminating 
                                            news and information to the 
                                            public;
                                                (iii) made in a speech, 
                                            article, publication or 
                                            other material that is 
                                            distributed and made 
                                            available to the public, or 
                                            through radio, television, 
                                            cable television, or other 
                                            medium of mass 
                                            communication;
                                                (iv) made on behalf of a 
                                            government of a foreign 
                                            country or a foreign 
                                            political party and 
                                            disclosed under the Foreign 
                                            Agents Registration Act of 
                                            1938 (22 U.S.C. 611 et 
                                            seq.);
                                                (v) a request for a 
                                            meeting, a request for the 
                                            status of an action, or any 
                                            other similar administrative 
                                            request, if the request does 
                                            not include an attempt to 
                                            influence a covered 
                                            executive branch official or 
                                            a covered legislative branch 
                                            official;
                                                (vi) made in the course 
                                            of participation in an 
                                            advisory committee subject 
                                            to the Federal Advisory 
                                            Committee Act;
                                                (vii) testimony given 
                                            before a committee, 
                                            subcommittee, or task force 
                                            of the Congress, or 
                                            submitted

[[Page 704]]

                                            for inclusion in the public 
                                            record of a hearing 
                                            conducted by such committee, 
                                            subcommittee, or task force;
                                                (viii) information 
                                            provided in writing in 
                                            response to an oral or 
                                            written request by a covered 
                                            executive branch official or 
                                            a covered legislative branch 
                                            official for specific 
                                            information;
                                                (ix) required by 
                                            subpoena, civil 
                                            investigative demand, or 
                                            otherwise compelled by 
                                            statute, regulation, or 
                                            other action of the Congress 
                                            or an agency, including any 
                                            communication compelled by a 
                                            Federal contract, grant, 
                                            loan, permit, or license;
                                                (x) made in response to 
                                            a notice in the Federal 
                                            Register, Commerce Business 
                                            Daily, or other similar 
                                            publication soliciting 
                                            communications from the 
                                            public and directed to the 
                                            agency official specifically 
                                            designated in the notice to 
                                            receive such communications;
                                                (xi) not possible to 
                                            report without disclosing 
                                            information, the 
                                            unauthorized disclosure of 
                                            which is prohibited by law;
                                                (xii) made to an 
                                            official in an agency with 
                                            regard to--
                                                  (I) a judicial 
                                            proceeding or a criminal or 
                                            civil law enforcement 
                                            inquiry, investigation, or 
                                            proceeding; or
                                                  (II) a filing or 
                                            proceeding that the 
                                            Government is specifically 
                                            required by statute or 
                                            regulation to maintain or 
                                            conduct on a confidential 
                                            basis, if that agency is 
                                            charged with responsibility 
                                            for such proceeding, 
                                            inquiry, investigation, or 
                                            filing
                                                (xiii) made in 
                                            compliance with written 
                                            agency procedures regarding 
                                            an adjudication conducted by 
                                            the agency under section 554 
                                            of title 5, or substantially 
                                            similar provisions;
                                                (xiv) a written comment 
                                            filed in the course of a 
                                            public proceeding or any 
                                            other communication that is 
                                            made on the record in a 
                                            public proceeding;
                                                (xv) a petition for 
                                            agency action made in 
                                            writing and required to be a 
                                            matter of public record 
                                            pursuant to established 
                                            agency procedures;
                                                (xvi) made on behalf of 
                                            an individual with regard to 
                                            that individual's benefits, 
                                            employment, or other 
                                            personal matters involving 
                                            only that individual, except 
                                            that this clause does not 
                                            apply to any communication 
                                            with--
                                                  (I) a covered 
                                            executive branch official, 
                                            or
                                                  (II) a covered 
                                            legislative branch official 
                                            (other than the individual's 
                                            elected Members of Congress 
                                            or employees who work under 
                                            such Members' direct 
                                            supervision), with respect 
                                            to the formulation, 
                                            modification, or adoption of 
                                            private legislation for the 
                                            relief of that individual;
                                                (xvii) a disclosure by 
                                            an individual that is 
                                            protected under the 
                                            amendments made by the 
                                            Whistleblower Protection Act 
                                            of 1989 [5 U.S.C. 1201 et 
                                            seq.], under the Inspector 
                                            General Act of 1978 [12 
                                            U.S.C. 1811 et seq.], or 
                                            under another provision of 
                                            law;

[[Page 705]]

                                                (xviii) made by--
                                                  (I) a church, its 
                                            integrated auxiliary, or a 
                                            convention or association of 
                                            churches that is exempt from 
                                            filing a Federal income tax 
                                            return under paragraph 
                                            2(A)(i) of section 6033(a) 
                                            of the Internal Revenue Code 
                                            of 1986 [26 U.S.C. 6033(a)], 
                                            or
                                                  (II) a religious order 
                                            that is exempt from filing a 
                                            Federal income tax return 
                                            under paragraph (2)(A)(iii) 
                                            of such section 6033(a); and
                                                (xix) between--
                                                  (I) officials of a 
                                            self-regulatory organization 
                                            (as defined in section 
                                            3(a)(26) of the Securities 
                                            Exchange Act [15 U.S.C. 
                                            78c(a)(26)]) that is 
                                            registered with or 
                                            established by the 
                                            Securities and Exchange 
                                            Commission as required by 
                                            that Act or a similar 
                                            organization that is 
                                            designated by or registered 
                                            with the Commodities Future 
                                            Trading Commission as 
                                            provided under the Commodity 
                                            Exchange Act [7 U.S.C. 1 et 
                                            seq.]; and
                                                  (II) the Securities 
                                            and Exchange Commission or 
                                            the Commodities Futures 
                                            Trading Commission, 
                                            respectively; relating to 
                                            the regulatory 
                                            responsibilities of such 
                                            organization under that Act.

                            (9) Lobbying firm

                                The term ``lobbying firm'' means a 
                            person or entity that has 1 or more 
                            employees who are lobbyists on behalf of a 
                            client other than that person or entity. The 
                            term also includes a self-employed 
                            individual who is a lobbyist.

                            (10) Lobbyist

                                The term ``lobbyist'' means any 
                            individual who is employed or retained by a 
                            client for financial or other compensation 
                            for services that include more than one 
                            lobbying contact, other than an individual 
                            whose lobbying activities constitute less 
                            than 20 percent of the time engaged in the 
                            services provided by such individual to that 
                            client over a 3-month period.

                            (11) Media organization

                                The term ``media organization'' means a 
                            person or entity engaged in disseminating 
                            information to the general public through a 
                            newspaper, magazine, other publication, 
                            radio, television, cable television, or 
                            other medium of mass communication.

                            (12) Member of Congress

                                The term ``Member of Congress'' means a 
                            Senator or a Representative in, or Delegate 
                            or Resident Commissioner to, the Congress.

                            (13) Organization

                                The term ``organization'' means a person 
                            or entity other than an individual.

                            (14) Person or entity

                                The term ``person or entity'' means any 
                            individual, corporation, company, 
                            foundation, association, labor organization, 
                            firm, partnership, society, joint stock 
                            company, group of organizations, or State or 
                            local government.

                            (15) Public official

                                The term ``public official'' means any 
                            elected official, appointed official, or 
                            employee of--

[[Page 706]]

                                        (A) a Federal, State, or local 
                                    unit of government in the United 
                                    States other than--

                                                (i) a college or 
                                            university;
                                                (ii) a government-
                                            sponsored enterprise (as 
                                            defined in section 3(8) of 
                                            the Congressional Budget and 
                                            Impoundment Control Act of 
                                            1974 [2 U.S.C. 622(8)]);
                                                (iii) a public utility 
                                            that provides gas, 
                                            electricity, water, or 
                                            communications;
                                                (iv) a guaranty agency 
                                            (as defined in section 
                                            435(j) of the Higher 
                                            Education Act of 1965 (20 
                                            U.S.C. 1085(j))), including 
                                            any affiliate of such an 
                                            agency; or
                                                (v) an agency of any 
                                            State functioning as a 
                                            student loan secondary 
                                            market pursuant to section 
                                            435(d)(1)(F) of the Higher 
                                            Education Act of 1965 (20 
                                            U.S.C. 1085(d)(1)(F));

                                        (B) a Government corporation (as 
                                    defined in section 9101 of title 
                                    31);

                                        (C) an organization of State or 
                                    local elected or appointed officials 
                                    other than officials of an entity 
                                    described in clause (i), (ii), 
                                    (iii), (iv), or (v) of subparagraph 
                                    (A);

                                        (D) an Indian tribe (as defined 
                                    in section 4(e) of the Indian Self-
                                    Determination and Education 
                                    Assistance Act (25 U.S.C. 450b(e));

                                        (E) a national or State 
                                    political party or any 
                                    organizational unit thereof; or

                                        (F) a national, regional, or 
                                    local unit of any foreign 
                                    government, or a group of 
                                    governments acting together as an 
                                    international organization.

                            (16) State

                                The term ``State'' means each of the 
                            several States, the District of Columbia, 
                            and any commonwealth, territory, or 
                            possession of the United States. (Pub.L. 
                            104-65, Sec. 3, Dec. 19, 1995, 109 Stat. 
                            691; Pub.L. 105-166, Sec. Sec. 2, 3, Apr. 6, 
                            1998, 112 Stat. 38; Pub.L. 110-81, Title II, 
                            Sec. 201(b)(1), Sept. 14, 2007, 121 Stat. 
                            742.)

       822  Sec. 1603. Registration of lobbyists.
            (a) Registration
                (1) General rule
                            No later than 45 days after a lobbyist first 
                        makes a lobbying contact or is employed or 
                        retained to make a lobbying contact, whichever 
                        is earlier, or on the first business day after 
                        such 45th day if the 45th day is not a business 
                        day, such lobbyist (or, as provided under 
                        paragraph (2), the organization employing such 
                        lobbyist), shall register with the Secretary of 
                        the Senate and the Clerk of the House of 
                        Representatives.
                (2) Employer filing
                            Any organization that has 1 or more 
                        employees who are lobbyists shall file a single 
                        registration under this section on behalf of 
                        such employees for each client on whose behalf 
                        the employees act as lobbyists.
                (3) Exemption
                            (A) General rule

[[Page 707]]

                                Notwithstanding paragraphs (1) and (2), 
                            a person or entity whose--

                                        (i) total income for matters 
                                    related to lobbying activities on 
                                    behalf of a particular client (in 
                                    the case of a lobbying firm) does 
                                    not exceed and is not expected to 
                                    exceed $2,500; or

                                        (ii) total expenses in 
                                    connection with lobbying activities 
                                    (in the case of an organization 
                                    whose employees engage in lobbying 
                                    activities on its own behalf) do not 
                                    exceed or are not expected to exceed 
                                    $10,000 (as estimated under section 
                                    1604 of this title) in the quarterly 
                                    period described in section 1604(a) 
                                    of this title during which the 
                                    registration would be made is not 
                                    required to register under 
                                    subsection (a) of this title with 
                                    respect to such client.

                            (B) Adjustment

                                The dollar amounts in subparagraph (A) 
                            shall be adjusted--

                                        (i) on January 1, 1997, to 
                                    reflect changes in the Consumer 
                                    Price Index (as determined by the 
                                    Secretary of Labor) since December 
                                    19, 1995; and

                                        (ii) on January 1 of each fourth 
                                    year occurring after January 1, 
                                    1997, to reflect changes in the 
                                    Consumer Price Index (as determined 
                                    by the Secretary of Labor) during 
                                    the preceding 4-year period,

                            rounded to the nearest $500.
            (b) Contents of registration
                Each registration under this section shall contain--
                            (1) the name, address, business telephone 
                        number, and principal place of business of the 
                        registrant, and a general description of its 
                        business or activities;
                            (2) the name, address, and principal place 
                        of business of the registrant's client, and a 
                        general description of its business or 
                        activities (if different from paragraph (1));
                            (3) the name, address, and principal place 
                        of business of any organization, other than the 
                        client, that--

                                (A) contributes more than $5,000 to the 
                            registrant or the client in the quarterly 
                            period to fund the lobbying activities of 
                            the registrant; and

                                (B) actively participates in the 
                            planning, supervision, or control of such 
                            lobbying activities;

                            (4) the name, address, principal place of 
                        business, amount of any contribution of more 
                        than $5,000 to the lobbying activities of the 
                        registrant, and approximate percentage of 
                        equitable ownership in the client (if any) of 
                        any foreign entity that--

                                (A) holds at least 20 percent equitable 
                            ownership in the client or any organization 
                            identified under paragraph (3);

                                (B) directly or indirectly, in whole or 
                            in major part, plans, supervises, controls, 
                            directs, finances, or subsidizes the 
                            activities of the client or any organization 
                            identified under paragraph (3); or

                                (C) is an affiliate of the client or any 
                            organization identified under paragraph (3) 
                            and has a direct interest in the outcome of 
                            the lobbying activity;

                            (5) a statement of--

[[Page 708]]

                                (A) the general issue areas in which the 
                            registrant expects to engage in lobbying 
                            activities on behalf of the client; and

                                (B) to the extent practicable, specific 
                            issues that have (as of the date of the 
                            registration) already been addressed or are 
                            likely to be addressed in lobbying 
                            activities; and

                            (6) the name of each employee of the 
                        registrant who has acted or whom the registrant 
                        expects to act as a lobbyist on behalf of the 
                        client and, if any such employee has served as a 
                        covered executive branch official or a covered 
                        legislative branch official in the 20 years 
                        before the date on which such employee first 
                        acted as a lobbyist on behalf of the client, the 
                        position in which such employee served.
                            No disclosure is required under paragraph 
                        (3)(B) if the organization that would be 
                        identified as affiliated with the client is 
                        listed on the client's publicly accessible 
                        Internet website as being a member of or 
                        contributor to the client, unless the 
                        organization in whole or in major part plans, 
                        supervises, or controls such lobbying 
                        activities. If a registrant relies upon the 
                        preceding sentence, the registrant must disclose 
                        the specific Internet address of the web page 
                        containing the information relied upon. Nothing 
                        in paragraph (3)(B) shall be construed to 
                        require the disclosure of any information about 
                        individuals who are members of, or donors to, an 
                        entity treated as a client by this chapter or an 
                        organization identified under that paragraph.
            (c) Guidelines for registration
                (1) Multiple clients
                            In the case of a registrant making lobbying 
                        contacts on behalf of more than 1 client, a 
                        separate registration under this section shall 
                        be filed for each such client.
                (2) Multiple contacts
                            A registrant who makes more than 1 lobbying 
                        contact for the same client shall file a single 
                        registration covering all such lobbying 
                        contacts.
            (d) Termination of registration
                A registrant who after registration--
                            (1) is no longer employed or retained by a 
                        client to conduct lobbying activities, and
                            (2) does not anticipate any additional 
                        lobbying activities for such client,

            may so notify the Secretary of the Senate and the Clerk of 
            the House of Representatives and terminate its registration. 
            (Pub.L. 104-65, Sec. 4, Dec. 19, 1995, 109 Stat. 696; Pub.L. 
            110-81, Title II, Sec. Sec. 201(b)(2), (5), 207(a)(1), (b), 
            208, Sept. 14, 2007, 121 Stat. 742, 747.)

       823  Sec. 1604. Reports by registered lobbyists.
            (a) Quarterly report
                No later than 20 days after the end of the quarterly 
            period beginning on the first day of January, April, July, 
            and October of each year in which a registrant is registered 
            under section 1603 of this title, or on the first business 
            day after such 20th day if the 20th day is not a business 
            day, each registrant shall file a report with the Secretary 
            of the Senate and the Clerk of the House of Representatives 
            on its

[[Page 709]]

            lobbying activities during such quarterly period. A separate 
            report shall be filed for each client of the registrant.
            (b) Contents of report
                Each quarterly report filed under subsection (a) of this 
            section shall contain--
                            (1) the name of the registrant, the name of 
                        the client, and any changes or updates to the 
                        information provided in the initial registration 
                        including information under section 1603(b)(3) 
                        of this title;
                            (2) for each general issue area in which the 
                        registrant engaged in lobbying activities on 
                        behalf of the client during the quarterly 
                        period--

                                (A) a list of the specific issues upon 
                            which a lobbyist employed by the registrant 
                            engaged in lobbying activities, including, 
                            to the maximum extent practicable, a list of 
                            bill numbers and references to specific 
                            executive branch actions;

                                (B) a statement of the Houses of 
                            Congress and the Federal agencies contacted 
                            by lobbyists employed by the registrant on 
                            behalf of the client;

                                (C) a list of the employees of the 
                            registrant who acted as lobbyists on behalf 
                            of the client; and

                                (D) a description of the interest, if 
                            any, of any foreign entity identified under 
                            section 1603(b)(4) of this title in the 
                            specific issues listed under subparagraph 
                            (A);

                            (3) in the case of a lobbying firm, a good 
                        faith estimate of the total amount of all income 
                        from the client (including any payments to the 
                        registrant by any other person for lobbying 
                        activities on behalf of the client) during the 
                        quarterly period, other than income for matters 
                        that are unrelated to lobbying activities; and
                            (4) in the case of a registrant engaged in 
                        lobbying activities on its own behalf, a good 
                        faith estimate of the total expenses that the 
                        registrant and its employees incurred in 
                        connection with lobbying activities during the 
                        quarterly period.
                            (5) for each client, immediately after 
                        listing the client, an identification of whether 
                        the client is a State or local government or a 
                        department, agency, special purpose district, or 
                        other instrumentality controlled by one or more 
                        State or local governments.
            (c) Estimates of income or expenses
                For purposes of this section, estimates of income or 
            expenses shall be made as follows:
                            (1) Estimates of amounts in excess of $5,000 
                        shall be rounded to the nearest $10,000.
                            (2) In the event income or expenses do not 
                        exceed $5,000, the registrant shall include a 
                        statement that income or expenses totaled less 
                        than $5,000 for the reporting period.
            (d) Semiannual reports on certain contributions
                (1) In general
                            Not later than 30 days after the end of the 
                        semiannual period beginning on the first day of 
                        January and July of each year, or on the first 
                        business day after such 30th day if the 30th day 
                        is not a business day, each person or 
                        organization who is registered or is required to 
                        register under paragraph (1) or (2) of section

[[Page 710]]

                        1603(a) of this title, and each employee who is 
                        or is required to be listed as a lobbyist under 
                        section 1603(b)(6) of this title or subsection 
                        (b)(2)(C) of this section, shall file a report 
                        with the Secretary of the Senate and the Clerk 
                        of the House of Representatives containing--

                                (A) the name of the person or 
                            organization;

                                (B) in the case of an employee, his or 
                            her employer;

                                (C) the names of all political 
                            committees established or controlled by the 
                            person or organization;

                                (D) the name of each Federal candidate 
                            or officeholder, leadership PAC, or 
                            political party committee, to whom aggregate 
                            contributions equal to or exceeding $200 
                            were made by the person or organization, or 
                            a political committee established or 
                            controlled by the person or organization 
                            within the semiannual period, and the date 
                            and amount of each such contribution made 
                            within the semiannual period;

                                (E) the date, recipient, and amount of 
                            funds contributed or disbursed during the 
                            semiannual period by the person or 
                            organization or a political committee 
                            established or controlled by the person or 
                            organization--

                                        (i) to pay the cost of an event 
                                    to honor or recognize a covered 
                                    legislative branch official or 
                                    covered executive branch official;

                                        (ii) to an entity that is named 
                                    for a covered legislative branch 
                                    official, or to a person or entity 
                                    in recognition of such official;

                                        (iii) to an entity established, 
                                    financed, maintained, or controlled 
                                    by a covered legislative branch 
                                    official or covered executive branch 
                                    official, or an entity designated by 
                                    such official; or

                                        (iv) to pay the costs of a 
                                    meeting, retreat, conference, or 
                                    other similar event held by, or in 
                                    the name of, 1 or more covered 
                                    legislative branch officials or 
                                    covered executive branch officials,

                    except that this subparagraph shall not apply if the 
                    funds are provided to a person who is required to 
                    report the receipt of the funds under section 434 of 
                    this title;

                                (F) the name of each Presidential 
                            library foundation, and each Presidential 
                            inaugural committee, to whom contributions 
                            equal to or exceeding $200 were made by the 
                            person or organization, or a political 
                            committee established or controlled by the 
                            person or organization, within the 
                            semiannual period, and the date and amount 
                            of each such contribution within the 
                            semiannual period; and

                                (G) a certification by the person or 
                            organization filing the report that the 
                            person or organization--

                                        (i) has read and is familiar 
                                    with those provisions of the 
                                    Standing Rules of the Senate and the 
                                    Rules of the House of 
                                    Representatives relating to the 
                                    provision of gifts and travel; and

                                        (ii) has not provided, 
                                    requested, or directed a gift, 
                                    including travel, to a Member of 
                                    Congress or an officer or employee 
                                    of either House of Congress with 
                                    knowledge that

[[Page 711]]

                                    receipt of the gift would violate 
                                    rule XXXV of the Standing Rules of 
                                    the Senate or rule XXV of the Rules 
                                    of the House of Representatives.

                (2) Definition
                            In this subsection, the term ``leadership 
                        PAC'' has the meaning given such term in section 
                        434(i)(8)(B) of this title.
            (e) Electronic filing required
                A report required to be filed under this section shall 
            be filed in electronic form, in addition to any other form 
            that the Secretary of the Senate or the Clerk of the House 
            of Representatives may require or allow. The Secretary of 
            the Senate and the Clerk of the House of Representatives 
            shall use the same electronic software for receipt and 
            recording of filings under this chapter. (Pub.L. 104-65, 
            Sec. 5, Dec. 19, 1995, 109 Stat. 697; Pub.L. 105-166, 
            Sec. 4(c), Apr. 6, 1998, 112 Stat. 39; Pub.L. 110-81, Title 
            II, Sec. Sec. 201(a), (b)(6), 202, 203(a), 205, 207(a)(2), 
            Sept. 14, 2007, 121 Stat. 741, 746, 747.)
       824  Sec. 1605. Disclosure and enforcement.
            (a) In general
                The Secretary of the Senate and the Clerk of the House 
            of Representatives shall--
                            (1) provide guidance and assistance on the 
                        registration and reporting requirements of this 
                        chapter and develop common standards, rules, and 
                        procedures for compliance with this chapter;
                            (2) review, and, where necessary, verify and 
                        inquire to ensure the accuracy, completeness and 
                        timeliness of registration and reports;
                            (3) develop filing, coding, and cross-
                        indexing systems to carry out the purpose of 
                        this chapter, including--

                                (A) a publicly available list of all 
                            registered lobbyists, lobbying firms, and 
                            their clients; and

                                (B) computerized systems designed to 
                            minimize the burden of filing and maximize 
                            public access to materials filed under this 
                            chapter;

                            (4) make available for public inspection and 
                        copying at reasonable times the registrations 
                        and reports filed under this chapter and, in the 
                        case of a report filed in electronic form under 
                        section 1604(e) of this title, make such report 
                        available for public inspection over the 
                        Internet as soon as technically practicable 
                        after the report is so filed;
                            (5) retain registrations for a period of at 
                        least 6 years after they are terminated and 
                        reports for a period of at least 6 years after 
                        they are filed;
                            (6) compile and summarize, with respect to 
                        each quarterly period, the information contained 
                        in registrations and reports filed with respect 
                        to such period in a clear and complete manner;
                            (7) notify any lobbyist or lobbying firm in 
                        writing that may be in noncompliance with this 
                        Act;
                            (8) notify the United States Attorney for 
                        the District of Columbia that a lobbyist or 
                        lobbying firm may be in noncompliance with this 
                        chapter, if the registrant has been notified in 
                        writing and has

[[Page 712]]

                        failed to provide an appropriate response within 
                        60 days after notice was given under paragraph 
                        (7);
                            (9) maintain all registrations and reports 
                        filed under this chapter, and make them 
                        available to the public over the Internet, 
                        without a fee or other access charge, in a 
                        searchable, sortable, and downloadable manner, 
                        to the extent technically practicable, that--

                                (A) includes the information contained 
                            in the registrations and reports;

                                (B) is searchable and sortable to the 
                            maximum extent practicable, including 
                            searchable and sortable by each of the 
                            categories of information described in 
                            section 1603(b) or 1604(b) of this title; 
                            and

                                (C) provides electronic links or other 
                            appropriate mechanisms to allow users to 
                            obtain relevant information in the database 
                            of the Federal Election Commission;

                            (10) retain the information contained in a 
                        registration or report filed under this chapter 
                        for a period of 6 years after the registration 
                        or report (as the case may be) is filed; and
                            (11) make publicly available, on a 
                        semiannual basis, the aggregate number of 
                        registrants referred to the United States 
                        Attorney for the District of Columbia for 
                        noncompliance as required by paragraph (8).
            (b) Enforcement report
                (1) Report
                            The Attorney General shall report to the 
                        congressional committees referred to in 
                        paragraph (2), after the end of each semiannual 
                        period beginning on January 1 and July 1, the 
                        aggregate number of enforcement actions taken by 
                        the Department of Justice under this chapter 
                        during that semiannual period and, by case, any 
                        sentences imposed, except that such report shall 
                        not include the names of individuals, or 
                        personally identifiable information, that is not 
                        already a matter of public record.
                (2) Committees
                            The congressional committees referred to in 
                        paragraph (1) are the Committee on Homeland 
                        Security and Governmental Affairs and the 
                        Committee on the Judiciary of the Senate and the 
                        Committee on the Judiciary of the House of 
                        Representatives. (Pub.L. 104-65, Sec. 6, Dec. 
                        19, 1995, 109 Stat. 698; Pub.L. 110-81, Title 
                        II, Sec.  Sec. 201(b)(3), 209(a), (b), 210, 
                        Sept. 14, 2007, 121 Stat. 742, 748.)
       825  Sec. 1606. Penalties.
            (a) Civil penalty
                Whoever knowingly fails to--
                            (1) remedy a defective filing within 60 days 
                        after notice of such a defect by the Secretary 
                        of the Senate or the Clerk of the House of 
                        Representatives; or
                            (2) comply with any other provision of this 
                        chapter;

            shall, upon proof of such knowing violation by a 
            preponderance of the evidence, be subject to a civil fine of 
            not more than $200,000, depending on the extent and gravity 
            of the violation.

[[Page 713]]

            (b) Criminal penalty
                Whoever knowingly and corruptly fails to comply with any 
            provision of this chapter shall be imprisoned for not more 
            than 5 years or fined under Title 18, or both. (Pub.L. 104-
            65, Sec. 7, Dec. 19, 1995, 109 Stat. 699; Pub.L. 110-81, 
            Title II, Sec. 211(a), Sept. 14, 2007, 121 Stat. 749.)
       826  Sec. 1607. Rules of construction.
            (a) Constitutional rights
                Nothing in this chapter shall be construed to prohibit 
            or interfere with--
                            (1) the right to petition the Government for 
                        the redress of grievances;
                            (2) the right to express a personal opinion; 
                        or
                            (3) the right of association,

            protected by the first amendment to the Constitution.

            (b) Prohibition of activities
                Nothing in this chapter shall be construed to prohibit, 
            or to authorize any court to prohibit, lobbying activities 
            or lobbying contacts by any person or entity, regardless of 
            whether such person or entity is in compliance with the 
            requirements of this chapter.
            (c) Audit and investigations
                Nothing in this chapter shall be construed to grant 
            general audit or investigative authority to the Secretary of 
            the Senate or the Clerk of the House of Representatives. 
            (Pub.L. 104-65, Sec. 8, Dec. 19, 1995, 109 Stat. 699.)
       827  Sec. 1608. Severability.
                If any provision of this chapter, or the application 
            thereof, is held invalid, the validity of the remainder of 
            this chapter and the application of such provision to other 
            persons and circumstances shall not be affected thereby. 
            (Pub.L. 104-65, Sec. 13, Dec. 19, 1995, 109 Stat. 701.)
       828  Sec. 1609. Identification of clients and covered officials.
            (a) Oral lobbying contacts
                Any person or entity that makes an oral lobbying contact 
            with a covered legislative branch official or a covered 
            executive branch official shall, on the request of the 
            official at the time of the lobbying contact--
                            (1) state whether the person or entity is 
                        registered under this chapter and identify the 
                        client on whose behalf the lobbying contact is 
                        made; and
                            (2) state whether such client is a foreign 
                        entity and identify any foreign entity required 
                        to be disclosed under section 1603(b)(4) of this 
                        title that has a direct interest in the outcome 
                        of the lobbying activity.
            (b) Written lobbying contacts
                Any person or entity registered under this chapter that 
            makes a written lobbying contact (including an electronic 
            communication) with a covered legislative branch official or 
            a covered executive branch official shall--
                            (1) if the client on whose behalf the 
                        lobbying contact was made is a foreign entity, 
                        identify such client, state that the client is 
                        consid

[[Page 714]]

                        ered a foreign entity under this chapter, and 
                        state whether the person making the lobbying 
                        contact is registered on behalf of that client 
                        under section 1603 of this title; and
                            (2) identify any other foreign entity 
                        identified pursuant to section 1603(b)(4) of 
                        this title that has a direct interest in the 
                        outcome of the lobbying activity.
            (c) Identification as covered official
                Upon request by a person or entity making a lobbying 
            contact, the individual who is contacted or the office 
            employing that individual shall indicate whether or not the 
            individual is a covered legislative branch official or a 
            covered executive branch official. (Pub.L. 104-65, Sec. 14, 
            Dec. 19, 1995, 109 Stat. 702.)
       829  Sec. 1610. Estimates based on tax reporting system.
            (a) Entities covered by section 6033(b) of title 26
                A person, other than a lobbying firm, that is required 
            to report and does report lobbying expenditures pursuant to 
            section 6033(b)(8) of title 26 may--
                            (1) make a good faith estimate (by category 
                        of dollar value) of applicable amounts that 
                        would be required to be disclosed under such 
                        section for the appropriate quarterly period to 
                        meet the requirements of sections 1603(a)(3) and 
                        1604(b)(4) of this title; and
                            (2) for all other purposes consider as 
                        lobbying contacts and lobbying activities only--

                                (A) lobbying contacts with covered 
                            legislative branch officials (as defined in 
                            section 1602(4) of this title) and lobbying 
                            activities in support of such contacts; and

                                (B) lobbying of Federal executive branch 
                            officials to the extent that such activities 
                            are influencing legislation as defined in 
                            section 4911(d) of title 26.

            (b) Entities covered by section 162(e) of title 26
                A person, other than a lobbying firm, who is required to 
            account and does account for lobbying expenditures pursuant 
            to section 162(e) of title 26 may--
                            (1) make a good faith estimate (by category 
                        of dollar value) of applicable amounts that 
                        would not be deductible pursuant to such section 
                        for the appropriate quarterly period to meet the 
                        requirements of sections 1603(a)(3) and 
                        1604(b)(4) of this title; and
                            (2) for all other purposes consider as 
                        lobbying contacts and lobbying activities only--

                                (A) lobbying contacts with covered 
                            legislative branch officials (as defined in 
                            section 1602(4) of this title) and lobbying 
                            activities in support of such contacts; and

                                (B) lobbying of Federal executive branch 
                            officials to the extent that amounts paid or 
                            costs incurred in connection with such 
                            activities are not deductible pursuant to 
                            section 162(e) of title 26.

            (c) Disclosure of estimate
                Any registrant that elects to make estimates required by 
            this chapter under the procedures authorized by subsection 
            (a) or (b) of this section for reporting or threshold 
            purposes shall--

[[Page 715]]

                            (1) inform the Secretary of the Senate and 
                        the Clerk of the House of Representatives that 
                        the registrant has elected to make its estimates 
                        under such procedures; and
                            (2) make all such estimates, in a given 
                        calendar year, under such procedures.
            (d) Study
                Not later than March 31, 1997, the Comptroller General 
            of the United States shall review reporting by registrants 
            under subsections (a) and (b) of this section and report to 
            the Congress--
                            (1) the differences between the definition 
                        of ``lobbying activities'' in section 1602(7) of 
                        this title and the definitions of ``lobbying 
                        expenditures'', ``influencing legislation'', and 
                        related terms in sections 162(e) and 4911 of 
                        title 26, as each are implemented by 
                        regulations;
                            (2) the impact that any such differences may 
                        have on filing and reporting under this chapter 
                        pursuant to this subsection; and
                            (3) any changes to this chapter to the 
                        appropriate sections of title 26 that the 
                        Comptroller General may recommend to harmonize 
                        the definitions. (Pub.L. 104-65, Sec. 15, Dec. 
                        19, 1995, 109 Stat. 702; Pub.L. 105-166, 
                        Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38; 
                        Pub.L. 110-81, Title II, Sec. 201(b)(4), Sept. 
                        14, 2007, 121 Stat. 742.)
       830  Sec. 1611. Exempt organizations.
                An organization described in section 501(c)(4) of title 
            26 which engages in lobbying activities shall not be 
            eligible for the receipt of Federal funds constituting an 
            award, grant, or loan. (Pub.L. 104-65, Sec. 18, Dec. 19, 
            1995, 109 Stat. 703; Pub.L. 104-99, Title I, Sec. 129(a), 
            Jan. 26, 1996, 110 Stat. 34.)
       831  Sec. 1612. Sense of the Senate that lobbying expenses should 
                remain nondeductible.
            (a) Findings
                The Senate finds that ordinary Americans generally are 
            not allowed to deduct the costs of communicating with their 
            elected representatives.
            (b) Sense of the Senate
                It is the sense of the Senate that lobbying expenses 
            should not be tax deductible. (Pub.L. 104-65. Sec. 23, Dec. 
            19, 1995, 109 Stat. 705.)
       832  Sec. 1613. Prohibition on provision of gifts or travel by 
                registered lobbyists to Members of Congress and to 
                congressional employees.
            (a) Prohibition
                Any person described in subsection (b) may not make a 
            gift or provide travel to a covered legislative branch 
            official if the person has knowledge that the gift or travel 
            may not be accepted by that covered legislative branch 
            official under the Rules of the House of Representatives or 
            the Standing Rules of the Senate (as the case may be).
            (b) Persons subject to prohibition
                The persons subject to the prohibition under subsection 
            (a) are any lobbyist that is registered or is required to 
            register under section 4(a)(1), any organization that 
            employs 1 or more lobbyists and is registered or is required 
            to register under section 4(a)(2), and any employee listed

[[Page 716]]

            or required to be listed as a lobbyist by a registrant under 
            section 4(b)(6) or 5(b)(2)(C). (Pub.L. 104-65, Sec. 25, as 
            added Pub.L. 110-81, Title II, Sec. 206(a), Sept. 14, 2007, 
            121 Stat. 747.)
       833  Sec. 1614. Annual audits and reports by Comptroller General.
            (a) Audit
                On an annual basis, the Comptroller General shall audit 
            the extent of compliance or noncompliance with the 
            requirements of this Act by lobbyists, lobbying firms, and 
            registrants through a random sampling of publicly available 
            lobbying registrations and reports filed under this Act 
            during each calendar year.
            (b) Reports to Congress
                (1) Annual Reports.--Not later than April 1 of each 
            year, the Comptroller General shall submit to the Congress a 
            report on the review required by subsection (a) for the 
            preceding calendar year. The report shall include the 
            Comptroller General's assessment of the matters required to 
            be emphasized by that subsection and any recommendations of 
            the Comptroller General to--
                            (A) improve the compliance by lobbyists, 
                        lobbying firms, and registrants with the 
                        requirements of this Act; and
                            (B) provide the Department of Justice with 
                        the resources and authorities needed for the 
                        effective enforcement of this Act.
                (2) Assessment of Compliance.--The annual report under 
            paragraph (1) shall include an assessment of compliance by 
            registrants with the requirements of section 4(b)(3).
            (c) Access to information
                The Comptroller General may, in carrying out this 
            section, request information from and access to any relevant 
            documents from any person registered under paragraph (1) or 
            (2) of section 4(a) and each employee who is listed as a 
            lobbyist under section 4(b)(6) or section 5(b)(2)(C) if the 
            material requested relates to the purposes of this section. 
            The Comptroller General may request such person to submit in 
            writing such information as the Comptroller General may 
            prescribe. The Comptroller General may notify the Congress 
            in writing if a person from whom information has been 
            requested under this subsection refuses to comply with the 
            request within 45 days after the request is made. (Pub.L. 
            104-65, Sec. 26, as added Pub.L. 110-81, Title II, 
            Sec. 213(a), Sept. 14, 2007, 121 Stat. 750.)
            
                        Chapter 28.--ARCHITECT OF THE CAPITOL

            
                               Subchapter I.--General

       834  Sec. 1801. Appointment of Architect of the Capitol.
                (a)(1) The Architect of the Capitol shall be appointed 
            by the President by and with the advice and consent of the 
            Senate for a term of 10 years.
                (2) There is established a commission to recommend 
            individuals to the President for appointment to the office 
            of Architect of the Capitol. The Commission shall be 
            composed of--
                            (A) the Speaker of the House of 
                        Representatives,
                            (B) the President pro tempore of the Senate,

[[Page 717]]

                            (C) the majority and minority leaders of the 
                        House of Representatives and the Senate, and
                            (D) the chairmen and the ranking minority 
                        members of the Committee on House Oversight of 
                        the House of Representatives, the Committee on 
                        Rules Administration of the Senate, the 
                        Committee on Appropriations of the House of 
                        Representatives, and the Committee on 
                        Appropriations of the Senate.

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

                (3) An individual appointed Architect of the Capitol 
            under paragraph (1) shall be eligible for reappointment to 
            such office.
                (b) Subsection (a) of this section shall be effective in 
            the case of appointments made to fill vacancies in the 
            office of Architect of the Capitol which occur on or after 
            November 21, 1989. If no such vacancy occurs within the six-
            year period which begins on November 21, 1989, no individual 
            may, after the expiration of such period, hold such office 
            unless the individual is appointed in accordance with 
            subsection (a). (Pub.L. 101-163, Title III, Sec. 319, Nov. 
            21, 1989, 103 Stat. 1068; Pub.L. 104-19, Sec. 701, July 27, 
            1995, 109 Stat. 220.)
       835  Sec. 1802. Compensation of Architect of the Capitol.
                The compensation of the Architect of the Capitol shall 
            be at an annual rate which is equal to the lesser of the 
            annual salary for the Sergeant at Arms of the House of 
            Representatives or the annual salary for the Sergeant at 
            Arms and Doorkeeper of the Senate. (Aug. 14, 1964, Pub.L. 
            88-426, Sec. 203(c), 78 Stat. 415; Dec. 16, 1967, Pub.L. 90-
            206, Sec. 219, 81 Stat. 639; Salary Recommendations, Budget, 
            1970, pursuant to Act Dec. 16, 1967, Pub.L. 90-206, 
            Sec. 225(h), 81 Stat. 634; August 9, 1975, Pub.L. 94-82, 
            Title II, Sec. 204(b), 89 Stat. 421; Dec. 14, 1979, Pub.L. 
            96-146, Sec. 1(1), 93 Stat. 1086; Pub.L. 107-68, Title I, 
            Sec. 129(a), Nov. 12, 2001, 115 Stat. 579.)
       836  Sec. 1803. Delegation of authority by Architect of the 
                Capitol.
                The Architect of the Capitol may delegate to the 
            assistants of the Architect such authority of the Architect 
            as the Architect may determine proper, except those 
            authorities, duties, and responsibilities specifically 
            assigned to the Deputy Architect of the Capitol by the 
            Legislative Branch Appropriations Act, 2003. (Aug. 5, 1955, 
            ch. 568, 69 Stat. 515; Feb. 20, 2003, Pub.L. 108-7, Div. H, 
            Title I, Sec. 1205, 117 Stat. 375.)
       837  Sec. 1804. Deputy Architect of the Capitol to act in case of 
                absence, disability, or vacancy.
                On and after August 18, 1970, the Deputy Architect of 
            the Capitol shall act as Architect of the Capitol during the 
            absence or disability of that official or whenever there is 
            no Architect. (Aug. 18, 1970, Pub.L. 91-382, Sec. 101, 84 
            Stat. 817; Pub.L. 101-163, Sec. 106(d), 103 Stat. 1057, Nov. 
            21, 1989; Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I, 
            Sec. 1204, 117 Stat. 374.)
       838  Sec. 1805. Deputy Architect of the Capitol/Chief Operating 
                Officer.
            (a) Establishment of Deputy Architect of the Capitol
                There shall be a Deputy Architect of the Capitol who 
            shall serve as the Chief Operating Officer of the Office of 
            the Architect of the Capitol. The Deputy Architect of the 
            Capitol shall be appointed by the

[[Page 718]]

            Architect of the Capitol and shall report directly to the 
            Architect of the Capitol and shall be subject to the 
            authority of the Architect of the Capitol. The Architect of 
            the Capitol shall appoint the Deputy Architect of the 
            Capitol not later than 180 days after February 20, 2003. The 
            Architect of the Capitol shall consult with the Comptroller 
            General or his designee before making the appointment.
            (b) Qualifications
                The Deputy Architect of the Capitol shall have strong 
            leadership skills and demonstrated ability in management, 
            including in such areas as strategic planning, performance 
            management, worker safety, customer satisfaction, and 
            service quality.
            (c) Responsibilities
                (1) In general
                            The Deputy Architect of the Capitol shall be 
                        responsible to the Architect of the Capitol for 
                        the overall direction, operation, and management 
                        of the Office of the Architect of the Capitol, 
                        including implementing the Office's goals and 
                        mission; providing overall organization 
                        management to improve the Office's performance; 
                        and assisting the Architect of the Capitol in 
                        promoting reform, and measuring results.
                (2) Responsibilities
                            The Deputy Architect's responsibilities 
                        include--

                                (A) developing, implementing, annually 
                            updating, and maintaining a long-term 
                            strategic plan covering a period of not less 
                            than 5 years for the Office of the Architect 
                            of the Capitol;

                                (B) developing and implementing an 
                            annual performance plan that includes annual 
                            performance goals covering each of the 
                            general goals and objectives in the 
                            strategic plan and including to the extent 
                            practicable quantifiable performance 
                            measures for the annual goals;

                                (C) proposing organizational changes and 
                            staffing needed to carry out the Office of 
                            the Architect of the Capitol's mission and 
                            strategic and annual performance goals; and

                                (D) reviewing and directing the 
                            operational functions of the Office of the 
                            Architect of the Capitol.

            (d) Additional responsibilities
                The Architect of the Capitol may delegate to the Deputy 
            Architect such additional duties as the Architect determines 
            are necessary or appropriate.
            (e) Action plan
                (1) In general
                            No later than 90 days after the appointment, 
                        the Deputy Architect shall prepare and submit to 
                        the Committees on Appropriations of the House of 
                        Representatives and Senate and the Committee on 
                        Rules and Administration of the Senate, an 
                        action plan describing the policies, procedures, 
                        and actions the Deputy Architect will implement 
                        and timeframes for carrying out the 
                        responsibilities under this section.
                (2) Action plan
                            The action plan shall be--

[[Page 719]]

                                (A) approved and signed by both the 
                            Architect of the Capitol and the Deputy 
                            Architect; and

                                (B) developed concurrently and 
                            consistent with the development of a 
                            strategic plan.

                (3) Additional senior positions
                            Notwithstanding section 1849(a) of this 
                        title, as amended by section 129(c) of the 
                        Legislative Branch Appropriations Act, 2002, the 
                        Architect of the Capitol may fix the rate of 
                        basic pay for not more than 3 additional 
                        positions at a rate not to exceed the highest 
                        total rate of pay for the Senior Executive 
                        Service under subchapter VIII of chapter 53 of 
                        title 5, for the locality involved.
            (f) Evaluation
                The Government Accountability Office shall evaluate 
            annually the implementation of the action plan and provide 
            the results of the evaluation to the Architect of the 
            Capitol, the Committees on Appropriations of the House of 
            Representatives and Senate and the Committee on Rules and 
            Administration of the Senate.
            (g) Removal
                The Deputy Architect of the Capitol may be removed by 
            the Architect of the Capitol for misconduct or failure to 
            meet performance goals set forth in the performance 
            agreement in subsection (i) of this section. Upon the 
            removal of the Deputy Architect of the Capitol, the 
            Architect of the Capitol shall immediately notify in writing 
            the Committees on Appropriations of the House of 
            Representatives and Senate, and the Committee on Rules and 
            Administration of the Senate, stating the specific reasons 
            for the removal.
            (h) Compensation
                The Deputy Architect of the Capitol shall be paid at an 
            annual rate of pay to be determined by the Architect but not 
            to exceed $1,500 less than the annual rate of pay for the 
            Architect of the Capitol.
            (i) Annual performance report
                The Deputy Architect of the Capitol shall prepare and 
            transmit to the Architect of the Capitol an annual 
            performance report. This report shall contain an evaluation 
            of the extent to which the Office of the Architect of the 
            Capitol met its goals and objectives.
            (j) Termination of role
                As of October 1, 2006, the role of the Comptroller 
            General and the Government Accountability Office, as 
            established by this section, will cease. (Pub.L. 108-7, Div. 
            H, Title I, Sec. 1203, Feb. 20, 2003, 117 Stat. 373; Pub.L. 
            108-11, Title II, Sec. 2601(a), Apr. 16, 2003, 117 Stat. 
            599; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 
            814.)
       839  Sec. 1806. Chief Executive Officer for Visitor Services.\1\
                (a) There is established in the Office of the Architect 
            of the Capitol the position of Chief Executive Officer for 
            Visitor Services (in this section referred to as the ``Chief 
            Executive Officer''), who shall be appointed by the 
            Architect of the Capitol.
                \1\ Editorially supplied.

[[Page 720]]

                (b) The Chief Executive Officer shall be responsible for 
            the operation and management of the Capitol Visitor Center, 
            subject to the direction of the Architect of the Capitol. In 
            carrying out these responsibilities, the Chief Executive 
            Officer shall report directly to the Architect of the 
            Capitol and shall be subject to policy review and oversight 
            by the Committee on Rules and Administration of the Senate 
            and the Committee on House Administration of the House of 
            Representatives.
                (c) The Chief Executive Officer shall be paid at an 
            annual rate equal to the annual rate of pay for the Chief 
            Operating Officer of the Office of the Architect of the 
            Capitol.
                (d) This section shall apply with respect to fiscal year 
            2007 and each succeeding fiscal year. (Pub.L. 110-28, Title 
            VI, Sec. 6701, May 25, 2007, 121 Stat. 182.)
       840  Sec. 1807. Assistant to the Chief Executive Officer for 
                Visitor Services.
            (a) Definition
                In this section the term ``Chief Executive Officer'' 
            means the Chief Executive Officer for Visitor Services 
            established under section 1806 of this title.
            (b) Assistant to the Chief Executive Officer
                The Architect of the Capitol shall--
                            (1) after consultation with the Chief 
                        Executive Officer, appoint an assistant to 
                        perform the responsibilities of the Chief 
                        Executive Officer during the absence or 
                        disability of the Chief Executive Officer, or 
                        during a vacancy in the position of the Chief 
                        Executive Officer; and
                            (2) fix the rate of basic pay for the 
                        position of the assistant appointed under 
                        paragraph (1) at a rate not to exceed the 
                        highest total rate of pay for the Senior 
                        Executive Service under subchapter VIII of 
                        chapter 53 of title 5, United States Code, for 
                        the locality involved.
            (c) Effective date
                This section shall apply to fiscal year 2008 and each 
            fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I, 
            Sec. 1309, Dec. 26, 2007, 121 Stat. 2244.)
       841  Sec. 1808. Inspector General of the Architect of the 
                Capitol.
            (a) Short title
                This section may be cited as the ``Architect of the 
            Capitol Inspector General Act of 2007''.
            (b) Office of Inspector General
                There is an Office of Inspector General within the 
            Office of the Architect of the Capitol which is an 
            independent objective office to--
                            (1) conduct and supervise audits and 
                        investigations relating to the Architect of the 
                        Capitol;
                            (2) provide leadership and coordination and 
                        recommend policies to promote economy, 
                        efficiency, and effectiveness; and
                            (3) provide a means of keeping the Architect 
                        of the Capitol and the Congress fully and 
                        currently informed about problems and defi

[[Page 721]]

                        ciencies relating to the administration of 
                        programs and operations of the Architect of the 
                        Capitol.
            (c) Appointment of Inspector General; supervision; removal
                 (1) Appointment and supervision
                            (A) In general

                                There shall be at the head of the Office 
                            of Inspector General, an Inspector General 
                            who shall be appointed by the Architect of 
                            the Capitol, in consultation with the 
                            Inspectors General of the Library of 
                            Congress, Government Printing Office, 
                            Government Accountability Office, and United 
                            States Capitol Police. The appointment shall 
                            be made without regard to political 
                            affiliation and solely on the basis of 
                            integrity and demonstrated ability in 
                            accounting, auditing, financial analysis, 
                            law, management analysis, public 
                            administration, or investigations. The 
                            Inspector General shall report to, and be 
                            under the general supervision of, the 
                            Architect of the Capitol.

                            (B) Audits, investigations, reports, and 
                        other duties and responsibilities

                                 The Architect of the Capitol shall have 
                            no authority to prevent or prohibit the 
                            Inspector General from--

                                        (i) initiating, carrying out, or 
                                    completing any audit or 
                                    investigation;

                                        (ii) issuing any subpoena during 
                                    the course of any audit or 
                                    investigation;

                                        (iii) issuing any report; or

                                        (iv) carrying out any other duty 
                                    or responsibility of the Inspector 
                                    General under this section.

                (2) Removal
                            The Inspector General may be removed from 
                        office by the Architect of the Capitol. The 
                        Architect of the Capitol shall, promptly upon 
                        such removal, communicate in writing the reasons 
                        for any such removal to each House of Congress.
                (3) Compensation
                            The Inspector General shall be paid at an 
                        annual rate of pay equal to $1,500 less than the 
                        annual rate of pay of the Architect of the 
                        Capitol.
            (d) Duties, responsibilities, authority, and reports
                (1) In general
                            Sections 4, 5 (other than subsections 
                        (a)(13) and (e)(1)(B) thereof), 6 (other than 
                        subsection (a)(7) and (8) thereof), and 7 of the 
                        Inspector General Act of 1978 (5 U.S.C. App.) 
                        shall apply to the Inspector General of the 
                        Architect of the Capitol and the Office of such 
                        Inspector General and such sections shall be 
                        applied to the Office of the Architect of the 
                        Capitol and the Architect of the Capitol by 
                        substituting--

                                (A) ``Office of the Architect of the 
                            Capitol'' for ``establishment''; and

                                (B) ``Architect of the Capitol'' for 
                            ``head of the establishment''.

                (2) Employees
                            The Inspector General, in carrying out this 
                        section, is authorized to select, appoint, and 
                        employ such officers and employees (including 
                        consultants) as may be necessary for carrying 
                        out the functions,

[[Page 722]]

                        powers, and duties of the Office of Inspector 
                        General subject to the provisions of law 
                        governing selections, appointments, and 
                        employment in the Office of the Architect of the 
                        Capitol.
            (e) Transfers
                All functions, personnel, and budget resources of the 
            Office of the Inspector General of the Architect of the 
            Capitol as in effect before the effective date of this 
            section are transferred to the Office of Inspector General 
            described under subsection (b) of this section.
            (f) References
                References in any other Federal law, Executive order, 
            rule, regulation, or delegation of authority, or any 
            document of or relating to the Inspector General of the 
            Architect of the Capitol shall be deemed to refer to the 
            Inspector General as set forth under this section.
            (g) First appointment
                By the date occurring 180 days after December 26, 2007, 
            the Architect of the Capitol shall appoint an individual to 
            the position of Inspector General of the Architect of the 
            Capitol described under subparagraph (A) of subsection 
            (c)(1) of this section in accordance with that subparagraph.
            (h) Effective date
                (1) In general
                            Except as provided under paragraph (2), this 
                        section shall take effect 180 days after 
                        December 26, 2007 and apply with respect to 
                        fiscal year 2008 and each fiscal year 
                        thereafter.
                (2) First appointment
                            Subsection (g) of this section shall take 
                        effect on December 26, 2007 and the Architect of 
                        the Capitol shall take such actions as necessary 
                        after December 26, 2007 to carry out that 
                        subsection. (Pub.L. 110-161, Div. H, Title I, 
                        Sec. 1301, Dec. 26, 2007, 121 Stat. 2240.)
            
                          Subchapter II.--Powers and Duties

       842  Sec. 1811. Powers and duties.
                The Architect of the Capitol shall perform all the 
            duties relative to the Capitol Building performed prior to 
            August 15, 1876, by the Commissioner of Public Buildings and 
            Grounds, and shall be appointed by the President: Provided, 
            That no change in the architectural features of the Capitol 
            Building or in the landscape features of the Capitol Grounds 
            shall be made except on plans to be approved by Congress. 
            (Aug. 15, 1876, c. 287, 19 Stat. 147; Feb. 14, 1902, c. 17, 
            32 Stat. 20; Mar. 3, 1921, c. 124, 41 Stat. 1291.)
            NOTE:
                Recyclable Materials; Collection, Sale, Revolving Fund
                Pub.L. 111-8, Div. G, Title I, Sec.  1101, Mar. 11, 
            2009, 123 Stat. 822, provided that:
            (a) Collection and sale of recyclable materials.--
                            ``(1) Establishment of program.--The 
                        Architect of the Capitol shall establish a 
                        program for the collection and sale of 
                        recyclable mate

[[Page 723]]

                        rials collected from or on the Capitol buildings 
                        and grounds, in accordance with the procedures 
                        applicable under subchapter III of chapter 5 of 
                        subtitle I of title 40, United States Code [40 
                        U.S.C.A. Sec.  541 et seq.] to the sale of 
                        surplus property by an executive agency.
            ``(2) Exclusion of materials subject to other programs.--The 
                program established under this section shall not apply 
                with respect to any materials which are subject to 
                collection and sale under--

                                ``(A) the third undesignated paragraph 
                            under the center heading `MISCELLANEOUS' in 
                            the first section of the Act entitled `An 
                            Act making appropriations for sundry civil 
                            expenses of the government for the fiscal 
                            year ending June thirtieth, eighteen hundred 
                            and eighty-three, and for other purposes', 
                            approved August 7, 1882 (2 U.S.C. 117);

                                ``(B) section 104(a) of the Legislative 
                            Branch Appropriations Act, 1987 (as enacted 
                            by reference in identical form by section 
                            101(j) of Public Law 99-500 and Public Law 
                            99-591) (2 U.S.C. 117e);

                                ``(C) the Senate waste recycling program 
                            referred to in section 4 of the Legislative 
                            Branch Appropriations Act, 2001 (2 U.S.C. 
                            121f); or

                                ``(D) any other authorized program for 
                            the collection and sale of recyclable 
                            materials.

            ``(b) Revolving fund.--
                            ``(1) In general.--There is established in 
                        the Treasury a revolving fund for the Office of 
                        the Architect of the Capitol, which shall 
                        consist of--

                                ``(A) proceeds from the sale of 
                            recyclable materials under the program 
                            established under this section; and

                                ``(B) such amounts as may be 
                            appropriated under law.

            ``(2) Use of fund.--Amounts in the revolving fund 
                established under paragraph (1) shall be available 
                without fiscal year limitation to the Architect of the 
                Capitol, subject to the Architect providing prior notice 
                to the Committees on Appropriations of the House of 
                Representatives and Senate--

                                ``(A) to carry out the program 
                            established under this section;

                                ``(B) to carry out authorized programs 
                            and activities of the Architect to improve 
                            the environment; and

                                ``(C) to carry out authorized programs 
                            and activities of the Architect to promote 
                            energy savings.''

            ``(c) Effective date.--This section shall apply with respect 
                to each of the fiscal years 2009 through 2013.''
                Acquisition of Property by Architect of the Capitol
                Pub.L. 107-68, Title I, Sec.  128, Nov. 12, 2001, 115 
            Stat. 579, provided that: ``Notwithstanding any other 
            provision of law and subject to the availability of 
            appropriations, the Architect of the Capitol is authorized 
            to secure, through multi-year rental, lease, or other 
            appropriate agreement, the property located at 67 K Street, 
            S.W., Washington, D.C., for use of Legislative Branch 
            agencies, and to incur any necessary incidental expenses 
            including maintenance, alterations, and repairs in 
            connection therewith: Provided, That in connection with the 
            property re

[[Page 724]]

            ferred to under the preceding proviso, the Architect of the 
            Capitol is authorized to expend funds appropriated to the 
            Architect of the Capitol for the purpose of the operations 
            and support of Legislative Branch agencies, including the 
            United States Capitol Police, as may be required for that 
            purpose.''
       843  Sec. 1812. Care and superintendence of Capitol.
                The Architect of the Capitol shall have the care and 
            superintendence of the Capitol, including lighting. His 
            office shall be in the Capitol Building. (Aug. 15, 1876, ch. 
            287, Sec. 1, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 
            298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.)
       844  Sec. 1813. Exterior of Capitol.
                It shall be the duty of the Architect to clean and keep 
            in proper order the exterior of the Capitol. (July 7, 1884, 
            ch. 332, 23 Stat. 209.)
       845  Sec. 1814. Repairs of Capitol.
                All improvements, alterations, additions, and repairs of 
            the Capitol Building shall be made by the direction and 
            under the supervision of the Architect of the Capitol. (R.S. 
            Sec. 1816; Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20; Mar. 
            3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Oct. 31, 1951, ch. 
            654, Sec. 3(15), 65 Stat. 708.)
            Cross Reference
                Changes in architectural features of the Capitol 
            Building or in landscape features of Capitol Grounds, see 
            section 1811 of this title.
            Note
                Section 305 of the Legislative Branch Appropriations 
            Act, 1993, provided that:
                ``Sec. 305. (a) The Architect of the Capitol, in 
            consultation with the heads of the agencies of the 
            legislative branch, shall develop an overall plan for 
            satisfying the telecommunications requirements of such 
            agencies, using a common system architecture for maximum 
            interconnection capability and engineering compatibility. 
            The plan shall be subject to joint approval by the Committee 
            on House Administration of the House of Representatives and 
            the Committee on Rules and Administration of the Senate, 
            and, upon approval, shall be communicated to the Committee 
            on Appropriations of the House of Representatives and the 
            Committee on Appropriations of the Senate. No part of any 
            appropriation in this Act or any other Act shall be used for 
            acquisition of any new or expanded telecommunications system 
            for an agency of the legislative branch, unless, as 
            determined by the Architect of the Capitol, the acquisition 
            is in conformance with the plan, as approved.
                ``(b) As used in this section--
                  ``(1) the term ``agency of the legislative branch'' 
                means, the Office of the Architect of the Capitol, the 
                Botanic Garden, the General Accounting Office, the 
                Government Printing Office, the Library of Congress, the 
                Office of Technology Assessment, and the Congressional 
                Budget Office; and
                  ``(2) the term ``telecommunications system'' means an 
                electronic system for voice, data, or image 
                communication, including any associated cable and 
                switching equipment.''
                ``(c) This section shall apply with respect to fiscal 
            years beginning after September 30, 1992.'' (Pub.L. 102-392, 
            Title III, Sec. 305, Oct. 6, 1992, 106 Stat. 1721.)
            Note
                Section 168 of the Energy Policy Act, 1992, provided 
            Energy Management Requirements for Congressional Buildings 
            as follows:
                ``(a) In general.--The Architect of the Capitol 
            (hereafter in this section [this note] referred to as the 
            `Architect') shall undertake a program of analysis and, as 
            necessary, retrofit of the Capitol Building, the Senate 
            Office Buildings, the

[[Page 725]]

            House Office Buildings, and the Capitol Grounds, in 
            accordance with subsection (b).
                ``(b) Program--
                        ``(1) Lighting--

``(A) Implementation--

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

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

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

                        ``(2) Evaluation and report--

``(A) In general.--Not later than 6 months after the date of the enactment 
of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of 
the House of Representatives and the President pro tempore of the Senate a 
report evaluating potential energy conservation measures for each building 
described in subsection (a) in the areas of heating, ventilation, air 
conditioning equipment, insulation, windows, domestic hot water, food 
service equipment, and automatic control equipment.

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

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

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

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

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

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

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

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

[[Page 726]]


       846  Sec. 1816. Construction contracts.
            (a) Liquidated damages
                The Architect of the Capitol may not enter into or 
            administer any construction contract with a value greater 
            than $50,000 unless the contract includes a provision 
            requiring the payment of liquidated damages in the amount 
            determined under subsection (b) of this section in the event 
            that completion of the project is delayed because of the 
            contractor.
            (b) Amount of payment
                The amount of payment required under a liquidated 
            damages provision described in subsection (a) of this 
            section shall be equal to the product of--
                            (1) the daily liquidated damage payment 
                        rate; and
                            (2) the number of days by which the 
                        completion of the project is delayed.
            (c) Daily liquidated damage payment rate
                (1) In general
                            In subsection (b) of this section, the 
                        ``daily liquidated damage payment rate'' means--

                                (A) $140, in the case of a contract with 
                            a value greater than $50,000 and less than 
                            $100,000;

                                (B) $200, in the case of a contract with 
                            a value equal to or greater than $100,000 
                            and equal to or less than $500,000; and

                                (C) the sum of $200 plus $50 for each 
                            $100,000 increment by which the value of the 
                            contract exceeds $500,000, in the case of a 
                            contract with a value greater than $500,000.

                (2) Adjustment in rate permitted
                            Notwithstanding paragraph (1), the daily 
                        liquidated damage payment rate may be adjusted 
                        by the contracting officer involved to a rate 
                        greater or lesser than the rate described in 
                        such paragraph if the contracting officer makes 
                        a written determination that the rate described 
                        does not accurately reflect the anticipated 
                        damages which will be suffered by the United 
                        States as a result of the delay in the 
                        completion of the contract.
            (d) Effective date
                This section shall apply with respect to contracts 
            entered into during fiscal year 2002 or any succeeding 
            fiscal year. (Pub.L. 107-68, Title I, Sec. 130, Nov. 12, 
            2001, 115 Stat. 580.)
       847  Sec. 1816a. Design-build contracts.
                (a) Notwithstanding any other provision of law, the 
            Architect of the Capitol may use the two-phase selection 
            procedures authorized in section 253m of Title 41 for 
            entering into a contract for the design and construction of 
            a public building, facility, or work in the same manner and 
            under the same terms and conditions as the head of executive 
            agency under such section.
                (b) This section shall apply with respect to fiscal year 
            2008 and each succeeding fiscal year. (Pub.L. 110-161, Div. 
            H, Title I, Sec. 1308, Dec. 26, 2007, 121 Stat. 2244.)

[[Page 727]]


       848  Sec. 1817. Transfer of discontinued apparatus to other 
                branches.
                The Architect of the Capitol may transfer apparatus, 
            appliances, equipments, and supplies of any kind, 
            discontinued or permanently out of service, to other 
            branches of the service of the United States, or District of 
            Columbia, whenever, in his judgment the interests of the 
            Government service may require it. (June 26, 1912, c. 182, 
            Sec. 11, 37 Stat. 184; Mar. 3, 1921, c. 124, Sec. 1, 41 
            Stat. 1291; May 29, 1928, c. 901, Sec. 1(120), 45 Stat. 995; 
            Oct. 31, 1951, c. 654, Sec. 3(17), 65 Stat. 708.)
       849  Sec. 1817a. Disposition of surplus or obsolete personal 
                property.
            (a) In general
                The Architect of the Capitol shall have the authority, 
            within the limits of available appropriations, to dispose of 
            surplus or obsolete personal property by inter-agency 
            transfer, donation, sale, trade-in, or discarding. Amounts 
            received for the sale or trade-in of personal property shall 
            be credited to funds available for the operations of the 
            Architect of the Capitol and be available for the costs of 
            acquiring the same or similar property. Such funds shall be 
            available for such purposes during the fiscal year received 
            and the following fiscal year.
            (b) Effective date
                This section shall apply with respect to fiscal year 
            2010, and each fiscal year thereafter. (Pub.L. 111-68, Div. 
            A, Title I, Sec.  1301, Oct. 1, 2009, 123 Stat. 2034.)
       850  Sec. 1818. Rental or lease of storage space.
                Notwithstanding any other provision of law, the 
            Architect of the Capitol, with the approval of the House 
            Office Building Commission and Senate Committee on Rules and 
            Administration, is authorized to secure, through rental, 
            lease, or other appropriate agreement, storage space in 
            areas within the District of Columbia and its environs 
            beyond the boundaries of the United States Capitol Grounds 
            for use of the United States Senate, the United States House 
            of Representatives, and the Office of the Architect of the 
            Capitol, under such terms and conditions as such Commission 
            and committee may authorize, and to incur any necessary 
            incidental expenses in connection therewith. (Pub.L. 93-180, 
            Sec. 1, Dec. 13, 1973, 87 Stat. 704.)
       851  Sec. 1819. Computer backup facilities for legislative 
                offices.
            (a) Acquisition of buildings and facilities
                The Architect of the Capitol is authorized, subject to 
            the availability of appropriations, to acquire (through 
            purchase, lease, or otherwise) buildings and facilities for 
            use as computer backup facilities (and related uses) for 
            offices in the legislative branch.
            (b) Acquisition subject to approval
                The acquisition of a building or facility under 
            subsection (a) of this section shall be subject to the 
            approval of--
                            (1) the House Office Building Commission, in 
                        the case of a building or facility acquired for 
                        the use of an office of the House of 
                        Representatives;
                            (2) the Committee on Rules and 
                        Administration of the Senate, in the case of a 
                        building or facility acquired for the use of an 
                        office of the Senate; or

[[Page 728]]

                            (3) the House Office Building Commission in 
                        the case of a building or facility acquired for 
                        the use of any other office in the legislative 
                        branch as part of a joint facility with (1) 
                        above, or the Committee on Rules and 
                        Administration of the Senate, in the case of a 
                        building or facility acquired for the use of any 
                        other office in the legislative branch as part 
                        of a joint facility with (2) above.
            (c) United States Capitol grounds provisions applicable
                Any building or facility acquired by the Architect of 
            the Capitol pursuant to subsection (a) of this section shall 
            be a part of the United States Capitol Grounds and shall be 
            subject to the provisions of sections 1922, 1961, 1966, 
            1967, and 1969 of this title and sections 5101 to 5107 and 
            5109 of Title 40.
                (d) In the case of a building or facility acquired 
            through purchase pursuant to subsection (a) of this section, 
            the Architect of the Capitol may enter into or assume a 
            lease with another person for the use of any portion of the 
            building or facility that the Architect of the Capitol 
            determines is not required to be used to carry out the 
            purposes of this section, subject to the approval of the 
            entity which approved the acquisition of such building or 
            facility under subsection (b) of this section.
            (e) Effective date
                This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. (Pub.L. 107-206, Title 
            I, Sec.  905, Aug. 2, 2002, 116 Stat. 877; Pub.L. 109-55, 
            Title I, Sec. 1202(a), Aug. 2, 2005, 119 Stat. 579.)
       852  Sec. 1820. Acquisition of real property for Capitol Police.
            (a) Authority for acquisition
                Subject to the approval of the House Office Building 
            Commission and the Senate Committee on Rules and 
            Administration, the Architect of the Capitol is authorized 
            to acquire (through purchase, lease, transfer from another 
            Federal entity, or otherwise) real property, subject to the 
            availability of appropriations and upon approval of an 
            obligation plan by the Committees on Appropriations of the 
            House and Senate, for the use of the United States Capitol 
            Police.
            (b) United States Capitol grounds provisions applicable
                Any real property acquired by the Architect of the 
            Capitol pursuant to subsection (a) of this section shall be 
            a part of the United States Capitol Grounds and shall be 
            subject to the provisions of sections 1922, 1961, 1966, 
            1967, and 1969 of this title and sections 5101 to 5107 and 
            5109 of Title 40.
            (c) Effective date
                This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. (Pub.L. 107-206, Title 
            I, Sec. 907, Aug. 2, 2002, 116 Stat. 877.)
       853  Sec. 1821. Small purchase contracting authority.
            (a) In general
                Notwithstanding any other provision of law--

[[Page 729]]

                            (1) section 5 of Title 41 shall apply with 
                        respect to purchases and contracts for the 
                        Architect of the Capitol as if the reference to 
                        ``$25,000'' in paragraph (1) of such section 
                        were a reference to ``$100,000''; and
                            (2) the Architect may procure services, 
                        equipment, and construction for security related 
                        projects in the most efficient manner he 
                        determines appropriate.
            (b) Effective date
                This section shall apply to fiscal year 2003 and each 
            fiscal year thereafter. (Pub.L. 108-7, Div. H, Title I, 
            Sec. 1201, Feb. 20, 2003, 117 Stat. 372.)
       854  Sec. 1822. Leasing of space.
            (a) In general
                Funds appropriated to the Architect of the Capitol shall 
            be available--
                            (1) for the leasing of space in areas within 
                        the District of Columbia and its environs beyond 
                        the boundaries of the United States Capitol 
                        Grounds to meet space requirements of the United 
                        States Senate, United States House of 
                        Representatives, United States Capitol Police, 
                        and the Architect of the Capitol under such 
                        terms and conditions as the Committee or 
                        Commission referred to under subsection (b) of 
                        this section may authorize; and
                            (2) to incur any necessary expense in 
                        connection with any leasing of space under 
                        paragraph (1).
            (b) Conditions to lease space
                The Architect of the Capitol may lease space under 
            subsection (a) of this section upon submission of written 
            notice of intent to lease such space to, and approved by--
                            (1) the Committees on Appropriations and 
                        Rules and Administration of the Senate for space 
                        to be leased for the Senate;
                            (2) the Committee on Appropriations of the 
                        House of Representatives and the House Office 
                        Building Commission for space to be leased for 
                        the House of Representatives; and
                            (3) the Committees on Appropriations of the 
                        Senate and House of Representatives, for space 
                        to be leased for any other entity under 
                        subsection (a).
            (c) Effective date
                This section shall apply with respect to fiscal year 
            2004, and each fiscal year thereafter. (Pub.L. 108-83, Title 
            I, Sec. 1102, Sept. 30, 2003, 117 Stat. 1027; Pub.L. 110-
            161, Div. H, Title I, Sec. 1306, Dec. 26, 2007, 121 Stat. 
            2243.)
       855  Sec. 1823. Acquisition of real property for Sergeant at Arms 
                and Doorkeeper of Senate.\1\
                (1) The Architect of the Capitol may acquire (through 
            purchase, lease, transfer from another Federal entity, or 
            otherwise) real property, for the use of the Sergeant at 
            Arms and Doorkeeper of the Senate to support the operations 
            of the Senate--
                \1\ Editorially supplied.

[[Page 730]]

                            (A) subject to the approval of the Committee 
                        on Rules and Administration of the Senate; and
                            (B) subject to the availability of 
                        appropriations and upon approval of an 
                        obligation plan by the Committee on 
                        Appropriations of the Senate.
                (2) Subject to the approval of the Committee on 
            Appropriations of the Senate, the Secretary of the Senate 
            may transfer funds for the acquisition or maintenance of any 
            property under paragraph (1) from the account under the 
            heading ``Senate, Contingent Expenses of the Senate, 
            Sergeant at Arms and Doorkeeper of the Senate'' to the 
            account under the heading ``Architect of the Capitol, Senate 
            Office Buildings''.
                (3) This section shall apply with respect to fiscal year 
            2007 and each fiscal year thereafter. (Pub.L. 109-289, Div. 
            B, Title II, Sec. 20701(b), as added Pub.L. 110-5, Sec. 2, 
            Feb. 15, 2007, 121 Stat. 37.)
       856  Sec. 1823a. Acquisition of real property by lease for use of 
                Library of Congress.
            (a) Permitting leasing of space
                Subject to the availability of funds, the Architect of 
            the Capitol may acquire real property by lease for the use 
            of the Library of Congress in any State or the District of 
            Columbia if--
                            (1) the Architect of the Capitol and the 
                        Librarian of Congress submit a joint request for 
                        the Architect to lease the property to the Joint 
                        Committee on the Library and to the Committees 
                        on Appropriations of the House of 
                        Representatives and Senate; and
                            (2) the Joint Committee on the Library and 
                        the Committees on Appropriations of the House of 
                        Representatives and Senate each approve the 
                        request.
            (b) Transfer of funds
                Subject to the approval of the Joint Committee on the 
            Library and the Committees on Appropriations of the House of 
            Representatives and the Senate, the Architect of the Capitol 
            and the Librarian of Congress may transfer between 
            themselves appropriations or other available funds to pay 
            the costs incurred in acquiring real property pursuant to 
            the authority of this section and the costs of necessary 
            expenses incurred in connection with the acquisition of the 
            property.
            (c) Limit on obligations
                No obligation entered into pursuant to the authority of 
            this section shall be in advance of, or in excess of, 
            available appropriations.
            (d) Effective date
                This section shall apply with respect to fiscal year 
            2009 and each succeeding fiscal year. (Pub.L. 111-8, Div. G, 
            Title I, Sec.  1102, Mar. 11, 2009, 123 Stat. 823.)
       857  Sec. 1824. Energy and environmental measures in Capitol 
                Complex Master Plan.
            (a) In general
                To the maximum extent practicable, the Architect of the 
            Capitol shall include energy efficiency and conservation 
            measures, greenhouse gas emission reduction measures, and 
            other appropriate environmental measures in the Capitol 
            Complex Master Plan.

[[Page 731]]

            (b) Report
                Not later than 6 months after December 19, 2007, the 
            Architect of the Capitol shall submit to the Committee on 
            Transportation and Infrastructure of the House of 
            Representatives and the Committee on Rules and 
            Administration of the Senate, a report on the energy 
            efficiency and conservation measures, greenhouse gas 
            emission reduction measures, and other appropriate 
            environmental measures included in the Capitol Complex 
            Master Plan pursuant to subsection (a) of this section. 
            (Pub.L. 110-140, Title V, Sec. 503, Dec. 19, 2007, 110 Stat. 
            1655.)
       858  Sec. 1825. CVC maintenance.
                For maintenance purposes, the Capitol Visitor Center 
            (CVC) is considered an extension of the Capitol Building, 
            and the maintenance functions for the CVC's infrastructure 
            is the responsibility of the Architect of the Capitol. 
            Starting in fiscal year 2008, and each fiscal year 
            thereafter, the CVC's facilities maintenance budget and 
            associated payroll will be included with the Capitol 
            Building's appropriation budget, and integrated in such a 
            way as to facilitate the reporting of expenses associated 
            with the maintenance of the CVC facility. (Pub.L. 110-161, 
            Div. H, Title I, Sec. 1305, Dec. 26, 2007, 121 Stat. 2242.)
       859  Sec. 1826. Easements for rights-of-way.
            (a) In general
                The Architect of the Capitol may grant, upon such terms 
            as the Architect of the Capitol considers advisable, 
            including monetary consideration, easements for rights-of-
            way over, in, and upon the Capitol Grounds and any other 
            public lands under the jurisdiction and control of the 
            Architect of the Capitol.
            (b) Limitation
                No easement granted under this section may include more 
            land than is necessary for the easement.
            (c) Easement account
                There is established in the Treasury an easement account 
            for the Architect of the Capitol. The Architect of the 
            Capitol shall deposit in the account all proceeds received 
            relating to the granting of easements under this section. 
            The proceeds deposited in that account shall be available to 
            the Architect, in such amounts and for such purposes 
            provided in appropriations acts.
            (d) In-kind consideration
                Subject to subsection (f) of this section, the Architect 
            may accept in-kind consideration instead of, or in addition 
            to, any monetary consideration, for any easement granted 
            under this section.
            (e) Termination of easement
                The Architect of the Capitol may terminate all or part 
            of any easement granted under this section for--
                            (1) failure to comply with the terms of the 
                        grant;
                            (2) nonuse for a 2-year period; or
                            (3) abandonment.

[[Page 732]]

            (f) Approval
                The Architect of the Capitol may grant an easement for 
            rights-of-way under subsection (a) of this section upon 
            submission of written notice of intent to grant that 
            easement and the amount or type of consideration to be 
            received, and approval by--
                            (1) the Committee on Rules and 
                        Administration of the Senate for easements 
                        granted on property under Senate jurisdiction;
                            (2) the House Office Building Commission for 
                        property under House of Representatives 
                        jurisdiction; and
                            (3) the Committee on Rules and 
                        Administration of the Senate and the House 
                        Office Building Commission for easements granted 
                        on any other property.
            (g) Effective date
                This section shall apply to fiscal year 2008 and each 
            fiscal year thereafter. (Pub.L. 110-161, Div. H, Title I, 
            Sec. 1307, Dec. 26, 2007, 121 Stat. 2243.)
       860  Sec. 1827. Support and maintenance during emergencies.
            (a) During an emergency involving the safety of human life 
                or the protection of property, as determined or declared 
                by the Capitol Police Board, the Architect of the 
                Capitol--
                            (1) may accept contributions of comfort and 
                        other incidental items and services to support 
                        employees of the Office of the Architect of the 
                        Capitol while such employees are on duty in 
                        response to the emergency; and
                            (2) may incur obligations and make 
                        expenditures out of available appropriations for 
                        meals, refreshments, and other support and 
                        maintenance for the Office of the Architect of 
                        the Capitol if, in the judgment of the 
                        Architect, such obligations and expenditures are 
                        necessary to respond to the emergency.
            (b) This section shall apply with respect to fiscal year 
                2010 and each succeeding fiscal year. (Pub.L. 111-68, 
                Div. A, Title I, Sec.  1305, Oct. 1, 2009, 123 Stat. 
                2035.)
            
                             Subchapter III.--Personnel

            
                                   Part A--General

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

[[Page 733]]

                        that incorporates fundamental principles that 
                        exist in other modern personnel systems.
            (c) Personnel management system
                (1) Establishment
                            The Architect of the Capitol shall establish 
                        and maintain a personnel management system.
                (2) Requirements
                            The personnel management system shall at a 
                        minimum include the following:

                                (A) A system which ensures that 
                            applicants for employment and employees of 
                            the Architect of the Capitol are appointed, 
                            promoted, and assigned on the basis of merit 
                            and fitness after fair and equitable 
                            consideration of all applicants and 
                            employees through open competition.

                                (B) An equal employment opportunity 
                            program which includes an affirmative 
                            employment program for employees and 
                            applicants for employment, and procedures 
                            for monitoring progress by the Architect of 
                            the Capitol in ensuring a workforce 
                            reflective of the diverse labor force.

                                (C) A system for the classification of 
                            positions which takes into account the 
                            difficulty, responsibility, and 
                            qualification requirements of the work 
                            performed, and which conforms to the 
                            principle of equal pay for substantially 
                            equal work.

                                (D) A program for the training of 
                            Architect of the Capitol employees which has 
                            among its goals improved employee 
                            performance and opportunities for employee 
                            advancement.

                                (E) A formal performance appraisal 
                            system which will permit the accurate 
                            evaluation of job performance on the basis 
                            of objective criteria for all Architect of 
                            the Capitol employees.

                                (F) A fair and equitable system to 
                            address unacceptable conduct and performance 
                            by Architect of the Capitol employees, 
                            including a general statement of violations, 
                            sanctions, and procedures which shall be 
                            made known to all employees, and a formal 
                            grievance procedure.

                                (G) A program to provide services to 
                            deal with mental health, alcohol abuse, drug 
                            abuse, and other employee problems, and 
                            which ensures employee confidentiality.

                                (H) A formal policy statement regarding 
                            the use and accrual of sick and annual leave 
                            which shall be made known to all employees, 
                            and which is consistent with the other 
                            requirements of this section.

            (d) Implementation of personnel management system
                (1) Development of plan
                            The Architect of the Capitol shall--

                                (A) develop a plan for the establishment 
                            and maintenance of a personnel management 
                            system designed to achieve the requirements 
                            of subsection (c) of this section;

                                (B) submit the plan to the Speaker of 
                            the House of Representatives, the House 
                            Office Building Commission, the Committee on 
                            Rules and Administration of the Senate, the 
                            Joint Committee on the Library, and the 
                            Committees on Appropriations of the

[[Page 734]]

                            Senate and the House of Representatives not 
                            later than 12 months after July 22, 1994; 
                            and

                                (C) implement the plan not later than 90 
                            days after the plan is submitted to the 
                            Speaker of the House of Representatives, the 
                            House Office Building Commission, the 
                            Committee on Rules and Administration of the 
                            Senate, the Joint Committee on the Library, 
                            and the Committees on Appropriations of the 
                            Senate and the House of Representatives, as 
                            specified in subparagraph (B).

                (2) Evaluation and reporting
                            The Architect of the Capitol shall develop a 
                        system of oversight and evaluation to ensure 
                        that the personnel management system of the 
                        Architect of the Capitol achieves the 
                        requirements of subsection (c) of this section 
                        and complies with all other relevant laws, rules 
                        and regulations. The Architect of the Capitol 
                        shall report to the Speaker of the House of 
                        Representatives, the House Office Building 
                        Commission, the Committee on Rules and 
                        Administration of the Senate, and the Joint 
                        Committee on the Library on an annual basis the 
                        results of its evaluation under this subsection.
                (3) Application of laws
                            Nothing in this section shall be construed 
                        to alter or supersede any other provision of law 
                        otherwise applicable to the Architect of the 
                        Capitol or its employees, unless expressly 
                        provided in this section. (Pub.L. 103-283, title 
                        III, Sec. 312, July 22, 1994, 108 Stat. 1443; 
                        Pub.L. 104-1, title V, Sec. 504(c)(1), Jan. 23, 
                        1995, 109 Stat. 41.)
                                    Codification
                Section is comprised of section 312 of Pub.L. 103-283. 
            Subsec. (f) of section 312 of Pub.L. 103-283 amended 
            sections 60m, 1201, 1205, and 1212 of Title 2, The Congress.
       862  Sec. 1832. Assignment and reassignment of personnel by 
                Architect of the Capitol for personal services.
                Notwithstanding any other provisions of law, in order to 
            improve the economic use of the personal services of his 
            employees, the Architect of the Capitol is authorized 
            hereafter to assign and reassign, without increase or 
            decrease in basic salary or wages, any person on the 
            employment rolls of his Office, for personal services in any 
            buildings, facilities or grounds under his jurisdiction or 
            for personal services in connection with any project under 
            his jurisdiction for which appropriations have been made and 
            are available, whenever such action, in his opinion, will be 
            most advantageous to the interest of or result in either 
            specific or overall savings to the Government. Exceptions 
            may be made where there are differences in equipment. No 
            assignment or reassignment of personnel by the Architect of 
            the Capitol pursuant to this provision shall operate in any 
            respect to augment or decrease any general or specific 
            appropriation. (Pub.L. 100-202, Sec. 106, Dec. 22, 1987, 101 
            Stat. 1329-433.)
       863  Sec. 1834. Heating and ventilating Senate wing.
                All engineers and others who are engaged in heating and 
            ventilating the Senate wing of the Capitol shall be subject 
            to the orders and in all respects under the direction of the 
            Architect of the Capitol, subject

[[Page 735]]

            to the approval of the Senate Committee on Rules and 
            Administration. (July 11, 1888, ch. 615, Sec. 1, 25 Stat. 
            258; Aug. 2, 1946, ch. 753, Sec. Sec. 102, 224, 60 Stat. 
            814, 838.)
            
                                Part B--Compensation

       864  Sec. 1841. Single per annum gross rates of pay.
                Whenever the rate of pay of--
                            (1) an employee of the Office of Architect 
                        of the Capitol;
                    or
                            (2) an employee of the House Restaurant or 
                        of the Senate Restaurant, under the supervision 
                        of the Architect of the Capitol as an agent of 
                        the House or Senate, respectively, as the case 
                        may be,

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

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

[[Page 736]]

                On and after August 21, 1959, the Architect of the 
            Capitol is authorized, without regard to chapter 51 and 
            subchapter III of chapter 53 of title 5, to fix the 
            compensation of one position under the appropriation 
            ``Senate Office Buildings'', at a basic rate of $8,200 per 
            annum. (Pub.L. 86-176, Aug. 21, 1959, 73 Stat. 407; Pub.L. 
            89-309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub.L. 90-
            206, title II, Sec. 214(p), Dec. 16, 1967, 81 Stat. 638; 
            Pub.L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub.L. 
            94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub.L. 
            101-163, title I, Sec. 106(c), Nov. 21, 1989, 103 Stat. 
            1056.)
                                    Codification

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

       867  Sec. 1848. Compensation of certain positions in Office of 
                Architect of the Capitol.
            (a) Amount of compensation to be that specified in 
                appropriations Acts
                Notwithstanding any other provision of law, the pay for 
            positions described in subsection (b) shall be the amounts 
            specified for such positions in appropriations Acts.
            (b) Positions covered
                The positions referred to in subsection (a) of this 
            section are--
                            (1) the position of assistant referred to in 
                        the proviso in the first undesignated paragraph 
                        under the center subheadings ``Office of the 
                        Architect of the Capitol'' and ``salaries'' in 
                        the first section of the Legislative Branch 
                        Appropriation Act, 1971 (2 U.S.C. 1804), and
                            (2) the eight positions provided for in the 
                        third and fourth undesignated paragraphs under 
                        the center subheadings ``Office of the Architect 
                        of the Capitol'' and ``salaries'' in the first 
                        section of the Legislative Branch Appropriation 
                        Act, 1960 (2 U.S.C. 1847).
            (c) Calculation of amounts
                The pay for each position described in subsection (b) 
            shall be the pay payable for such position with respect to 
            the last pay period before this section takes effect, 
            subject to any applicable adjustment during fiscal year 1988 
            under, or by reference to any applicable adjustment during 
            fiscal year 1988 under, subchapter I of chapter 53 of title 
            5.
            (d) Effective date
                This section shall apply in fiscal years beginning after 
            September 30, 1987, with respect to pay periods beginning 
            after December 22, 1987. (Pub.L. 100-202, Sec. 101(i) [Title 
            III, Sec. 308], Dec. 22, 1987, 101 Stat. 1329-309; Pub.L. 
            101-163, Title I, Sec. 106(e), Nov. 21, 1989, 103 Stat. 
            1057.)

[[Page 737]]


       868  Sec. 1849. Compensation of certain positions under 
                jurisdiction of Architect of the Capitol.
            (a) Compensation of certain positions under jurisdiction of 
                Architect of Capitol
                The Architect of the Capitol may fix the rate of basic 
            pay for not more than 12 positions at a rate not to exceed 
            the highest total rate of pay for the Senior Executive 
            Service under subchapter VIII of chapter 53 of Title 5, for 
            the locality involved.
            (b) Eight positions fixed in relation to General Schedule
                Effective beginning with any pay period beginning on or 
            after August 14, 1991, the rate of basic pay for up to 9 
            positions under the jurisdiction of the Architect of the 
            Capitol may be fixed at such rate as the Architect considers 
            appropriate for each, not to exceed 135 percent of the 
            minimum rate payable for grade GS-15 of the General 
            Schedule.
            (c) Executive Project Directors
                The Architect of the Capitol may fix the rate of basic 
            pay for not more than 4 positions for Executive Project 
            Directors whose salary is payable from project funds, at a 
            rate not to exceed 95 percent of the highest total rate of 
            pay for the Senior Executive Service under subchapter VIII 
            of chapter 53 of Title 5, for the locality involved. (Pub.L. 
            101-520, Title I, Sec. 108, Nov. 5, 1990, 104 Stat. 2268; 
            Pub.L. 102-90, Title I, Sec. 104, Aug. 14, 1991, 105 Stat. 
            459; Pub.L. 105-55, Title III, Sec. 311(a), (b), Oct. 7, 
            1997, 111 Stat. 1201; Pub.L. 107-68, Title I, 
            Sec. 129(c)(1), Nov. 12, 2001, 115 Stat. 580; Pub.L. 107-
            117, Div. B, Ch. 9, Sec. 914(a), Jan. 10, 2002, 115 Stat. 
            2324; Pub.L. 109-55, Title I, Sec. 1201(a), Aug. 2, 2005, 
            119 Stat. 579.)
       869  Sec. 1850. Compensation of registered nurses.
                Notwithstanding any other provision of law, effective on 
            the first day of the first applicable pay period which 
            begins on or after December 27, 1974, the positions of 
            registered nurses compensated under appropriations for 
            Capitol Buildings, Senate Office Buildings, and House Office 
            Buildings shall be allocated by the Architect of the Capitol 
            at not to exceed grade 12 of the General Schedule.
                Notwithstanding any other provision of law, effective 
            January 1, 1975, none of the funds appropriated to the 
            Architect of the Capitol shall thereafter be available for 
            any nursing position unless the position is occupied by a 
            Registered Nurse: Provided, That such provision shall not be 
            applicable to the present incumbents of such positions. 
            (June 20, 1958, Pub.L. 85-462, 72 Stat. 208; Dec. 27, 1974, 
            Pub.L. 93-554, Sec. 101, 88 Stat. 1777; Pub.L. 101-520, 
            Sec. 109, Nov. 5, 1990, 104 Stat. 2269; Pub.L. 103-283, 
            Title I, Sec. 103, July 22, 1994, 108 Stat. 1435.)
            
                   Subchapter IV--Appropriations and Expenditures

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

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

[[Page 738]]

                                    Codification

            Section consolidates provisions from the Legislative Branch 
            Appropriation Acts for fiscal years 1930 and 1931. Section 
            was formerly classified to section 689 of Title 31 prior to 
            the general revision and enactment of Title 31, Money and 
            Finance, by Pub.L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 
            877.

       871  Sec. 1862. Transfer of funds.
                During fiscal year 1997 and fiscal years thereafter, 
            amounts appropriated to the Architect of the Capitol 
            (including amounts relating to the Botanic Garden) may be 
            transferred among accounts available to the Architect of the 
            Capitol upon the approval of--
                            (1) the Committee on Appropriations of the 
                        House of Representatives, in the case of amounts 
                        transferred from the appropriation for Capitol 
                        buildings and grounds under the heading ``house 
                        office buildings'';
                            (2) the Committee on Appropriations of the 
                        Senate, in the case of amounts transferred from 
                        the appropriation for Capitol buildings and 
                        grounds under the heading ``senate office 
                        buildings''; and
                            (3) the Committees on Appropriations of the 
                        Senate and the House of Representatives, in the 
                        case of amounts transferred from any other 
                        appropriation. (Pub.L. 104-197, title III, 
                        Sec. 306, Sept. 16, 1996, 110 Stat. 2413.)
       872  Sec. 1865. Capitol Police Buildings and Grounds Account.
                (a) There is hereby established in the Treasury of the 
            United States an account for the Architect of the Capitol to 
            be known as ``Capitol Police Buildings and Grounds'' 
            (hereinafter in this section referred to as the 
            ``account'').
                (b) Funds in the account shall be used by the Architect 
            of the Capitol for all necessary expenses for the 
            maintenance, care, and operation of buildings and grounds of 
            the United States Capitol Police.
                (c) This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. Any amounts provided 
            to the Architect of the Capitol prior to the date of the 
            enactment of this Act for the maintenance, care, and 
            operation of buildings of the United States Capitol Police 
            during fiscal year 2002 shall be transferred to the account. 
            (Pub.L. 107-206, Sec. 906, Aug. 2, 2002, 116 Stat. 877.)
       873  Sec. 1866. Certification of vouchers.
                It shall not be a duty of the Architect of the Capitol 
            to certify any payroll or other voucher covering any 
            expenditure from any appropriation for the Senate Office 
            Building, or for any other building or activity, unless the 
            obligation involved was incurred by him or under his 
            direction. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343.)
       874  Sec. 1868. Semiannual compilation and report of 
                expenditures.
                (1) Commencing with the semiannual period beginning 
            January 1, 1965, and for each semiannual period thereafter, 
            the Architect of the Capitol shall compile and, not later 
            than sixty days following the close of the semiannual 
            period, submit to the Senate and the House of 
            Representatives a report of all expenditures made from 
            monies appropriated to the Architect of the Capitol, based 
            on payrolls and other vouchers transmitted during such 
            period to the Treasury Department for disburse

[[Page 739]]

            ment, such report to include (1) the name, title, and gross 
            salary payment to each employee; (2) a list of government 
            contributions to retirement, health insurance, and other 
            similar funds; and (3) name of payee, brief description of 
            service rendered or items furnished under contract, purchase 
            order or other agreement. Such report shall be printed as a 
            Senate document.
                (2) The report by the Architect of the Capitol under 
            paragraph (1) for the semiannual period beginning on January 
            1, 1976, shall include the period beginning on July 1, 1976, 
            and ending on September 30, 1976, and such semiannual period 
            shall be treated as closing on September 30, 1976. 
            Thereafter, the report by the Architect of the Capitol under 
            paragraph (1) shall be for the semiannual periods beginning 
            on October 1 and ending on March 31 and beginning on April 1 
            and ending on September 30 of each year. (Pub.L. 88-454, 
            Sec. 105(b), Aug. 20, 1964, 78 Stat. 551; Pub.L. 94-303, 
            Title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.)
       875  Sec. 1869. Advance payments.
                 During fiscal year 2008 and each succeeding fiscal 
            year, following notification of the Committees on 
            Appropriations of the House of Representatives and the 
            Senate, the Architect of the Capitol may make payments in 
            advance for obligations of the Office of the Architect of 
            the Capitol for subscription services if the Architect 
            determines it to be more prompt, efficient, or economical to 
            do so. (Pub.L. 110-161, Div. H, Title I, Sec. 1304, Dec. 26, 
            2007, 121 Stat 2242.)
            
                             Chapter 29.--CAPITOL POLICE

            
                   Subchapter I.--Organization and Administration

            
                                   Part A--General

       876  Sec. 1901. Establishment; officer appointments.
                There shall be a Capitol police. The captain and 
            lieutenants shall be selected jointly by the Sergeant at 
            Arms of the Senate and the Sergeant at Arms of the House of 
            Representatives; and one-half of the privates shall be 
            selected by the Sergeant at Arms of the Senate and one-half 
            by the Sergeant at Arms of the House of Representatives. 
            (R.S. Sec. 1821; Apr. 28, 1902, ch. 594, Sec. 1, 32 Stat. 
            124; June 28, 1943, ch. 173, Title I, Sec. 101, 57 Stat. 
            230; Dec. 20, 1979, Pub.L. 96-152, Sec. 1(a), 93 Stat. 1099; 
            Pub.L. 108-7, Div. H, Title I, Sec. 1018(h)(1), Feb. 20, 
            2003, 117 Stat. 368.)
            Note
            Capitol Police and Library of Congress Police Merger

                Pub.L. 110-178, Sec. Sec. 2, 3, and 8, Jan. 7, 2008, 121 
            Stat. 2546, 2554, provided that:
            Sec. 2. Transfer of Personnel.
            (a) Transfers
                (1) Library of Congress Police employees--Effective on 
            the employee's transfer date, each Library of Congress 
            Police employee shall be transferred to the United States 
            Capitol Police and shall become either a member or civilian 
            employee of the Capitol Police, as determined by the Chief 
            of the Capitol Police under subsection (b).
                (2) Library of Congress Police civilian employees--
            Effective on the employee's transfer date, each Library of 
            Congress Police civilian employee shall be transferred

[[Page 740]]

            to the United States Capitol Police and shall become a 
            civilian employee of the Capitol Police.
            (b) Treatment of Library of Congress Police employees
                (1) Determination of status within Capitol Police--
                        (A) Eligibility to serve as members of the 
                    Capitol Police.--A Library of Congress Police 
                    employee shall become a member of the Capitol Police 
                    on the employee's transfer date if the Chief of the 
                    Capitol Police determines and issues a written 
                    certification that the employee meets each of the 
                    following requirements:

(i) Based on the assumption that such employee would perform a period of 
continuous Federal service after the transfer date, the employee would be 
entitled to an annuity for immediate retirement under section 8336(b) or 
8412(b) of title 5, United States Code (as determined by taking into 
account paragraph (3)(A)), on the date such employee becomes 60 years of 
age.

(ii) During the transition period, the employee successfully completes 
training, as determined by the Chief of the Capitol Police.

(iii) The employee meets the qualifications required to be a member of the 
Capitol Police, as determined by the Chief of the Capitol Police.

                        (B) Service as civilian employee of Capitol 
                    Police.--If the Chief of the Capitol Police 
                    determines that a Library of Congress Police 
                    employee does not meet the eligibility requirements, 
                    the employee shall become a civilian employee of the 
                    Capitol Police on the employee's transfer date.
                        (C) Finality of determinations.--Any 
                    determination of the Chief of the Capitol Police 
                    under this paragraph shall not be appealable or 
                    reviewable in any manner.
                        (D) Deadline for determinations.--The Chief of 
                    the Capitol Police shall complete the determinations 
                    required under this paragraph for all Library of 
                    Congress Police employees not later than September 
                    30, 2009.
                (2) Exemption from mandatory separation.--Section 
            8335(c) or 8425(c) of title 5, United States Code, shall not 
            apply to any Library of Congress Police employee who becomes 
            a member of the Capitol Police under this subsection, until 
            the earlier of--
                        (A) the date on which the individual is entitled 
                    to an annuity for immediate retirement under section 
                    8336(b) or 8412(b) of title 5, United States Code; 
                    or
                        (B) the date on which the individual--

(i) is 57 years of age or older; and

(ii) is entitled to an annuity for immediate retirement under section 
8336(m) or 8412(d) of title 5, United States Code (as determined by taking 
into account paragraph (3)(A)).

                (3) Treatment of prior creditable service for retirement 
            purposes--
                        (A) Prior service for purposes of eligibility 
                    for immediate retirement as a member of the Capitol 
                    Police.--Any Library of Congress Police employee who 
                    becomes a member of the Capitol Police under this 
                    subsection shall be entitled to have any creditable 
                    service under section 8332 or 8411 of title 5, 
                    United States Code, that was accrued prior to 
                    becoming a member of the Capitol Police included in 
                    calculating the employee's service as a member of 
                    the Capitol Police for purposes of section 8336(m) 
                    or 8412(d) of title 5, United States Code.
                        (B) Prior service for purposes of computation of 
                    annuity.--Any creditable service under section 8332 
                    or 8411 of title 5, United States Code, of an 
                    individual who becomes a member of the Capitol 
                    Police under this subsection that was accrued prior 
                    to becoming a member of the Capitol Police--

(i) shall be treated and computed as employee service under section 8339 or 
section 8415 of such title; but

(ii) shall not be treated as service as a member of the Capitol Police or 
service as a congressional employee for purposes of applying any formula 
under section 8339(b), 8339(q), 8415(c), or 8415(d) of such title under 
which a percentage of the individual's average pay is multiplied by the 
years (or other period) of such service.

            (c) Duties of employees transferred to civilian positions
                (1) Duties.--The duties of any individual who becomes a 
            civilian employee of the Capitol Police under this section, 
            including a Library of Congress Police civilian employee 
            under subsection (a)(2) and a Library of Congress Police 
            employee who becomes a civilian employee of the Capitol 
            Police under subsection (b)(1)(B), shall be determined 
            solely by the Chief of the Capitol Police, except that a 
            Library

[[Page 741]]

            of Congress Police civilian employee under subsection (a)(2) 
            shall continue to support Library of Congress police 
            operations until all Library of Congress Police employees 
            are transferred to the United States Capitol Police under 
            this section.
                (2) Finality of determinations.--Any determination of 
            the Chief of the Capitol Police under this subsection shall 
            not be appealable or reviewable in any manner.
            (d) Protecting status of transferred employees
                (1) Nonreduction in pay, rank, or grade.--The transfer 
            of any individual under this section shall not cause that 
            individual to be separated or reduced in basic pay, rank or 
            grade.
                (2) Leave and compensatory time.--Any annual leave, sick 
            leave, or other leave, or compensatory time, to the credit 
            of an individual transferred under this section shall be 
            transferred to the credit of that individual as a member or 
            an employee of the Capitol Police (as the case may be). The 
            treatment of leave or compensatory time transferred under 
            this section shall be governed by regulations of the Capitol 
            Police Board.
                (3) Prohibiting imposition of probationary period.--The 
            Chief of the Capitol Police may not impose a period of 
            probation with respect to the transfer of any individual who 
            is transferred under this section.
            (e) Rules of construction relating to employee 
            representation
                (1) Employee representation.--Nothing in this Act [the 
            U.S. Capitol Police and Library of Congress Police Merger 
            Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 2008, 
            121 Stat. 2546, which enacted 2 U.S.C.A. Sec. Sec. 141b and 
            143c, amended 2 U.S.C.A. Sec. Sec. 167i, 167j, 182b, 185, 
            and 1961, and 40 U.S.C.A. Sec. Sec. 5101, 5102, and 5104, 
            repealed 2 U.S.C.A. Sec. Sec. 167 to 167h, enacted 
            provisions set out as notes under this section and 2 
            U.S.C.A. Sec. Sec. 167 and 182b, and repealed provisions set 
            out as notes under this section] shall be construed to 
            authorize any labor organization that represented an 
            individual who was a Library of Congress police employee or 
            a Library of Congress police civilian employee before the 
            individual's transfer date to represent that individual as a 
            member of the Capitol Police or an employee of the Capitol 
            Police after the individual's transfer date.
                (2) Agreements not applicable.--Nothing in this Act [the 
            U.S. Capitol Police and Library of Congress Police Merger 
            Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 2008, 
            121 Stat. 2546, see Tables for classification] shall be 
            construed to authorize any collective bargaining agreement 
            (or any related court order, stipulated agreement, or 
            agreement to the terms or conditions of employment) 
            applicable to Library of Congress police employees or to 
            Library of Congress police civilian employees to apply to 
            members of the Capitol Police or to civilian employees of 
            the Capitol Police.
            (f) Rule of construction relating to personnel authority of 
            the Chief of the Capitol Police
                Nothing in this Act [the U.S. Capitol Police and Library 
            of Congress Police Merger Implementation Act of 2007, Pub.L. 
            110-178, Jan. 7, 2008, 12121 Stat. 2546, see Tables for 
            classification] shall be construed to affect the authority 
            of the Chief of the Capitol Police to--
                        (1) terminate the employment of a member of the 
                    Capitol Police or a civilian employee of the Capitol 
                    Police; or
                        (2) transfer any individual serving as a member 
                    of the Capitol Police or a civilian employee of the 
                    Capitol Police to another position with the Capitol 
                    Police.
            (g) Transfer date defined
                In this Act [the U.S. Capitol Police and Library of 
            Congress Police Merger Implementation Act of 2007, Pub.L. 
            110-178, Jan. 7, 2008, 121 Stat. 2546, see Tables for 
            classification], the term ``transfer date'' means, with 
            respect to an employee--
                        (1) in the case of a Library of Congress Police 
                    employee who becomes a member of the Capitol Police, 
                    the first day of the first pay period applicable to 
                    members of the United States Capitol Police which 
                    begins after the date on which the Chief of the 
                    Capitol Police issues the written certification for 
                    the employee under subsection (b)(1);
                        (2) in the case of a Library of Congress Police 
                    employee who becomes a civilian employee of the 
                    Capitol Police, the first day of the first pay 
                    period applicable to employees of the United States 
                    Capitol Police which begins after September 30, 
                    2009; or
                        (3) in the case of a Library of Congress Police 
                    civilian employee, the first day of the first pay 
                    period applicable to employees of the United States 
                    Capitol Police which begins after September 30, 
                    2008.

[[Page 742]]

            (h) Cancellation in portion of unobligated balance of 
            FEDLINK revolving fund
                Amounts available for obligation by the Librarian of 
            Congress as of the date of the enactment of this Act [Jan. 
            7, 2008] from the unobligated balance in the revolving fund 
            established under section 103 of the Library of Congress 
            Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c) 
            for the Federal Library and Information Network program of 
            the Library of Congress and the Federal Research program of 
            the Library of Congress are reduced by a total of $560,000, 
            and the amount so reduced is hereby cancelled.

            Sec. 3. Transition Provisions.

            (a) Transfer and allocations of property and appropriations
                (1) In general.--Effective on the transfer date of any 
            Library of Congress Police employee and Library of Congress 
            Police civilian employee who is transferred under this Act 
            [the U.S. Capitol Police and Library of Congress Police 
            Merger Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 
            2008, 121 Stat. 2546, see Tables for classification]--
                        (A) the assets, liabilities, contracts, 
                    property, and records associated with the employee 
                    shall be transferred to the Capitol Police; and
                        (B) the unexpended balances of appropriations, 
                    authorizations, allocations, and other funds 
                    employed, used, held, arising from, available to, or 
                    to be made available in connection with the employee 
                    shall be transferred to and made available under the 
                    appropriations accounts for the Capitol Police for 
                    ``Salaries'' and ``General Expenses'', as 
                    applicable.
                (2) Joint review.--During the transition period, the 
            Chief of the Capitol Police and the Librarian of Congress 
            shall conduct a joint review of the assets, liabilities, 
            contracts, property records, and unexpended balances of 
            appropriations, authorizations, allocations, and other funds 
            employed, used, held, arising from, available to, or to be 
            made available in connection with the transfer under this 
            Act [the U.S. Capitol Police and Library of Congress Police 
            Merger Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 
            2008, 121 Stat. 2546, see Tables for classification].
            (b) Treatment of alleged violations of certain employment 
            laws with respect to transferred individuals
                (1) In general.--Notwithstanding any other provision of 
            law and except as provided in paragraph (3), in the case of 
            an alleged violation of any covered law (as defined in 
            paragraph (4)) which is alleged to have occurred prior to 
            the transfer date with respect to an individual who is 
            transferred under this Act [the U.S. Capitol Police and 
            Library of Congress Police Merger Implementation Act of 
            2007, Pub.L. 110-178, Jan. 7, 2008, 121 Stat. 2546, see 
            Tables for classification], and for which the individual has 
            not exhausted all of the remedies available for the 
            consideration of the alleged violation which are provided 
            for employees of the Library of Congress under the covered 
            law prior to the transfer date, the following shall apply:
                        (A) The individual may not initiate any 
                    procedure which is available for the consideration 
                    of the alleged violation of the covered law which is 
                    provided for employees of the Library of Congress 
                    under the covered law.
                        (B) To the extent that the individual has 
                    initiated any such procedure prior to the transfer 
                    date, the procedure shall terminate and have no 
                    legal effect.
                        (C) Subject to paragraph (2), the individual may 
                    initiate and participate in any procedure which is 
                    available for the resolution of grievances of 
                    officers and employees of the Capitol Police under 
                    the Congressional Accountability Act of 1995 (2 
                    U.S.C. 1301 et seq.) to provide for consideration of 
                    the alleged violation. The previous sentence does 
                    not apply in the case of an alleged violation for 
                    which the individual exhausted all of the available 
                    remedies which are provided for employees of the 
                    Library of Congress under the covered law prior to 
                    the transfer date.
                (2) Special rules for applying Congressional 
            Accountability Act of 1995.--In applying paragraph (1)(C) 
            with respect to an individual to whom this subsection 
            applies, for purposes of the consideration of the alleged 
            violation under the Congressional Accountability Act of 1995 
            [Pub.L. 104-1, Jan. 23, 1995, 109 Stat. 3, see Short Title 
            note set under 2 U.S.C.A. Sec. 1301 and Tables]--
                        (A) the date of the alleged violation shall be 
                    the individual's transfer date;
                        (B) notwithstanding the third sentence of 
                    section 402(a) of such Act (2 U.S.C. 1402(a)), the 
                    individual's request for counseling under such 
                    section shall be made not later than 60 days after 
                    the date of the alleged violation; and

[[Page 743]]

                        (C) the employing office of the individual at 
                    the time of the alleged violation shall be the 
                    Capitol Police Board.
                (3) Exception for alleged violations subject to hearing 
            prior to transfer.--Paragraph (1) does not apply with 
            respect to an alleged violation for which a hearing has 
            commenced in accordance with the covered law on or before 
            the transfer date.
                (4) Covered law defined.--In this subsection, a 
            ``covered law'' is any law for which the remedy for an 
            alleged violation is provided for officers and employees of 
            the Capitol Police under the Congressional Accountability 
            Act of 1995 (2 U.S.C. 1301 et seq.).
            (c) Availability of detailees during transition period
                During the transition period, the Chief of the Capitol 
            Police may detail additional members of the Capitol Police 
            to the Library of Congress, without reimbursement.
            (d) Effect on existing Memorandum of Understanding
                The Memorandum of Understanding between the Library of 
            Congress and the Capitol Police entered into on December 12, 
            2004, shall remain in effect during the transition period, 
            subject to--
                        (1) the provisions of this Act [the U.S. Capitol 
                    Police and Library of Congress Police Merger 
                    Implementation Act of 2007, Pub.L. 110-178, Jan. 7, 
                    2008, 121 Stat. 2546, see Tables for 
                    classification]; and
                        (2) such modifications as may be made in 
                    accordance with the modification and dispute 
                    resolution provisions of the Memorandum of 
                    Understanding, consistent with the provisions of 
                    this Act [the U.S. Capitol Police and Library of 
                    Congress Police Merger Implementation Act of 2007, 
                    Pub.L. 110-178, Jan. 7, 2008, 121 Stat. 2546, see 
                    Tables for classification].
            (e) Rule of construction relating to personnel authority of 
            the Librarian of Congress
                Nothing in this Act [the U.S. Capitol Police and Library 
            of Congress Police Merger Implementation Act of 2007, Pub.L. 
            110-178, Jan. 7, 2008, 121 Stat. 2546, see Tables for 
            classification] shall be construed to affect the authority 
            of the Librarian of Congress to--
                        (1) terminate the employment of a Library of 
                    Congress Police employee or Library of Congress 
                    Police civilian employee; or
                        (2) transfer any individual serving in a Library 
                    of Congress Police employee position or Library of 
                    Congress Police civilian employee position to 
                    another position at the Library of Congress.

            Sec. 8. Definitions.

                In this Act [the U.S. Capitol Police and Library of 
            Congress Police Merger Implementation Act of 2007, Pub.L. 
            110-178, Jan. 7, 2008, 121 Stat. 2546, which enacted 2 
            U.S.C.A. Sec. Sec. 141b and 143c, amended 2 U.S.C.A. 
            Sec. Sec. 167i, 167j, 182b, 185, and 1961, and 40 U.S.C.A. 
            Sec. Sec. 5101, 5102, and 5104, repealed 2 U.S.C.A. 
            Sec. Sec. 167 to 167h, enacted provisions set out as notes 
            under this section and 2 U.S.C.A. Sec. Sec. 167 and 182b, 
            and repealed provisions set out as notes under this 
            section]--
                        (1) the term ``Act of August 4, 1950'' means the 
                    Act entitled ``An Act relating to the policing of 
                    the buildings and grounds of the Library of 
                    Congress,'' (2 U.S.C. 167 et seq.);
                        (2) the term ``Library of Congress Police 
                    employee'' means an employee of the Library of 
                    Congress designated as police under the first 
                    section of the Act of August 4, 1950 (2 U.S.C. 167);
                        (3) the term ``Library of Congress Police 
                    civilian employee'' means an employee of the Library 
                    of Congress Office of Security and Emergency 
                    Preparedness who provides direct administrative 
                    support to, and is supervised by, the Library of 
                    Congress Police, but shall not include an employee 
                    of the Library of Congress who performs emergency 
                    preparedness or collections control and preservation 
                    functions; and
                        (4) the term ``transition period'' means the 
                    period the first day of which is the date of the 
                    enactment of this Act [Jan. 7, 2008] and the final 
                    day of which is September 30, 2009.

                Similar provisions were contained in the following prior 
            Act:
                        Pub.L. 110-161, Div. H, Title I, Sec. 1004(b), 
                    (c), and (h), Dec. 26, 2007, 121 Stat. 2227, 2236.

            Training, Detailing, and Hiring Authority Pending Transfer 
            of Library of Congress Police Employees


[[Page 744]]


                Pub.L. 108-83, Title I, Sec. 1006, Sept. 30, 2003, 117 
            Stat. 1023, as amended Pub.L. 108-447, Div. G, Title I, 
            Sec. 1002, Dec. 8, 2004, 118 Stat. 3179; Pub.L. 109-55, 
            Title I, Sec. 1006(a), Aug. 2, 2005, 119 Stat. 576, provided 
            that:
            (a) Training and detailing
                (1) In general.--To provide for a more effective and 
            efficient transfer under section 1015 of the Legislative 
            Branch Appropriations Act, 2003 [Pub.L. 108-7, Div. H] (2 
            U.S.C. 1901 note) [set out as a note under this section]--
                        (A) the Chief of the Capitol Police shall 
                    provide for training, on a reimbursable basis, of 
                    Library of Congress Police employees who on the date 
                    of enactment of this Act [Sept. 30, 2003], are 42 
                    years of age or less and have 5 years or less of 
                    service as a Library of Congress Police employee, 
                    which shall be supplemental to Library of Congress 
                    Police training;
                        (B) the Librarian of Congress may detail, with 
                    or without reimbursement, Library of Congress Police 
                    employees to the Capitol Police; and
                        (C) the Chief of the Capitol Police may detail, 
                    on a reimbursable basis, members of the Capitol 
                    Police to the Library of Congress Police.
                (2) Beginning of training.--Training under paragraph (1) 
            shall begin within 90 days of the date of enactment of this 
            Act [Sept. 30, 2003].
            (b) Hiring
                (1) Definitions.--In this subsection, the terms ``Act of 
            August 4, 1950'' and ``Library of Congress Police employee'' 
            have the meanings given such terms under section 1015(c) of 
            the Legislative Branch Appropriations Act, 2003 [Pub.L. 108-
            7, Div. H] (2 U.S.C. 1901 note) [set out as a note under 
            this section].
                (2) Limitation on new Library of Congress Police 
            employees.--Notwithstanding the first section of the Act of 
            August 4, 1950 [2 U.S.C.A. Sec. 167] or any other provision 
            of law, the Librarian of Congress may not--
                        (A) hire any individual as a Library of Congress 
                    Police employee; or
                        (B) transfer any employee of the Library of 
                    Congress to a Library of Congress Police employee 
                    position.
                (3) Hiring of individuals--
                        (A) In general.--The Librarian of Congress may 
                    select individuals to be submitted to the Chief of 
                    the Capitol Police for purposes of subparagraph (B).
                        (B) Hiring.--If an individual submitted under 
                    subparagraph (A) meets all qualifications to be a 
                    member of the Capitol Police, the Chief of the 
                    Capitol Police shall hire that individual as a 
                    member of the Capitol Police. The Chief of Police 
                    may hire individuals under this subsection who are 
                    not submitted for selection under this subparagraph. 
                    All hirings under this subparagraph shall comply 
                    with the limitations under this paragraph for any 
                    fiscal year.
                        (C) Limitation for fiscal year 2004.--During 
                    fiscal year 2004, the number of individuals hired 
                    under this subsection may not exceed the total of--

(i) 23 individuals; and

(ii) the number of Library of Congress Police employees who separate from 
service or transfer to a position other than a Library of Congress Police 
employee position.

                        (D) Limitation for fiscal year 2005.--During 
                    fiscal year 2005, the number of individuals hired 
                    under this subsection may not exceed--

(i) the number of Library of Congress Police employees who separated from 
service or transferred to a position other than a Library of Congress 
Police employee position during fiscal year 2004 for whom a corresponding 
hire was not made under this subsection; and

(ii) the number of Library of Congress Police employees who separate from 
service or transfer to a position other than a Library of Congress Police 
employee position during fiscal year 2005.

                        (E) Limitation for fiscal year 2006.--During 
                    fiscal year 2006, the number of individuals hired 
                    under this subsection may not exceed--

(i) the number of Library of Congress Police employees who separated from 
service or transferred to a position other than a Library of Congress 
Police employee position during fiscal year 2005 for whom a corresponding 
hire was not made under this subsection; and

(ii) the number of Library of Congress Police employees who separate from 
service or transfer to a position other than a Library of Congress Police 
employee position during fiscal year 2006.

                (4) Training and detailing.--Notwithstanding subsection 
            (a)(1)(C) [of this note], the Chief of the Capitol Police 
            may detail an individual hired under this subsection to the 
            Library of Congress Police on a nonreimbursable basis. Any 
            individual

[[Page 745]]

            detailed under this subsection shall receive necessary 
            training, including training by the Library of Congress 
            Police.
                (5) Assignments and reassignments.--Nothing under this 
            subsection may be construed to affect the authority of the 
            Chief of the Capitol Police, after the date of the transfer 
            of Library of Congress Police employees under section 1015 
            of the Legislative Appropriations Act, 2003 (2 U.S.C. 1901 
            note) [set out as a note under this section], to assign or 
            reassign any member of the Capitol Police hired under this 
            subsection.
                (6) Effective date.--This subsection shall take effect 
            on the date of enactment of this Act [Sept. 30, 2003] and 
            apply with respect to--
                        (A) any remaining portion of fiscal year 2003, 
                    if this Act [Legislative Branch Appropriations Act, 
                    2004, Pub.L. 108-3, Sept. 30, 2003, 117 Stat. 1007; 
                    see Tables for complete classification] is enacted 
                    before October 1, 2003; and
                        (B) fiscal year 2004 and each fiscal year, 
                    thereafter.

            [Pub.L. 110-161, Div. H, Title I, Sec. 1004(g)(1) and (2), 
            Dec. 26, 2007, 121 Stat. 2236 and Pub.L. 110-178, Sec. 7(a) 
            and (b), Jan. 7, 2008, 121 Stat. 2554, provided, in part, 
            that effective Oct. 1, 2009, section 1006 of Pub.L. 110-83, 
            Title I, is repealed. See Pub.L. 110-161, Div. H, 
            Sec. 1004(g)(2) and Pub.L. 110-178, Sec. 7(b), set out as an 
            Effective and Applicability Provisions notes under this 
            section.]

            Capitol Police Board; Composition; Redefining Mission

                Pub.L. 108-7, Div. H, Title I, Sec. 1014, Feb. 20, 2003, 
            117 Stat. 361, provided that:
            (a) Capitol Police Board; composition; redefining mission
                (1) Purpose.--The purpose of the Capitol Police Board is 
            to oversee and support the Capitol Police in its mission and 
            to advance coordination between the Capitol Police and the 
            Sergeant at Arms of the House of Representatives and the 
            Sergeant at Arms and Doorkeeper of the Senate, in their law 
            enforcement capacities, and the Congress. Consistent with 
            this purpose, the Capitol Police Board shall establish 
            general goals and objectives covering its major functions 
            and operations to improve the efficiency and effectiveness 
            of its operations.
                (2) Composition.--The Capitol Police Board shall consist 
            of the Sergeant at Arms of the House of Representatives, the 
            Sergeant at Arms and Doorkeeper of the Senate, the Chief of 
            the Capitol Police, and the Architect of the Capitol. The 
            Chief of Capitol Police shall serve in an ex-officio 
            capacity and be a non-voting member of the Board.
            (b) Initial review and report
                Not later than 180 days after the date of the enactment 
            of this Act [Feb. 20, 2003], the Capitol Police Board 
            shall--
                        (1) examine the mission of the Capitol Police 
                    Board and, based on that analysis, redefine the 
                    Capitol Police Board's mission, mission-related 
                    processes, and administrative processes;
                        (2) conduct an assessment of the effectiveness 
                    and usefulness of its statutory functions in 
                    contributing to the Capitol Police Board's ability 
                    to carry out its mission and meet its goals, 
                    including an explanation of the reasons for any 
                    determination that the statutory functions are 
                    appropriate and advisable in terms of its purpose, 
                    mission, and long-term goals; and
                        (3) submit to the Speaker and minority leader of 
                    the House of Representatives and the President pro 
                    tempore and minority leader of the Senate a report 
                    on the results of its examination and assessment, 
                    including recommendations for any legislation that 
                    the Capitol Police Board considers appropriate and 
                    necessary.
            (c) Executive Assistant
                (1) Establishment.--There shall be established in the 
            Capitol Police an Executive Assistant for the Capitol Police 
            Board to act as a central point for communication and 
            enhance the overall effectiveness and efficiency of the 
            Capitol Police Board's administrative activities.
                (2) Appointment.--The Executive Assistant shall be 
            appointed by the Chief of the Capitol Police in consultation 
            with the Sergeant at Arms of the House of Representatives 
            and the Sergeant at Arms and Doorkeeper of the Senate.
                (3) Duties.--The Executive Assistant shall be assigned 
            to, and report to, the Chairman of the Board. The Executive 
            Assistant shall assist the Capitol Police Board in 
            developing, documenting, and implementing a clearly defined 
            process for additional tasks assigned to the Capitol Police 
            Board under this section [this note], and shall perform any 
            additional duties assigned by the Capitol Police Board.
            (d) Documentation

[[Page 746]]

                (1) Functions and processes.--The Capitol Police Board 
            shall document its functions and processes, including its 
            mission statement, policies, directives, and operating 
            procedures established or revised under subsection (a)(1) or 
            (b) [of this note], and make such documentation available 
            for examination to the Speaker and minority leader of the 
            House of Representatives, the President pro tempore and 
            minority leader of the Senate, the Chief of the Capitol 
            Police, and the Comptroller General.
                (2) Meetings.--The Capitol Police Board shall document 
            Board meetings and make the documentation available for 
            distribution to the Speaker and minority leader of the House 
            of Representatives and the President pro tempore and 
            minority leader of the Senate.
            (e) Assistance of Comptroller General
                Upon request, the Comptroller General shall provide 
            assistance to the Capitol Police Board in carrying out its 
            responsibilities under this subsection.
            (f) References in law; effect on other laws
                (1) Any reference in any law or resolution in effect as 
            of the date of the enactment of this Act [Feb. 20, 2003] to 
            the ``Capitol Police Board'' shall be deemed to refer to the 
            Capitol Police Board as composed under subsection (a)(2) [of 
            this note].
                (2) Nothing in this section [this note] shall be 
            construed to affect the jurisdiction, powers, or 
            prerogatives of the Capitol Police Board or its individual 
            members unless specifically provided herein.
            Transfer of Library of Congress Police to the United States 
            Capitol Police

                Pub.L. 108-7, Div. H, Title I, Sec. 1015, Feb. 20, 2003, 
            117 Stat. 362, provided that:
            (a) Transfer of Library of Congress Police to the United 
            States Capitol Police
                (1) Transfer of personnel and functions.--There are 
            transferred to the United States Capitol Police--
                        (A) each Library of Congress Police employee; 
                    and
                        (B) any functions performed under the first 
                    section of the Act of August 4, 1950 (2 U.S.C. 167) 
                    and section 9 of that Act (2 U.S.C. 167h) (as in 
                    effect immediately before the effective date of this 
                    section [Feb. 20, 2003]).
                (2) Effect on personnel--
                        (A) Annual and sick leave.--Any annual or sick 
                    leave to the credit of an individual transferred 
                    under paragraph (1) shall be transferred to the 
                    credit of that individual as an employee of the 
                    United States Capitol Po- lice.
                        (B) Service performed for retirement purposes.--
                    For those Library of Congress Police employees 
                    transferred under paragraph (1)(A), any period of 
                    service performed by a Library of Congress Police 
                    employee shall be deemed to be service performed as 
                    a member of the United States Capitol Police for 
                    purposes of chapters 83 and 84 of title 5, United 
                    States Code [5 U.S.C.A. Sec. 8301 et seq. and 5 
                    U.S.C.A. Sec. 8401 et seq.].
                        (C) Vacancies.--Notwithstanding any other 
                    provision of law, upon the date of enactment of this 
                    section [Feb. 20, 2003] and until completion of the 
                    transfer under paragraph (1), vacancies in Library 
                    of Congress police employee positions, if filled, 
                    shall be filled in accordance with the employment 
                    standards of the United States Capitol Police, to 
                    the extent practicable as determined by the Chief of 
                    the Capitol Police.
                (3) Effective date of transfer of personnel and 
            functions.--Library of Congress employees transferred to the 
            United States Capitol Police under paragraph (1)(A), and 
            Library of Congress functions transferred under paragraph 
            (1)(B) shall be transferred to the United States Capitol 
            Police upon approval of the Commit-tees on Appropriations of 
            the House and Senate and the appropriate authorizing 
            committees.
            (b) Transition
                (1) Implementation plan--
                        (A) Plan.--Not later than 180 days after the 
                    date of enactment of this section [Feb. 20, 2003], 
                    the Chief of the Capitol Police shall prepare and 
                    submit to the appropriate committees of Congress for 
                    approval, and to the Capitol Police Board and the 
                    Librarian of Congress, a plan

(i) describing the policies and procedures, and actions the Chief of the 
Capitol Police will take in implementing the transfer provisions under this 
section [this note];

(ii) establishing dates by which Library of Congress personnel and 
functions authorized to be transferred under subsection (a)(1) [of this 
note] shall be transferred to the United States Capitol Police;

[[Page 747]]

(iii) in consultation with the Librarian of Congress, providing for the 
performance of law enforcement and protection functions relating to the 
buildings and grounds of the Library of Congress, including collections 
security, within the overall security responsibilities of the United States 
Capitol Police;

(iv) recommending legislative changes needed to implement the transfers 
under subsection (a)(1) [of this note], including--

(I) identifying options for addressing how to apply United States Capitol 
Police retirement provisions to such transferred personnel;

(II) identifying options related to providing voluntary separation 
incentives to transferred personnel; and

(III) identifying options to ensure the Librarian of Congress maintains 
appropriate authority to execute his security responsibilities;

(v) detailing the mechanisms to be used by the Chief of the Capitol Police 
for ensuring that Library of Congress employees transferred to the United 
States Capitol Police under subsection (a)(1) [of this note] are not 
adversely affected by the transfer with respect to pay;

(vi) addressing--

(I) how United States Capitol Police training and qualification 
requirements will be applied to Library of Congress employees transferred 
under subsection (a)(1) [of this note]; and

(II) the overall training needs of the merged police force; and

(vii) providing an analysis of the cost implications of implementing the 
plan.

                (2) Implementation report.--Not later than 1 year after 
            the date of enactment of this section [Feb. 20, 2003], and 
            annually thereafter until the transfer is fully implemented, 
            the Chief of the Capitol Police shall prepare and submit a 
            report to the appropriate committees of Congress, the 
            Capitol Police Board, and the Librarian of Congress, on the 
            Chief of the Capitol Police's progress in implementing the 
            plan required in paragraph (1)(A) of this subsection, 
            including any adjustments to cost estimates or legislative 
            changes needed to implement the provisions of this section 
            [this note].
            (c) Definitions
                In this section [this note]--
                        (1) the term ``Act of August 4, 1950'' means the 
                    Act entitled ``An Act relating to the policing of 
                    the buildings and grounds of the Library of 
                    Congress'', approved August 4, 1950 (2 U.S.C. 167 et 
                    seq.) [Library of Congress Police Act, Act Aug. 4, 
                    1950, c. 561, 64 Stat. 411, as amended, classified 
                    as 2 U.S.C.A. Sec. 167 et seq.]; and
                        (2) The term ``Library of Congress Police 
                    employee''--

(A) means an employee of the Library of Congress designated as police under 
the first section of the Act of August 4, 1950 (2 U.S.C. 167) (as in effect 
immediately before the effective date of this section [Feb. 20, 2003]); and

(B) does not include any civilian employee performing police support 
functions.

            (d) Effective date
                Except as otherwise provided in this section [this 
            note], this section shall take effect on the date of 
            enactment of this section [Feb. 20, 2003].
            [Pub.L. 110-161, Div. H, Title I, Sec. 1004(g)(1) and (2), 
            Dec. 26, 2007, 121 Stat. 2236 and Pub.L. 110-178, Sec. 7(a) 
            and (b), Jan. 7, 2008, 121 Stat. 2554 provided, in part, 
            that effective Oct. 1, 2009, section 1015 of Pub.L. 108-7, 
            Div. H, is repealed. See Pub.L. 110-161, Div. H, 
            Sec. 1004(g)(2) and Pub.L. 110-178, Sec. 7(b), set out as an 
            Effective and Applicability Provisions notes under this 
            section.]

            Long Term Strategic Plan

                Pub.L. 108-7, Div. H, Title I, Sec. 1019, Feb. 20, 2003, 
            117 Stat. 369, provided that:
            (a) Long term strategic plan
                (1) In general.--The Chief of the United States Capitol 
            Police, in consultation with the Comptroller General, shall 
            develop a long term strategic plan which outlines the goals 
            and objectives of the Capitol Police.
                (2) Annual update.--During the period in which the 
            strategic plan developed under this subsection is in effect, 
            the Chief shall annually update the plan.
                (3) Period covered by plan.--The strategic plan under 
            this subsection shall cover the first 5 fiscal years which 
            begin after the plan is developed.
            (b) Annual performance plan

[[Page 748]]

                (1) In general.--With respect to each year which is 
            covered by the strategic plan developed under subsection (a) 
            [of this note], the Chief of the Capitol Police, in 
            consultation with the Comptroller General, shall develop an 
            annual performance plan for implementing the goals and 
            objectives of the strategic plan during the year.
                (2) Contents.--The annual performance plan developed 
            under this subsection for a year shall include performance 
            goals for each of the goals and objectives of the strategic 
            plan which apply during the year, and shall include (to the 
            extent practicable) quantifiable performance measures for 
            determining the success of the Capitol Police in meeting 
            each such performance goal.
                (3) Evaluation by Comptroller General.--The Comptroller 
            General shall annually evaluate the implementation of the 
            plan and the extent to which the Capitol Police have met the 
            performance goals of the plan, and shall provide the results 
            of the evaluation to the Capitol Police Board, the 
            Committees on Appropriations of the House of Representatives 
            and Senate, the Committee on House Administration of the 
            House of Representatives, and the Committee on Rules and 
            Administration of the Senate.
            (c) Initial action plan
                Not later than 180 days after the date of the enactment 
            of this Act [Feb. 20, 2003], the Chief of the Capitol Police 
            shall develop an initial action plan describing the 
            policies, procedures, and actions the Chief will carry out 
            to meet the requirements of this section and setting forth a 
            timetable for carrying out each such policy, procedure, and 
            action, and shall submit such plan (upon the approval of the 
            Capitol Police Board) to the Committees on Appropriations of 
            the House of Representatives and Senate, the Committee on 
            House Administration of the House of Representatives, and 
            the Committee on Rules and Administration of the Senate.
            Assistant Chief Compensation
                Pub.L. 107-117, Div. B, Ch. 9, Sec. 907(b), Jan. 10, 
            2002, 115 Stat. 2319, as amended Pub.L. 108-7, Div. H, Title 
            I, Sec. 1013(b), Feb. 20, 2003, 117 Stat. 361, provided 
            that: The annual rate of pay for the Assistant Chief of the 
            Capitol Police shall be the amount equal to $1,000 less than 
            the annual rate of pay in effect for the Chief of the 
            Capitol Police.
       877  Sec. 1903. Chief Administrative Officer.
            (a) In general
                There shall be within the Capitol Police an Office of 
            Administration to be headed by a Chief Administrative 
            Officer as follows:
                            (1) Not later than 60 days after December 
                        21, 2000, the Chief Administrative Officer shall 
                        be appointed by the Chief of the Capitol Police 
                        after consultation with the Capitol Police Board 
                        and the Comptroller General, and shall report to 
                        and serve at the pleasure of the Chief of the 
                        Capitol Police.
                            (2) The Comptroller General shall evaluate 
                        the performance of the Chief Administrative 
                        Officer in carrying out the duties and 
                        responsibilities of the Office of Administration 
                        as outlined in this section. The Comptroller 
                        General shall meet with the Chief of the Capitol 
                        Police and the Capitol Police Board at least 
                        quarterly to provide an analysis of the 
                        performance of the Chief Administrative Officer. 
                        The Comptroller General shall report the results 
                        of the evaluation to the Chief of the Capitol 
                        Police, the Capitol Police Board, the Committees 
                        on Appropriations of the House of 
                        Representatives and Senate, the Committee on 
                        House Administration of the House of 
                        Representatives, and the Committee on Rules and 
                        Administration of the Senate.
                            (3) The Chief of the Capitol Police shall 
                        appoint as Chief Administrative Officer an 
                        individual with the knowledge and skills 
                        necessary to carry out the responsibilities for 
                        budgeting, financial management, information 
                        technology, and human resource management 
                        described in this section.

[[Page 749]]

                            (4) The annual rate of pay for the Chief 
                        Administrative Officer shall be the amount equal 
                        to $1,000 less than the annual rate of pay in 
                        effect for the Chief of the Capitol Police.
                            (5) The Capitol Police shall reimburse from 
                        available appropriations any costs incurred by 
                        the Comptroller General under this section, 
                        which shall be deposited to the appropriation of 
                        the Government Accountability Office then 
                        available and remain available until expended.
            (b) Responsibilities
                The Chief Administrative Officer shall have the 
            following areas of responsibility:
                            (1) Budgeting
                            The Chief Administrative Officer shall--

                                (A) prepare and submit to the Capitol 
                            Police Board an annual budget for the 
                            Capitol Police; and

                                (B) execute the budget and monitor 
                            through periodic examinations the execution 
                            of the Capitol Police budget in relation to 
                            actual obligations and expenditures.

                            (2) Financial management
                            The Chief Administrative Officer shall--

                                (A) oversee all financial management 
                            activities relating to the programs and 
                            operations of the Capitol Police;

                                (B) develop and maintain an integrated 
                            accounting and financial system for the 
                            Capitol Police, including financial 
                            reporting and internal controls, which--

                                        (i) complies with applicable 
                                    accounting principles, standards, 
                                    and requirements, and internal 
                                    control standards;

                                        (ii) complies with any other 
                                    requirements applicable to such 
                                    systems; and

                                        (iii) provides for--

                                                (I) complete, reliable, 
                                            consistent, and timely 
                                            information which is 
                                            prepared on a uniform basis 
                                            and which is responsive to 
                                            financial information needs 
                                            of the Capitol Police;
                                                (II) the development and 
                                            reporting of cost 
                                            information;
                                                (III) the integration of 
                                            accounting and budgeting 
                                            information; and
                                                (IV) the systematic 
                                            measurement of performance;

                                (C) direct, manage, and provide policy 
                            guidance and oversight of Capitol Police 
                            financial management personnel, activities, 
                            and operations, including--

                                        (i) the recruitment, selection, 
                                    and training of personnel to carry 
                                    out Capitol Police financial 
                                    management functions; and

                                        (ii) the implementation of 
                                    Capitol Police asset management 
                                    systems, including systems for cash 
                                    management, debt collection, and 
                                    property and inventory management 
                                    and control; and

                                (D) Prepare\1\ annual financial 
                            statements for the Capitol Police, and such 
                            financial statements shall be audited by the 
                            In

[[Page 750]]

                            spector General of the Capitol Police or by 
                            an independent public accountant, as 
                            determined by the Inspector General.

                \1\ So in original. Probably should not be capitalized.
                            (3) Information technology
                            The Chief Administrative Officer shall--

                                (A) direct, coordinate, and oversee the 
                            acquisition, use, and management of 
                            information technology by the Capitol 
                            Police;

                                (B) promote and oversee the use of 
                            information technology to improve the 
                            efficiency and effectiveness of programs of 
                            the Capitol Police; and

                                (C) establish and enforce information 
                            technology principles, guidelines, and 
                            objectives, including developing and 
                            maintaining an information technology 
                            architecture for the Capitol Police.

                            (4) Human resources
                            The Chief Administrative Officer shall--

                                (A) direct, coordinate, and oversee 
                            human resources management activities of the 
                            Capitol Police;

                                (B) develop and monitor payroll and time 
                            and attendance systems and employee 
                            services; and

                                (C) develop and monitor processes for 
                            recruiting, selecting, appraising, and 
                            promoting employees.

            (c) Administrative provisions
                (1) Personnel
                            The Chief Administrative Officer is 
                        authorized to select, appoint, employ, and 
                        discharge such officers and employees as may be 
                        necessary to carry out the functions, powers, 
                        and duties of the Office of Administration, but 
                        shall not have the authority to hire or 
                        discharge uniformed and operational police force 
                        personnel.
                (2) Resources of other agencies
                            The Chief Administrative Officer may utilize 
                        resources of another agency on a reimbursable 
                        basis to be paid from available appropriations 
                        of the Capitol Police.
            (d) Plan
                No later than 180 days after appointment, the Chief 
            Administrative Officer shall prepare and submit to Chief of 
            the Capitol Police, the Capitol Police Board, and the 
            Comptroller General, a plan--
                            (1) describing the policies, procedures, and 
                        actions the Chief Administrative Officer will 
                        take in carrying out the responsibilities 
                        assigned under this section;
                            (2) identifying and defining 
                        responsibilities and roles of all offices, 
                        bureaus, and divisions of the Capitol Police for 
                        budgeting, financial management, information 
                        technology, and human resources management; and
                            (3) detailing mechanisms for ensuring that 
                        the offices, bureaus, and divisions perform 
                        their responsibilities and roles in a 
                        coordinated and integrated manner.
            (e) Report
                No later than September 30, 2001, the Chief 
            Administrative Officer shall prepare and submit to the Chief 
            of the Capitol Police, the Capitol Police Board, and the 
            Comptroller General, a report on the Chief Administrative 
            Officer's progress in implementing the plan described in 
            subsection (d) of this section and recommendations to 
            improve the budg

[[Page 751]]

            eting, financial, information technology, and human 
            resources management of the Capitol Police, including 
            organizational, accounting and administrative control, and 
            personnel changes.
            (f) Submission to Committees
                The Chief of the Capitol Police shall submit the plan 
            required in subsection (d) of this section and report 
            required in subsection (e) of this section to the Committees 
            on Appropriations of the House of Representatives and of the 
            Senate, the Committee on House Administration of the House 
            of Representatives, and the Committee on Rules and 
            Administration of the Senate.
            (g) Termination of role
                As of October 1, 2002, the role of the Comptroller 
            General, as established by this section, will cease. (Pub. 
            L. 106-554, Sec. 1(a)(2) [Title I, Sec. 108], Dec. 21, 2000, 
            114 Stat. 2763, 2763A-104; Pub.L. 106-346, Sec. 101(a) 
            [Title V, Sec. 507(a)], Oct. 23, 2000, 114 Stat. 1356, 
            1356A-55; Pub.L. 107-68, Title I, Sec. 122(a), Nov. 12, 
            2001, 115 Stat. 576; Pub.L. 108-7, Div. H, Title I, 
            Sec. 1013(c), Feb. 20, 2003, 117 Stat. 361; Pub.L. 108-271, 
            Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 109-55, Title 
            I, Sec. 1004(g), Aug. 2, 2005, 119 Stat. 575.)
       878  Sec. 1906. Disposal of surplus property.
            (a) In general
                Within the limits of available appropriations, the 
            Capitol Police may dispose of surplus or obsolete property 
            of the Capitol Police by interagency transfer, donation, 
            sale, trade-in, or other appropriate method.
            (b) Amounts received
                Any amounts received by the Capitol Police from the 
            disposition of property under subsection (a) of this section 
            shall be credited to the account established for the general 
            expenses of the Capitol Police, and shall be available to 
            carry out the purposes of such account during the fiscal 
            year in which the amounts are received and the following 
            fiscal year.
            (c) Effective date
                This section shall apply to fiscal year 2003 and each 
            fiscal year thereafter. (Pub.L. 108-7, Div. H, Title I, 
            Sec. 1003, Feb. 20, 2003, 117 Stat. 357.)
       879  Sec. 1908. Legal representation authority.
            (a) In general
                (1) Authorization of representation
                            Any counsel described under paragraph (2) 
                        may for the purposes of providing legal 
                        assistance and representation to the United 
                        States Capitol Police Board or the United States 
                        Capitol Police enter an appearance in any 
                        proceeding before any court of the United States 
                        or of any State or political subdivision 
                        thereof, without compliance with any requirement 
                        for admission to practice before such court.
                (2) Counsel
                            Paragraph (1) refers to--

                                (A) the General Counsel for the United 
                            States Capitol Police Board and the Chief of 
                            the Capitol Police;

[[Page 752]]

                                (B) the Employment Counsel for the 
                            United States Capitol Police Board and the 
                            United States Capitol Police;

                                (C) any attorney employed in the Office 
                            of the General Counsel for the United States 
                            Capitol Police or the Office of Employment 
                            Counsel for the United States Capitol 
                            Police;

                                (D) the counsel for, or any attorney 
                            employed by, any successor office of either 
                            office described under subparagraph (C); and

                                (E) any attorney retained by contract 
                            with either office described under 
                            subparagraph (C).

            (b) Limitations
                (1) Direction for appearance
                            Entrance of appearance authorized under 
                        subsection (a) of this section shall be subject 
                        to the direction of the Capitol Police Board.
                (2) United States Supreme Court
                            The authority under subsection (a) of this 
                        section shall not apply with respect to the 
                        admission of any person to practice before the 
                        United States Supreme Court.
            (c) Effective date
                This section shall apply to fiscal year 2004, and each 
            fiscal year thereafter. (Pub.L. 108-83, Title I, Sec. 1002, 
            Sept. 30, 2003, 117 Stat. 1020.)
       880  Sec. 1909. Inspector General for the United States Capitol 
                Police.
            (a) Establishment of Office
                There is established in the United States Capitol Police 
            the Office of the Inspector General (hereafter in this 
            section referred to as the ``Office''), headed by the 
            Inspector General of the United States Capitol Police 
            (hereafter in this section referred to as the ``Inspector 
            General'').
            (b) Inspector General
                (1) Appointment
                            The Inspector General shall be appointed by, 
                        and under the general supervision of, the 
                        Capitol Police Board. The appointment shall be 
                        made in consultation with the Inspectors General 
                        of the Library of Congress, Government Printing 
                        Office, and the Government Accountability 
                        Office. The Capitol Police Board shall appoint 
                        the Inspector General without regard to 
                        political affiliation and solely on the basis of 
                        integrity and demonstrated ability in 
                        accounting, auditing, financial analysis, law, 
                        management analysis, public administration, or 
                        investigations.
                (2) Term of service
                            The Inspector General shall serve for a term 
                        of 5 years, and an individual serving as 
                        Inspector General may be reappointed for not 
                        more than 2 additional terms.
                (3) Removal
                            The Inspector General may be removed from 
                        office prior to the expiration of his term only 
                        by the unanimous vote of all of the voting 
                        members of the Capitol Police Board, and the 
                        Board shall communicate the reasons for any such 
                        removal to the Committee on House 
                        Administration, the Senate Committee on Rules 
                        and Ad

[[Page 753]]

                        ministration and the Committees on 
                        Appropriations of the House of Representatives 
                        and of the Senate.
                (4) Salary
                            The Inspector General shall be paid at an 
                        annual rate equal to $1,000 less than the annual 
                        rate of pay in effect for the Chief of the 
                        Capitol Police.
                (5) Deadline
                            The Capitol Police Board shall appoint the 
                        first Inspector General under this section not 
                        later than 180 days after August 2, 2005.
            (c) Duties
                (1) Applicability of duties of Inspector General of 
            executive branch establishment
                            The Inspector General shall carry out the 
                        same duties and responsibilities with respect to 
                        the United States Capitol Police as an Inspector 
                        General of an establishment carries out with 
                        respect to an establishment under section 4 of 
                        the Inspector General Act of 1978 (5 U.S.C. App. 
                        4), under the same terms and conditions which 
                        apply under such section.
                (2) Semiannual reports
                            The Inspector General shall prepare and 
                        submit semiannual reports summarizing the 
                        activities of the Office in the same manner, and 
                        in accordance with the same deadlines, terms, 
                        and conditions, as an Inspector General of an 
                        establishment under section 5 (other than 
                        subsection (a)(13) thereof) of the Inspector 
                        General Act of 1978 (5 U.S.C. App. 5). For 
                        purposes of applying section 5 of such Act to 
                        the Inspector General, the Chief of the Capitol 
                        Police shall be considered the head of the 
                        establishment. The Chief shall, within 30 days 
                        of receipt of a report, report to the Capitol 
                        Police Board, the Committee on House 
                        Administration, the Senate Committee on Rules 
                        and Administration, and the Committees on 
                        Appropriations of the House of Representatives 
                        and of the Senate consistent with section 5(b) 
                        of such Act.
                (3) Investigations of complaints of employees and 
            members
                            (A) Authority

                                The Inspector General may receive and 
                            investigate complaints or information from 
                            an employee or member of the Capitol Police 
                            concerning the possible existence of an 
                            activity constituting a violation of law, 
                            rules, or regulations, or mismanagement, 
                            gross waste of funds, abuse of authority, or 
                            a substantial and specific danger to the 
                            public health and safety, including 
                            complaints or information the investigation 
                            of which is under the jurisdiction of the 
                            Internal Affairs Division of the Capitol 
                            Police as of August 2, 2005.

                            (B) Nondisclosure

                                The Inspector General shall not, after 
                            receipt of a complaint or information from 
                            an employee or member, disclose the identity 
                            of the employee or member without the 
                            consent of the employee or member, unless 
                            required by law or the Inspector General 
                            determines such disclosure is otherwise 
                            unavoidable during the course of the 
                            investigation.

                            (C) Prohibiting retaliation

                                An employee or member of the Capitol 
                            Police who has authority to take, direct 
                            others to take, recommend, or approve any

[[Page 754]]

                            personnel action, shall not, with respect to 
                            such authority, take or threaten to take any 
                            action against any employee or member as a 
                            reprisal for making a complaint or 
                            disclosing information to the Inspector 
                            General, unless the complaint was made or 
                            the information disclosed with the knowledge 
                            that it was false or with willful disregard 
                            for its truth or falsity.

                (4) Independence in carrying out duties

                                Neither the Capitol Police Board, the 
                            Chief of the Capitol Police, nor any other 
                            member or employee of the Capitol Police may 
                            prevent or prohibit the Inspector General 
                            from carrying out any of the duties or 
                            responsibilities assigned to the Inspector 
                            General under this section.

            (d) Powers
                (1) In general
                            The Inspector General may exercise the same 
                        authorities with respect to the United States 
                        Capitol Police as an Inspector General of an 
                        establishment may exercise with respect to an 
                        establishment under section 6(a) of the 
                        Inspector General Act of 1978 (5 U.S.C. App. 
                        6(a)), other than paragraphs (7) and (8) of such 
                        section.
                (2) Staff
                            (A) In general

                                The Inspector General may appoint and 
                            fix the pay of such personnel as the 
                            Inspector General considers appropriate. 
                            Such personnel may be appointed without 
                            regard to the provisions of Title 5 
                            regarding appointments in the competitive 
                            service, and may be paid without regard to 
                            the provisions of chapter 51 and subchapter 
                            III of chapter 53 of such title relating to 
                            classification and General Schedule pay 
                            rates, except that no personnel of the 
                            Office (other than the Inspector General) 
                            may be paid at an annual rate greater than 
                            $500 less than the annual rate of pay of the 
                            Inspector General under subsection (b)(4) of 
                            this section.

                            (B) Experts and consultants

                                The Inspector General may procure 
                            temporary and intermittent services under 
                            section 3109 of Title 5 United States Code 
                            at rates not to exceed the daily equivalent 
                            of the annual rate of basic pay for level IV 
                            of the Executive Schedule under section 5315 
                            of such title.

                            (C) Independence in appointing staff

                                No individual may carry out any of the 
                            duties or responsibilities of the Office 
                            unless the individual is appointed by the 
                            Inspector General, or provides services 
                            procured by the Inspector General, pursuant 
                            to this paragraph. Nothing in this 
                            subparagraph may be construed to prohibit 
                            the Inspector General from entering into a 
                            contract or other arrangement for the 
                            provision of services under this section.

                            (D) Applicability of Capitol Police 
                        personnel rules

                                None of the regulations governing the 
                            appointment and pay of employees of the 
                            Capitol Police shall apply with respect to 
                            the appointment and compensation of the 
                            personnel of the Office, except to the 
                            extent agreed to by the Inspector General. 
                            Nothing in the previous sentence may be 
                            construed to affect subparagraphs (A) 
                            through (C).

[[Page 755]]

                (3) Equipment and supplies
                            The Chief of the Capitol Police shall 
                        provide the Office with appropriate and adequate 
                        office space, together with such equipment, 
                        supplies, and communications facilities and 
                        services as determined by the Inspector General 
                        to be necessary for the operation of the Office, 
                        and shall provide necessary maintenance services 
                        for such office space and the equipment and 
                        facilities located therein.
            (e) Transfer of functions
                (1) Transfer
                            To the extent that any office or entity in 
                        the Capitol Police prior to the appointment of 
                        the first Inspector General under this section 
                        carried out any of the duties and 
                        responsibilities assigned to the Inspector 
                        General under this section, the functions of 
                        such office or entity shall be transferred to 
                        the Office upon the appointment of the first 
                        Inspector General under this section.
                (2) No reduction in pay or benefits
                            The transfer of the functions of an office 
                        or entity to the Office under paragraph (1) may 
                        not result in a reduction in the pay or benefits 
                        of any employee of the office or entity, except 
                        to the extent required under subsection 
                        (d)(2)(A) of this section.
            (f) Effective date
                This section shall be effective upon enactment of this 
            Act.
            (g) Omitted

            (Pub.L. 109-55, Title I, Sec. 1004, Aug. 2, 2005, 119 Stat. 
            572.)

       881  Sec. 1910. Report of disbursements.
            (a) In general
                Not later than 60 days after the last day of each 
            semiannual period, the Chief of the Capitol Police shall 
            submit to Congress, with respect to that period, a detailed, 
            itemized report of the disbursements for the operations of 
            the United States Capitol Police.
            (b) Contents
                The report required by subsection (a) of this section 
            shall include--
                            (1) the name of each person or entity who 
                        receives a payment from the Capitol Police and 
                        the amount thereof;
                            (2) a description of any service rendered to 
                        the Capitol Police, together with service dates;
                            (3) a statement of all amounts appropriated 
                        to, or received or expended by, the Capitol 
                        Police and any unexpended balances of such 
                        amounts for any open fiscal year; and
                            (4) such additional information as may be 
                        required by regulation of the Committee on House 
                        Administration of the House of Representatives 
                        or the Committee on Rules and Administration of 
                        the Senate.
            (c) Printing
                Each report under this section shall be printed as a 
            House document.
            (d) Effective date
                This section shall apply with respect to the semiannual 
            periods of October 1 through March 31 and April 1 through 
            September 30 of

[[Page 756]]

            each year, beginning with the semiannual period in which 
            this section is enacted. (Pub.L. 109-55, Title I, Sec. 1005, 
            Aug. 2, 2005, 119 Stat. 575.)
            
                  Part B.--Compensation and Other Personnel Matters

       882  Sec. 1921. Repealed (Pub.L. 108-7, Div. H., Title I, 
                Sec. 1018(h)(2), Feb. 20, 2003, 117 Stat. 369).
       883

  

            Sec. 1922. Unified payroll administration.
                Payroll administration for the Capitol Police and 
            civilian support personnel of the Capitol Police shall be 
            carried out on a unified basis by a single disbursing 
            authority. The Capitol Police Board, with the approval of 
            the Committee on House Oversight of the House of 
            Representatives and the Committee on Rules and 
            Administration of the Senate, acting jointly, shall, by 
            contract or otherwise, provide for such unified payroll 
            administration. (July 31, 1946, ch. 707, Sec. 9C, as added 
            Oct. 6, 1992, Pub.L. 102-397, Title I, Sec. 102, 106 Stat. 
            1950; Pub.L. 104-186, Title II, Sec. 221(12), Aug. 21, 1996, 
            110 Stat. 1750.)
            Note
            Effective Date
                Section 104 of Pub.L. 102-397, as amended Pub.L. 102-
            392, Title III, Sec. 321, Oct. 6, 1992, 106 Stat. 1726, 
            provided that: ``The unified payroll administration under 
            the amendment made by section 102 [enacting this section] 
            shall apply with respect to pay periods beginning after 
            September 30, 1993.''
       884  Sec. 1925. Repealed Pub.L. 111-145, Sec.  5(a)(2)(B), Mar. 
                4, 2010, 124 Stat. 53.
       885

  

            Sec. 1926. Educational assistance program for employees.
            (a) Establishment
                In order to recruit or retain qualified personnel, the 
            Chief of the Capitol Police may establish an educational 
            assistance program for employees of the Capitol Police under 
            which the Capitol Police may agree--
                            (1) to repay (by direct payments on behalf 
                        of the participating employee) all or any 
                        portion of a student loan previously taken out 
                        by the employee;
                            (2) to make direct payments to an 
                        educational institution on behalf of a 
                        participating employee or to reimburse a 
                        participating employee for all or any portion of 
                        any tuition or related educational expenses paid 
                        by the employee.
            (b) Special rules for student loan repayments
                (1) Application of regulations under executive branch 
            program.--In carrying out subsection (a)(1) of this section, 
            the Chief of the Capitol Police may, by regulation, make 
            applicable such provisions of section 5379 of Title 5, as 
            the Chief determines necessary to provide for such program.
                (2) Restrictions on prior reimbursements.--The Capitol 
            Police may not reimburse any individual under subsection 
            (a)(1) of this section for any repayments made by the 
            individual prior to entering into an agreement with the 
            Capitol Police to participate in the program under this 
            section.
                (3) Use of recovered amounts.--Any amount repaid by, or 
            recovered from, an individual under subsection (a)(1) of 
            this section and its implementing regulations shall be 
            credited to the appropriation account avail

[[Page 757]]

            able for salaries or general expenses of the Capitol Police 
            at the time of repayment or recovery. Such credited amount 
            may be used for any authorized purpose of the account and 
            shall remain available until expended.
            (c) Limit on amount of payments
                The total amount paid by the Capitol Police with respect 
            to any individual under the program under this section may 
            not exceed $40,000.
            (d) No review of determinations
                Any determination made under the program under this 
            section shall not be reviewable or appealable in any manner.
            (e) Effective date
                This section shall apply with respect to fiscal year 
            2003 and each succeeding fiscal year. (Pub.L. 107-117, Div. 
            B., Ch. 9, Sec. 908, Jan. 10, 2002, 115 Stat. 2319; Pub.L. 
            108-7, Div. H, Title I, Sec. 1007, Feb. 20, 2003, 117 Stat. 
            358.)
       886  Sec. 1927. Bonuses, retention allowances, and additional 
                compensation.
            (a) Recruitment and relocation bonuses
                (1) Authorization of payment.--The Capitol Police Board 
            (hereafter in this section referred to as the ``Board'') may 
            authorize the Chief of the United States Capitol Police 
            (hereafter in this section referred to as the ``Chief '') to 
            pay a bonus to an individual who is newly appointed to a 
            position as an officer or employee of the Capitol Police, 
            and to pay an additional bonus to an individual who must 
            relocate to accept a position as an officer or employee of 
            the Capitol Police, if the Chief, in the Chief 's sole 
            discretion, determines that such a bonus will assist the 
            Capitol Police in recruitment efforts.
                (2) Amount of payment.--The amount of a bonus under this 
            subsection shall be determined by regulations of the Board, 
            but the amount of any bonus paid to an individual under this 
            subsection may not exceed 25 percent of the annual rate of 
            basic pay of the position to which the individual is being 
            appointed.
                (3) Minimum period of service required.--Payment of a 
            bonus under this subsection shall be contingent upon the 
            individual entering into an agreement with the Capitol 
            Police to complete a period of employment with the Capitol 
            Police, with the required period determined pursuant to 
            regulations of the Board. If the individual voluntarily 
            fails to complete such period of service or is separated 
            from the service before completion of such period of service 
            for cause on charges of misconduct or delinquency, the 
            individual shall repay the bonus on a pro rata basis.
                (4) Bonus not considered part of basic pay.--A bonus 
            under this subsection shall be paid as a lump sum, and may 
            not be considered to be part of the basic pay of the officer 
            or employee.
                (5) Payment permitted prior to commencement of duty.--
            Under regulations of the Board, a bonus under this 
            subsection may be paid to a newly-hired officer or employee 
            before the officer or employee enters on duty.
                (6) Determination not appealable or reviewable.--Any 
            determination of the Chief under this subsection shall not 
            be appealable or reviewable in any manner.

[[Page 758]]

            (b) Retention allowances
                (1) Authorization of payment.--The Board may authorize 
            the Chief to pay an allowance to an officer or employee of 
            the United States Capitol Police if the Chief, in the 
            Chief's sole discretion, determines that such a bonus will 
            assist the Capitol Police in retention efforts.
                (2) Amount of payment.--A retention allowance, which 
            shall be stated as a percentage of the rate of basic pay of 
            the officer or employee, may not exceed 25 percent of such 
            rate of basic pay.
                (3) Payment not considered part of basic pay.--A 
            retention allowance may not be considered to be part of the 
            basic pay of an officer or employee, and any determination 
            of the Chief under this subsection, or the reduction or 
            elimination of a retention allowance, shall not be 
            appealable or reviewable in any manner. The preceding 
            sentence shall not be construed to extinguish or lessen any 
            right or remedy under any of the laws made applicable to the 
            Capitol Police pursuant to section 1302 of Title 2.
                (4) Time and manner of payment.--A retention allowance 
            under this subsection shall be paid at the same time and in 
            the same manner as the officer's or employee's basic pay is 
            paid.
            (c) Lump sum incentive and merit bonus payments
                (1) In general.--The Board may pay an incentive or merit 
            bonus to an officer or employee of the United States Capitol 
            Police who meets such criteria for receiving the bonus as 
            the Board may establish.
                (2) Bonus not considered part of basic pay.--A bonus 
            under this subsection shall be paid as a lump sum, and may 
            not be considered to be part of the basic pay of the officer 
            or employee.
            (d) Service step increases for meritorious service for 
                officers
                Upon the approval of the Chief--
                            (1) an officer of the United States Capitol 
                        Police in a service step who has demonstrated 
                        meritorious service (in accordance with criteria 
                        established by the Chief or the Chief 's 
                        designee) may be advanced in compensation to the 
                        next higher service step, effective with the 
                        first pay period which begins after the date of 
                        the Chief 's approval; and
                            (2) an officer of the United States Capitol 
                        Police in a service step who has demonstrated 
                        extraordinary performance (in accordance with 
                        criteria established by the Chief or the Chief 
                        's designee) may be advanced in compensation to 
                        the second next higher service step, effective 
                        with the first pay period which begins after the 
                        date of the Chief 's approval.
            (e) Regulations
                (1) In general.--The payment of bonuses, allowances, 
            step increases, compensation, and other payments pursuant to 
            this section shall be carried out in accordance with 
            regulations prescribed by the Board.
                (2) Repealed (Pub.L. 108-7, Div. H, Title I, 
            Sec. 1004(2), Feb. 20, 2003, 117 Stat. 358).
            (f) Effective date
                This section shall apply with respect to fiscal year 
            2002 and each succeeding fiscal year. (Pub.L. 107-117, Div. 
            B, Ch. 9, Sec. 909, Jan. 10,

[[Page 759]]

            2002, 115 Stat. 2320; Pub.L. 108-7, Div. H, Title I, 
            Sec. Sec. 1004, 1006, Feb. 20, 2003, 117 Stat. 358.)
       887  Sec. 1928. Suspension.
                The captain of the Capitol police may suspend any member 
            of the force, subject to the approval of the two Sergeants 
            at Arms and of the Architect of the Capitol. (R.S. 
            Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
       888  Sec. 1929. Pay of members under suspension.
                On or after March 3, 1875, whenever a member of the 
            Capitol police or watch force is suspended from duty for 
            cause, said policeman or watchman shall receive no 
            compensation for the time of such suspension if he shall not 
            be reinstated. (Mar. 3, 1875, ch. 129, Sec. 1, 18 Stat. 
            345.)
       889  Sec. 1930. Applicable pay rate upon appointment.
            (a) In general
                Notwithstanding any other provision of law, the rate of 
            basic pay payable to an individual upon appointment to a 
            position with the Capitol Police shall be at a rate within 
            the minimum and maximum pay rates applicable to the 
            position.
            (b) Effective date
                This section shall apply to fiscal year 2003 and each 
            fiscal year thereafter. (Pub.L. 108-7, Div. H, Title I, 
            Sec. 1008, Feb. 20, 2003, 117 Stat. 359.)
       890  Sec. 1931. Additional compensation for employees with 
                specialty 
                assignments and proficiencies.
            (a) Establishment of positions
                The Chief of the Capitol Police may establish and 
            determine, from time to time, positions in salary classes of 
            employees of the Capitol Police to be designated as 
            employees with specialty assignments or proficiencies, based 
            on the experience, education, training, or other appropriate 
            factors required to carry out the duties of such employees.
            (b) Additional compensation
                In addition to the regularly scheduled rate of basic 
            pay, each employee holding a position designated under this 
            section shall receive an amount determined by the Chief, 
            except that--
                            (1) such amount may not exceed 25 percent of 
                        the employee's annual rate of basic pay; and
                            (2) such amount may not be paid in a 
                        calendar year to the extent that, when added to 
                        the total basic pay paid or payable to such 
                        employee for service performed in the year, such 
                        amount would cause the total to exceed the 
                        annual rate of basic pay payable for level II of 
                        the Executive Schedule, as of the end of such 
                        year.
            (c) Manner of payment
                The additional compensation authorized by this 
            subsection shall be paid to an employee in a manner 
            determined by the Chief or his designee except when the 
            employee ceases to be assigned to the specialty assignment 
            or ceases to maintain the required proficiency. The loss of 
            such

[[Page 760]]

            additional compensation shall not constitute an adverse 
            action for any purpose.
            (d) Determination not appealable or reviewable
                Any determination under section (a) \1\ shall not be 
            appealable or reviewable in any manner. (Pub.L. 108-7, div. 
            H., title I, Sec. 1011, Feb. 20, 2003, 117 Stat. 360.)
                \1\ So in original. Probably should read ``subsection 
                (a) of this section.''
       891  Sec. 1932. Application of premium pay limits on annualized 
                basis.
            (a) In general
                Any limits on the amount of premium pay which may be 
            earned by officers and members of the Capitol Police during 
            emergencies (as determined by the Capitol Police Board) 
            shall be applied by the Chief of the Capitol Police on an 
            annual basis and not on a pay period basis. Any 
            determination under this subsection shall not be reviewable 
            or appealable in any manner.
            (b) Effective date
                Subsection (a) of this section shall apply with respect 
            to hours of duty occurring on or after September 11, 2001. 
            (Pub.L. 108-7, Div. H, Title I, Sec. 1012, Feb. 20, 2003, 
            117 Stat. 361.)
            
                             Part C.--Uniforms and Arms

       892  Sec. 1941. Uniform.
                The Capitol Police Board shall select and regulate the 
            pattern for a uniform for the Capitol police and watchmen, 
            and furnish each member of the force with the necessary 
            belts and arms, payable from appropriations to the Capitol 
            Police upon certification of payment by the Chief of the 
            Capitol Police. Such arms so furnished or other arms as 
            authorized by the Capitol Police Board shall be carried by 
            each officer and member of the Capitol Police, while in the 
            Capitol Building (as defined in (40 U.S.C. 5101)), and while 
            within or outside of the boundaries of the United States 
            Capitol Grounds (as defined in 40 U.S.C. 5102), in such 
            manner and at such times as the Sergeant at Arms of the 
            Senate and the Capitol Police Board may, by regulations, 
            prescribe. (R.S. Sec. 1824; Oct. 31, 1972, Pub.L. 92-607, 
            Sec. 507, 86 Stat. 1508; May 4, 1977, Pub.L. 95-26, 
            Sec. 112, 91 Stat. 87; Pub.L. 108-447, Div. G, Title I, 
            Sec. 1003, Dec. 8, 2004, 118 Stat. 3180.)
       893  Sec. 1943. Uniform; at whose expense.
                The members of the Capitol police shall furnish at their 
            own expense, each his own uniform, which shall be in exact 
            conformity to that required by regulation of the Sergeants 
            at Arms. (R.S. Sec. 1825.)
       894  Sec. 1944. Wearing uniform on duty.
                The officers, privates, and watchmen of the Capitol 
            police shall, when on duty, wear the regulation uniform. 
            (Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.)

[[Page 761]]



            
                 Part D.--United States Capitol Police Memorial Fund

       895  Sec. 1951. Establishment of United States Capitol Police 
                Memorial Fund.
                There is hereby established in the Treasury of the 
            United States the United States Capitol Police Memorial Fund 
            (hereafter in this part referred to as the ``Fund''). All 
            amounts received by the Capitol Police Board which are 
            designated for deposit into the Fund shall be deposited into 
            the Fund. (Pub.L. 105-223, Sec. 1, Aug. 7, 1998, 112 Stat. 
            1250.)
       896  Sec. 1952. Payments from Fund for families of Detective 
                Gibson and Private First Class Chestnut.
                Subject to the regulations issued under section 1954 of 
            this title, amounts in the Fund shall be paid to the 
            families of Detective John Michael Gibson and Private First 
            Class Jacob Joseph Chestnut of the United States Capitol 
            Police as follows:
                            (1) Fifty percent of such amount shall be 
                        paid to the widow and children of Detective 
                        Gibson.
                            (2) Fifty percent of such amount shall be 
                        paid to the widow and children of Private First 
                        Class Chestnut. (Pub.L. 105-223, Sec. 2, Aug. 7, 
                        1998, 112 Stat. 1250.)
       897  Sec. 1954. Administration by Capitol Police Board.
                The Capitol Police Board shall administer and manage the 
            Fund (including establishing the timing and manner of making 
            payments under section 1952 of this title) in accordance 
            with regulations issued by the Board, subject to the 
            approval of the Committee on Rules and Administration of the 
            Senate and the Committee on House Oversight of the House of 
            Representatives. Under such regulations, the Board shall pay 
            any balance remaining in the Fund upon the expiration of the 
            6-month period which begins on August 7, 1998 to the 
            families of Detective John Michael Gibson and Private First 
            Class Jacob Joseph Chestnut in accordance with section 1952 
            of this title, and shall disburse any amounts in the Fund 
            after the expiration of such period in such a manner as the 
            Board may establish. Under such regulations, and using 
            amounts in the Fund, a financial adviser or trustee, as 
            appropriate, for the families of Detective John Michael 
            Gibson and Private First Class Jacob Joseph Chestnut of the 
            United States Capitol Police shall be appointed to advise 
            the families respecting disbursements to them of amounts in 
            the Fund. (Pub.L. 105-223, Sec. 4, Aug 7, 1998, 112 Stat. 
            1250.)
            
                          Subchapter II.--Powers and Duties

       898  Sec. 1961. Policing of Capitol buildings and grounds.
                (a) The Capitol Police shall police the United States 
            Capitol Buildings and Grounds under the direction of the 
            Capitol Police Board, consisting of the Sergeant at Arms of 
            the United States Senate, the Sergeant at Arms of the House 
            of Representatives, and the Architect of the Capitol, and 
            shall have the power to enforce the provisions of sections 
            1922, 1966, 1967, and 1969 of this title (and regulations 
            promulgated under section 1969 of this title), and chapter 
            51 of Title 40, and to make arrests within the United States 
            Capitol Buildings and Grounds for any violations of any law 
            of the United States, of the District of Columbia, or of any 
            State, or any regulation promulgated pursuant

[[Page 762]]

            thereto: Provided, That for the fiscal year for which 
            appropriations are made by this Act the Capitol Police shall 
            have the additional authority to make arrests within the 
            District of Columbia for crimes of violence, as defined in 
            section 16 of title 18, committed within the Capitol 
            Buildings and Grounds and shall have the additional 
            authority to make arrests, without a warrant, for crimes of 
            violence, as defined in section 16 of title 18, committed in 
            the presence of any member of the Capitol Police performing 
            official duties: Provided further, That the Metropolitan 
            Police force of the District of Columbia are authorized to 
            make arrests within the United States Capitol Buildings and 
            Grounds for any violation of any such laws or regulations, 
            but such authority shall not be construed as authorizing the 
            Metropolitan Police force, except with the consent or upon 
            the request of the Capitol Police Board, to enter such 
            buildings to make arrests in response to complaints or to 
            serve warrants or to patrol the United States Capitol 
            Buildings and Grounds. For the purpose of this section, the 
            word ``grounds'' shall include the House Office Buildings 
            parking areas and that part or parts of property which have 
            been or hereafter are acquired in the District of Columbia 
            by the Architect of the Capitol, or by an officer of the 
            Senate or the House, by lease, purchase, intergovernment 
            transfer, or otherwise, for the use of the Senate, the 
            House, or the Architect of the Capitol.
                (b) For purposes of this section, ``the United States 
            Capitol Buildings and Grounds'' shall include any building 
            or facility acquired by the Sergeant at Arms of the Senate 
            for the use of the Senate for which the Sergeant at Arms of 
            the Senate has entered into an agreement with the United 
            States Capitol Police for the policing of the building or 
            facility.
                (c) For purposes of this section, ``the United States 
            Capitol Buildings and Grounds'' shall include any building 
            or facility acquired by the Chief Administrative Officer of 
            the House of Representative for the use of the House of 
            Representatives for which the Chief Administrative Officer 
            has entered into an agreement with the United States Capitol 
            Police for the policing of the building or facility.
                (d) For purposes of this section, ``United States 
            Capitol Buildings and Grounds'' shall include the Library of 
            Congress buildings and grounds described under section 11 of 
            the Act entitled ``An Act relating to the policing of the 
            buildings of the Library of Congress'', approved August 4, 
            1950 (2 U.S.C. 167j), except that in a case of buildings or 
            grounds not located in the District of Columbia, the 
            authority granted to the Metropolitan Police Force of the 
            District of Columbia shall be granted to any police force 
            within whose jurisdiction the buildings or grounds are 
            located. (July 31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Dec. 
            24, 1973, Pub.L. 93-198, Title VII, Sec. 739(g)(4), (5), 87 
            Stat. 829; Pub.L. 101-520, Nov. 5, 1990, 104 Stat. 2264; 
            Pub.L. 102-392, Title III, Sec. 310, Oct. 6, 1992, 106 Stat. 
            1723; Pub.L. 102-397, Title I, Sec. 103, Oct. 6, 1992, 106 
            Stat. 1950; Jan. 10, 2002, Pub.L. 107-117, Div. B, Ch. 9, 
            Sec. Sec. 901(c)(2), 115 Stat. 2316, 2317; Aug. 2, 2002, 
            Pub.L. 107-206, Title I, Sec. Sec. 902(b), 903(b), 116 Stat. 
            876; Feb. 20, 2003, Pub.L. 108-7, Div. H, Title I, 
            Sec. 1016(c), 117 Stat. 365; Pub.L. 110-161, Div. H, Title 
            I, Sec. 1004(d)(1)(A), (4), Dec. 26, 2007, 121 Stat. 2233, 
            2234 and Pub.L. 110-178, Sec. 4(a)(1), (d), Jan. 7, 2008, 
            121 Stat. 2551, 2552.)

[[Page 763]]

            Note:
                Section (d) is effective October 1, 2009.
       899  Sec. 1962. Detail of police.
                The Capitol Police Board is authorized to detail police 
            from the House Office, Senate Office, and Capitol Buildings 
            for police duty on the Capitol Grounds and on the Library of 
            Congress Grounds. (Pub.L. 96-432, Sec. 5, Oct. 10, 1980, 94 
            Stat. 1853.)
       900  Sec. 1963. Protection of grounds.
                It shall be the duty of the Capitol police on and after 
            April 29, 1876, to prevent any portion of the Capitol 
            Grounds and terraces from being used as playgrounds or 
            otherwise, so far as may be necessary to protect the public 
            property, turf and grass from destruction or injury. (Apr. 
            29, 1876, ch. 86, 19 Stat. 41.)
       901  Sec. 1966. Protection of Members of Congress, officers of 
                Congress, and members of their families.
            (a) Authority of the Capitol Police
                Subject to the direction of the Capitol Police Board, 
            the United States Capitol Police is authorized to protect, 
            in any area of the United States, the person of any Member 
            of Congress, officer of the Congress, as defined in section 
            60-1(b) of Title 2, and any member of the immediate family 
            of any such Member or officer, if the Capitol Police Board 
            determines such protection to be necessary.
            (b) Detail of police
                In carrying out its authority under this section, the 
            Capitol Police Board, or its designee, is authorized, in 
            accordance with regulations issued by the Board pursuant to 
            this section, to detail, on a case-by-case basis, members of 
            the United States Capitol Police to provide such protection 
            as the Board may determine necessary under this section.
            (c) Arrest of suspects
                In the performance of their protective duties under this 
            section, members of the United States Capitol Police are 
            authorized (1) to make arrests without warrant for any 
            offense against the United States committed in their 
            presence, or for any felony cognizable under the laws of the 
            United States if they have reasonable grounds to believe 
            that the person to be arrested has committed or is 
            committing such felony; and (2) to utilize equipment and 
            property of the Capitol Police.
            (d) Fines and penalties
                Whoever knowingly and willfully obstructs, resists, or 
            interferes with a member of the Capitol Police engaged in 
            the performance of the protective functions authorized by 
            this section, shall be fined not more than $300 or 
            imprisoned not more than one year, or both.
            (e) Construction of provisions
                Nothing contained in this section shall be construed to 
            imply that the authority, duty, and function conferred on 
            the Capitol Police Board and the United States Capitol 
            Police are in lieu of or intended to supersede any 
            authority, duty, or function imposed on any Federal 
            department, agency, bureau, or other entity, or the 
            Metropolitan Police of

[[Page 764]]

            the District of Columbia, involving the protection of any 
            such Member, officer, or family member.
            (f) ``United States'' defined
                As used in this section, the term ``United States'' 
            means each of the several States of the United States, the 
            District of Columbia, and territories and possessions of the 
            United States. (Pub.L. 97-143, Sec. 1(a), Dec. 29, 1981, 95 
            Stat. 1723.)
            Note
                Supplemental Appropriations Act, 1977, Pub.L. 95-26, 
            chapter VIII, Sec. 113.91 Stat. 87, provided:
                ``Sec. 113. The Chairman of the Capitol Police Board is 
            authorized, subject to such conditions as he may impose, to 
            authorize the assignment of a police motor vehicle for use 
            by instructor personnel of the Capital Police Force while 
            assigned to the Federal Law Enforcement Training Center.''
            Cross Reference
                For the definition of Capitol Buildings, see section 
            193m of this title.
       902  Sec. 1967. Law enforcement authority.
            (a) Scope
                Subject to such regulations as may be prescribed by the 
            Capitol Police Board and approved by the Committee on House 
            Oversight of the House of Representatives and the Committee 
            on Rules and Administration of the Senate, a member of the 
            Capitol Police shall have authority to make arrests and 
            otherwise enforce the laws of the United States, including 
            the laws of the District of Columbia--
                            (1) within the District of Columbia, with 
                        respect to any crime of violence committed 
                        within the United States Capitol Grounds;
                            (2) within the District of Columbia, with 
                        respect to any crime of violence committed in 
                        the presence of the member, if the member is in 
                        the performance of official duties when the 
                        crime is committed;
                            (3) within the District of Columbia, to 
                        prevent imminent loss of life or injury to 
                        person or property, if the officer is in the 
                        performance of official duties when the 
                        authority is exercised;
                            (4) within the area described in subsection 
                        (b)(1) of this section; and
                            (5) within the area described under 
                        subsection (b)(2) of this section--

                                (A) with respect to any crime of 
                            violence committed in the presence of the 
                            member, if the member is in the performance 
                            of official duties, as defined under such 
                            regulations, when the crime is committed; 
                            and

                                (B) To prevent imminent loss of life or 
                            injury to person or property, if the officer 
                            is in the performance of official duties, as 
                            defined under such regulations, when the 
                            authority is exercised.

            (b) Area
                (1) The area referred to in subsection (a)(4) of this 
            section is that area bounded by the north curb of H Street 
            from 3rd Street, N.W. to 7th Street, N.E., the east curb of 
            7th Street from H Street, N.E., to M Street, S.E., the south 
            curb of M Street from 7th Street, S.E.,

[[Page 765]]

            to 1st Street, S.E., the east curb of 1st Street from M 
            Street, S.E., to Potomac Avenue S.E., the southeast curb of 
            Potomac Avenue from 1st Street, S.E. to South Capitol 
            Street, S.W., the west curb of South Capitol Street from 
            Potomac Avenue, S.W. to P Street, S.W., the north curb of P 
            Street from South Capitol Street, S.W. to 3rd Street, S.W., 
            and the west curb of 3rd Street from P Street, S.W. to H 
            Street, N.W.
                (2) The area referred to under subsection (a)(5) of this 
            section is that area bounded by the north curb of 
            Constitution Avenue from 14th Street, N.W., to 3rd Street, 
            N.W., the east curb of 3rd Street from Constitution Avenue, 
            N.W., to Independence Avenue, S.W., the south curb of 
            Independence Avenue from 3rd Street, S.W., to 14th Street, 
            S.W., and the west curb of 14th Street from Independence 
            Avenue, S.W., to Constitution Avenue, N.W.
            (c) Authority of Metropolitan Police force unaffected
                This section does not affect the authority of the 
            Metropolitan Police force of the District of Columbia with 
            respect to the area described in subsection (b) of this 
            section.
            (d) ``Crime of violence'' defined
                As used in this section, the term ``crime of violence'' 
            has the meaning given that term in section 16 of title 18. 
            (July 31, 1946, ch. 707, Sec. 9B, as added Oct. 6, 1992, 
            Pub.L. 102-397, Title I, Sec. 101, 106 Stat. 1949, and 
            amended Aug. 20, 1996, Pub.L. 104-186, Title II, 
            Sec. 221(13), 110 Stat. 1750; Sept. 30, 2003, Pub.L. 108-83, 
            Title I, Sec. 1003(a), 117 Stat. 1021.)
       903  Sec. 1969. Regulation of traffic by Capitol Police Board.
            (a) Exclusive charge and control of all vehicular and other 
                traffic
                The Capitol Police Board, consisting of the Sergeant at 
            Arms of the United States Senate, the Sergeant at Arms of 
            the House of Representatives, and the Architect of the 
            Capitol, shall have exclusive charge and control of the 
            regulation and movement of all vehicular and other traffic, 
            including the parking and impounding of vehicles and 
            limiting the speed thereof, within the United States Capitol 
            Grounds; and said Board is authorized and empowered to make 
            and enforce all necessary regulations therefor and to 
            prescribe penalties for violation of such regulations, such 
            penalties not to exceed a fine of $300 or imprisonment for 
            not more than ninety days. Notwithstanding the foregoing 
            provisions of this section those provisions of the District 
            of Columbia Traffic Act of 1925, as amended, for the 
            violation of which specific penalties are provided in said 
            Act, as amended, shall be applicable to the United States 
            Capitol Grounds. Prosecutions for violation of such 
            regulations shall be in the Superior Court of the District 
            of Columbia, upon information by the Corporation Counsel of 
            the District of Columbia or any of his assistants.
            (b) Promulgation of regulations
                Regulations authorized to be promulgated under this 
            section shall be promulgated by the Capitol Police Board and 
            such regulations may be amended from time to time by the 
            Capitol Police Board whenever it shall deem it necessary: 
            Provided, That until such regulations are promulgated and 
            become effective, the traffic regulations of the District of 
            Columbia shall be applicable to the United States Capitol 
            Grounds.

[[Page 766]]

            (c) Printing of regulations and effective dates
                All regulations promulgated under the authority of this 
            section shall, when adopted by the Capitol Police Board, be 
            printed in one or more of the daily newspapers published in 
            the District of Columbia, and shall not become effective 
            until the expiration of ten days after the date of such 
            publication, except that whenever the Capitol Police Board 
            deems it advisable to make effective immediately any 
            regulation relating to parking, diverting of vehicular 
            traffic, or the closing of streets to such traffic, the 
            regulation shall be effective immediately upon placing at 
            the point where it is to be in force conspicuous signs 
            containing a notice of the regulation. Any expenses incurred 
            under this subsection shall be payable from the 
            appropriation ``Uniforms and Equipment, Capitol Police''.
            (d) Cooperation with Mayor of District of Columbia
                It shall be the duty of the Mayor of the District of 
            Columbia, or any officer or employee of the government of 
            the District of Columbia designated by said Mayor, upon 
            request of the Capitol Police Board, to cooperate with the 
            Board in the preparation of the regulations authorized to be 
            promulgated under this section, and any future amendments 
            thereof. (July 31, 1946, ch. 707, Sec. 14, 60 Stat. 720; 
            July 11, 1947, ch. 211, Sec. Sec. 1, 2, 61 Stat. 308; July 
            8, 1963, Pub.L. 88-60, 77 Stat. 78; Dec. 24, 1973, Pub.L. 
            93-198, Title VII, Sec. 739(g)(6), 87 Stat. 829.)
       904  Sec. 1970. Assistance by Executive departments and agencies.
            (a) Assistance
                (1) In general
                            Executive departments and Executive agencies 
                        may assist the United States Capitol Police in 
                        the performance of its duties by providing 
                        services (including personnel), equipment, and 
                        facilities on a temporary and reimbursable basis 
                        when requested by the Capitol Police Board and 
                        on a permanent and reimbursable basis upon 
                        advance written request of the Capitol Police 
                        Board; except that the Department of Defense and 
                        the Coast Guard may provide such assistance on a 
                        temporary basis without reimbursement when 
                        assisting the United States Capitol Police in 
                        its duties directly related to protection under 
                        sections 1922, 1961, 1966, 1967, and 1969 of 
                        this title and section 5101 to 5107 and 5109 of 
                        Title 40. Before making a request under this 
                        paragraph, the Capitol Police Board shall 
                        consult with appropriate Members of the Senate 
                        and House of Representatives in leadership 
                        positions, except in an emergency.
                (2) Procurement
                            No services (including personnel), 
                        equipment, or facilities may be ordered, 
                        purchased, leased, or otherwise procured for the 
                        purposes of carrying out the duties of the 
                        United States Capitol Police by persons other 
                        than officers or employees of the Federal 
                        Government duly authorized by the Chairman of 
                        the Capitol Police Board to make such orders, 
                        purchases, leases, or procurements.
                (3) Expenditures or obligation of funds
                            No funds may be expended or obligated for 
                        the purpose of carrying out this section other 
                        than funds specifically appropriated to the 
                        Capitol Police Board or the United States 
                        Capitol Police for those purposes with the 
                        exception of--

[[Page 767]]

                                (A) expenditures made by the Department 
                            of Defense or the Coast Guard from funds 
                            appropriated to the Department of Defense or 
                            the Coast Guard in providing assistance on a 
                            temporary basis to the United States Capitol 
                            Police in the performance of its duties 
                            directly related to protection under 
                            sections 1922, 1961, 1966, 1967, and 1969 of 
                            this title and sections 5101 to 5107 and 
                            5109 of Title 40; and

                                (B) expenditures made by Executive 
                            departments and agencies, in providing 
                            assistance at the request of the United 
                            States Capitol Police in the performance of 
                            its duties, and which will be reimbursed by 
                            the United States Capitol Police under this 
                            section.

                (4) Provision of assistance
                            Assistance under this section shall be 
                        provided--

                                (A) consistent with the authority of the 
                            Capitol Police under sections 1961 and 1966 
                            of this title;

                                (B) upon the advance written request 
                            of--

                                        (i) the Capitol Police Board; or

                                        (ii) in an emergency--

                                                (I) the Sergeant at Arms 
                                            and Doorkeeper of the Senate 
                                            in any matter relating to 
                                            the Senate; or
                                                (II) the Sergeant at 
                                            Arms of the House of 
                                            Representatives in any 
                                            matter relating to the House 
                                            of Representatives; and

                                (C)(i) on a temporary and reimbursable 
                            basis;

                                (ii) on a permanent reimbursable basis 
                            upon advance written request of the Capitol 
                            Police Board; or

                                (iii) on a temporary basis without 
                            reimbursement by the Department of Defense 
                            and the Coast Guard as described under 
                            paragraph (1).

            (b) Reports
                (1) Submission
                            With respect to any fiscal year in which an 
                        executive department or executive agency 
                        provides assistance under this section, the head 
                        of that department or agency shall submit a 
                        report not later than 90 days after the end of 
                        the fiscal year to the Chairman of the Capitol 
                        Police Board.
                (2) Content
                            The report submitted under paragraph (1) 
                        shall contain a detailed account of all 
                        expenditures made by the Executive department or 
                        executive agency in providing assistance under 
                        this section during the applicable fiscal year.
                (3) Summary
                            After receipt of all reports under paragraph 
                        (2) with respect to any fiscal year, the 
                        Chairman of the Capitol Police Board shall 
                        submit a summary of such reports to the 
                        Committees on Appropriations of the Senate and 
                        the House of Representatives.
            (c) Effective date
                This section shall take effect on January 10, 2002, and 
            apply to each fiscal year occurring after such date. (Pub.L. 
            107-117, Div. B, Ch. 9, Sec. 911, Jan. 10, 2002, 115 Stat. 
            2322.)

[[Page 768]]


       905  Sec. 1971. Contributions of meals and refreshments during 
                emergency duty.
                At any time on or after November 12, 2001, the United 
            States Capitol Police may accept contributions of meals and 
            refreshments in support of activities of the United States 
            Capitol Police during a period of emergency (as determined 
            by the Capitol Police Board). (Pub.L. 107-68, Title I, 
            Sec. 121, Nov. 12, 2001, 115 Stat. 576.)
       906  Sec. 1972. Contributions of comfort and other incidental 
                items and services during Capitol Police emergency duty.
                In addition to the authority provided under section 1971 
            of this title, at any time on or after January 10, 2002, the 
            Capitol Police Board may accept contributions of comfort and 
            other incidental items and services to support officers and 
            employees of the United States Capitol Police while such 
            officers and employees are on duty in response to 
            emergencies involving the safety of human life or the 
            protection of property. (Pub.L. 107-117, Div. B, Ch. 9, 
            Sec. 910, Jan. 10, 2002, 115 Stat. 2322.)
       907  Sec. 1973. Support and maintenance expenditures during 
                emergency duty.
                At any time on or after November 12, 2001, the Capitol 
            Police Board may incur obligations and make expenditures out 
            of available appropriations for meals, refreshments and 
            other support and maintenance for the Capitol Police when, 
            in the judgment of the Capitol Police Board, such 
            obligations and expenditures are necessary to respond to 
            emergencies involving the safety of human life or the 
            protection of property. (Pub.L. 107-68, Title I, Sec. 124, 
            Nov. 12, 2001, 115 Stat. 576.)
       908  Sec. 1974. Capitol Police special officers.
            (a) In general
                In the event of an emergency, as determined by the 
            Capitol Police Board or in a concurrent resolution of 
            Congress, the Chief of the Capitol Police may appoint--
                            (1) any law enforcement officer from any 
                        Federal agency or State or local government 
                        agency made available by that agency to serve as 
                        a special officer of the Capitol Police within 
                        the authorities of the Capitol Police in 
                        policing the Capitol buildings and grounds; and
                            (2) any member of the uniformed services, 
                        including members of the National Guard, made 
                        available by the appropriate authority to serve 
                        as a special officer of the Capitol Police 
                        within the authorities of the Capitol Police in 
                        policing the Capitol buildings and grounds.
            (b) Conditions of appointment
                An individual appointed as a special officer under this 
            section shall--
                            (1) serve without pay for service performed 
                        as a special officer (other than pay received 
                        from the applicable employing agency or 
                        service);
                            (2) serve as a special officer no longer 
                        than a period specified at the time of 
                        appointment;
                            (3) not be a Federal employee by reason of 
                        service as a special officer, except as provided 
                        under paragraph (4); and

[[Page 769]]

                            (4) shall be an employee of the Government 
                        for purposes of chapter 171 of Title 28, if that 
                        individual is acting within the scope of his 
                        office or employment in service as a special 
                        officer.
            (c) Qualifications
                Any individual appointed under subsection (a) of this 
            section shall be subject to--
                            (1) qualification requirements as the Chief 
                        of the Capitol Police determines necessary; and
                            (2) approval by the Capitol Police Board.
            (d) Reimbursement agreements
                Nothing in this section shall prohibit the Capitol 
            Police from entering into an agreement for the reimbursement 
            of services provided under this section with any Federal, 
            State, or local agency.
                (e) Any appointment under this section shall be subject 
            to initial approval by the Capitol Police Board and to final 
            approval by the Speaker of the House of Representatives (in 
            consultation with the Minority Leader of the House of 
            Representatives) and the President pro tempore of the Senate 
            (in consultation with the Minority Leader of the Senate), 
            acting jointly.
                (f) Subject to approval by the Speaker of the House of 
            Representatives (in consultation with the Minority Leader of 
            the House of Representatives) and the President pro tempore 
            of the Senate (in consultation with the Minority Leader of 
            the Senate), acting jointly, the Capitol Police Board may 
            prescribe regulations to carry out this section.
            (g) Effective date
                This section shall take effect on Feb. 20, 2003, and 
            shall apply to fiscal year 2003 and each fiscal year 
            thereafter. (Pub.L. 108-7, Div. H, Title I, Sec. 1017, Feb. 
            20, 2003, 117 Stat. 365.)
       909  Sec. 1975. Overseas travel.
            (a) Definition
                In this section, the term ``United States'' means each 
            of the several States of the United States, the District of 
            Columbia, and the territories and possessions of the United 
            States.
            (b) In general
                A member of the Capitol Police may travel outside of the 
            United States if--
                            (1) that travel is with, or in preparation 
                        for, travel of a Senator, including travel of a 
                        Senator as part of a congressional delegation;
                            (2) the member of the Capitol Police is 
                        performing security advisory and liaison 
                        functions (including advance security liaison 
                        preparations) relating to the travel of that 
                        Senator; and
                            (3) the Sergeant at Arms and Doorkeeper of 
                        the Senate gives prior approval to the travel of 
                        the member of the Capitol Police.
            (c) Law enforcement functions
                Subsection (b) of this section shall not be construed to 
            authorize the performance of law enforcement functions by a 
            member of the Capitol Police in connection with the travel 
            authorized under that subsection.

[[Page 770]]

            (d) Reimbursement
                The Capitol Police shall be reimbursed for the overtime 
            pay, travel, and related expenses of any member of the 
            Capitol Police who travels under the authority of this 
            section. Any reimbursement under this subsection shall be 
            paid from the account under the heading ``SERGEANT AT ARMS 
            AND DOORKEEPER OF THE SENATE'' under the heading 
            ``CONTINGENT EXPENSES OF THE SENATE''.
            (e) Amounts received
                Any amounts received by the Capitol Police for 
            reimbursements under subsection (d) of this section shall be 
            credited to the accounts established for the general 
            expenses or salaries of the Capitol Police, and shall be 
            available to carry out the purposes of such accounts during 
            the fiscal year in which the amounts are received and the 
            following fiscal year.
            (f) Effective date
                This section shall apply to fiscal year 2005 and each 
            fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I, 
            Sec. 12, Dec. 8, 2004, 118 Stat. 3171.)
       910  Sec. 1976. Acceptance of donations of animals.
            (a) In general
                The Capitol Police may accept the donation of animals to 
            be used in the canine units of the Capitol Police.
            (b) Effective date
                This section shall apply with respect to fiscal year 
            2005 and each fiscal year thereafter. (Pub.L. 108-447, Div. 
            G, Title I, Sec. 1005, Dec. 8, 2004, 118 Stat. 3180.)
       911  Sec. 1977. Settlement and payment of tort claims.
            (a) Federal Tort Claims Act
                (1) In general
                            Except as provided in paragraph (2), the 
                        Chief of the Capitol Police, in accordance with 
                        regulations prescribed by the Attorney General 
                        and any regulations as the Capitol Police Board 
                        may prescribe, may consider, ascertain, 
                        determine, compromise, adjust, and settle, in 
                        accordance with the provisions of chapter 171 of 
                        Title 28, any claim for money damages against 
                        the United States for injury or loss of property 
                        or personal injury or death caused by the 
                        negligent or wrongful act or omission of any 
                        employee of the Capitol Police while acting 
                        within the scope of his office or employment, 
                        under circumstances where the United States, if 
                        a private person, would be liable to the 
                        claimant in accordance with the law of the place 
                        where the act or omission occurred.
                (2) Special rule for claims made by members of Congress 
            and Congressional employees
                            (A) In general

                                With respect to any claim described in 
                            paragraph (1) which is made by a Member of 
                            Congress or any officer or employee of 
                            Congress, the Chief of the Capitol Police 
                            shall--

[[Page 771]]

                                        (i) not later than 14 days after 
                                    the receipt of such a claim, notify 
                                    the Chairman of the applicable 
                                    Committee of the receipt of the 
                                    claim; and

                                        (ii) not later than 90 days 
                                    after the receipt of such a claim, 
                                    submit a proposal for the resolution 
                                    of such claim which shall be subject 
                                    to the approval of the Chairman of 
                                    the applicable Committee.

                            (B) Extension

                                The 90-day period in subparagraph 
                            (A)(ii) may be extended for an additional 
                            period (not to exceed 90 days) for good 
                            cause by the Chairman of the applicable 
                            Committee, upon the request of the Chief of 
                            the Capitol Police.

                            (C) Approval consistent with Federal Tort 
                        Claims Act

                                Nothing in this paragraph may be 
                            construed to permit the Chairman of an 
                            applicable Committee to approve a proposal 
                            for the resolution of a claim described in 
                            paragraph (1) which is not consistent with 
                            the terms and conditions applicable under 
                            chapter 171 of Title 28, to the resolution 
                            of claims for money damages against the 
                            United States.

                            (D) Applicable committee defined

                                In this paragraph, the term ``applicable 
                            Committee'' means--

                                        (i) the Committee on Rules and 
                                    Administration of the Senate, in the 
                                    case of a claim of a Senator or an 
                                    officer or employee whose pay is 
                                    disbursed by the Secretary of the 
                                    Senate; or

                                        (ii) the Committee on House 
                                    Administration of the House of 
                                    Representatives, in the case of a 
                                    Member of the House of 
                                    Representatives (including a 
                                    Delegate or Resident Commissioner to 
                                    the Congress) or an officer or 
                                    employee whose pay is disbursed by 
                                    the Chief Administrative Officer of 
                                    the House of Representatives.

                (3) Head of agency
                            For purposes of section 2672 of Title 28, 
                        the Chief of the Capitol Police shall be the 
                        head of a Federal agency with respect to the 
                        Capitol Police.
                (4) Regulations
                            The Capitol Police Board may prescribe 
                        regulations to carry out this subsection.
            (b) Claims of employees of Capitol Police
                (1) In general
                            The Capitol Police Board may prescribe 
                        regulations to apply the provisions of section 
                        3721 of Title 31, for the settlement and payment 
                        of a claim against the Capitol Police by an 
                        employee of the Capitol Police for damage to, or 
                        loss of personal property incident to service.
                (2) Limitation
                            No settlement and payment of a claim under 
                        regulations prescribed under this subsection may 
                        exceed the limits applicable to the settlement 
                        and payment of claims under section 3721 of 
                        Title 31.
            (c) Rule of construction
                Nothing in this section may be construed to affect--

[[Page 772]]

                            (1) any payment under section 1304 of Title 
                        31, of a final judgment, award, compromise 
                        settlement, and interest and costs specified in 
                        the judgment based on a claim against the 
                        Capitol Police; or
                            (2) any authority for any--

                                (A) settlement under section 1414 of 
                            this title, or

                                (B) payment under section 1415 of this 
                            title.

            (d) Effective date
                This section shall apply to fiscal year 2005 and each 
            fiscal year thereafter. (Pub.L. 108-447, Div. G, Title I, 
            Sec. 1006, Dec. 8, 2004, 118 Stat. 3180.)
       912  Sec. 1978. Deployment outside of jurisdiction.
            (a) Requirements for prior notice and approval
                The Chief of the Capitol Police may not deploy any 
            officer outside of the areas established by law for the 
            jurisdiction of the Capitol Police unless--
                            (1) the Chief provides prior notification to 
                        the Committees on Appropriations of the House of 
                        Representatives and Senate of the costs 
                        anticipated to be incurred with respect to the 
                        deployment; and
                            (2) the Capitol Police Board gives prior 
                        approval to the deployment.
            (b) Exception for certain services
                Subsection (a) of this section does not apply with 
            respect to the deployment of any officer for any of the 
            following purposes:
                            (1) Responding to an imminent threat or 
                        emergency.
                            (2) Intelligence gathering.
                            (3) Providing protective services.
            (c) Effective date
                This section shall apply with respect to fiscal year 
            2005 and each succeeding fiscal year. (Pub.L. 108-447, Div. 
            G, Title I, Sec. 1007, Dec. 8, 2004, 118 Stat. 3182.)
       913  Sec. 1979. Release of security information.
            (a) Definition
                In this section, the term ``security information'' means 
            information that--
                            (1) is sensitive with respect to the 
                        policing, protection, physical security, 
                        intelligence, counterterrorism actions, or 
                        emergency preparedness and response relating to 
                        Congress, any statutory protectee of the Capitol 
                        Police, and the Capitol buildings and grounds; 
                        and
                            (2) is obtained by, on behalf of, or 
                        concerning the Capitol Police Board, the Capitol 
                        Police, or any incident command relating to 
                        emergency response.
            (b) Authority of board to determine conditions of release
                Notwithstanding any other provision of law, any security 
            information in the possession of the Capitol Police may be 
            released by the Capitol Police to another entity, including 
            an individual, only if the Capitol Police Board determines 
            in consultation with other appropriate law en

[[Page 773]]

            forcement officials, experts in security preparedness, and 
            appropriate committees of Congress, that the release of the 
            security information will not compromise the security and 
            safety of the Capitol buildings and grounds or any 
            individual whose protection and safety is under the 
            jurisdiction of the Capitol Police.
            (c) Rule of construction
                Nothing in this section may be construed to affect the 
            ability of the Senate and the House of Representatives 
            (including any Member, officer, or committee of either House 
            of Congress) to obtain information from the Capitol Police 
            regarding the operations and activities of the Capitol 
            Police that affect the Senate and House of Representatives.
            (d) Regulations
                The Capitol Police Board may promulgate regulations to 
            carry out this section, with the approval of the Committee 
            on Rules and Administration of the Senate and the Committee 
            on House Administration of the House of Representatives.
            (e) Effective date
                This section shall take effect on December 8, 2004 and 
            apply with respect to--
                            (1) any remaining portion of fiscal year 
                        2004, if this Act is enacted before October 1, 
                        2004; and
                            (2) fiscal year 2005 and each fiscal year 
                        thereafter. (Pub.L. 108-447, Div. G, Title I, 
                        Sec. 1009, Dec. 8, 2004, 118 Stat. 3182.)
       914  Sec. 1980. Mounted horse unit.
                (a) The United States Capitol Police may not operate a 
            mounted horse unit during fiscal year 2006 or any succeeding 
            fiscal year.
                (b) Not later than 60 days after August 2, 2005, the 
            Chief of the Capitol Police shall transfer to the Chief of 
            the United States Park Police the horses, equipment, and 
            supplies of the Capitol Police mounted horse unit which 
            remain in the possession of the Capital Police as of such 
            date. (Pub.L. 109-55, Title I, Sec. 1002, Aug. 2, 2005, 119 
            Stat. 572.)
       915  Sec. 1981. Advance payments.
                During fiscal year 2008 and each succeeding fiscal year, 
            following notification of the Committees on Appropriations 
            of the House of Representatives and the Senate, the Chief of 
            the Capitol Police may make payments in advance for 
            obligations of the United States Capitol Police for 
            subscription services if the Chief determines it to be more 
            prompt, efficient, or economical to do so. (Pub.L. 110-161, 
            Div. H, Title I, Sec. 1002, Dec. 26, 2007, 121 Stat. 2227.)
            
              Chapter 30.--OPERATION AND MAINTENANCE OF CAPITOL COMPLEX

            
                               Subchapter II.--Senate

       916  Sec. 2021. Additional Senate office building.
                Upon completion of the additional office building \1\ 
            for the United States Senate, the building and the grounds 
            and sidewalks surrounding

[[Page 774]]

            the same shall be subject to the provisions of sections 5101 
            through 5109 of Title 40 and 1961, 1969, 2023, and 2024 of 
            this title, in the same manner and to the same extent as the 
            present Senate Office Building \1\ and the grounds and 
            sidewalks surrounding the same. (June 25, 1948, ch. 658, 
            Sec. 1, 62 Stat. 1029.)
                \1\See Senate Manual sections 125, 126.
            City Post Office Building; Leased Property as Part of Senate 
                                  Office Buildings
                (a) Notwithstanding any other provision of law, the 
            Architect of the Capitol, subject to the approval of the 
            Committee on Rules and Administration, is authorized to 
            lease, for use by the United States Senate, and for such 
            other purposes as such committee may approve, 150,000 square 
            feet of space, more or less, in the property located at 2 
            Massachusetts Avenue, N.E., Washington, District of 
            Columbia, known as the City Post Office Building: Provided, 
            That rental payments shall be paid from the account 
            `Architect of the Capitol, Senate Office Buildings' upon 
            vouchers approved by the Architect of the Capitol: Provided 
            further, That nothing in this section shall be construed so 
            as to obligate the Senate or any of its Members, officers, 
            or employees to enter into any such lease or to imply any 
            obligation to enter into any such lease.
                (b) Notwithstanding any other provision of law, property 
            leased under authority of subsection (a) shall be maintained 
            by the Architect of the Capitol as part of the `Senate 
            Office Buildings' subject to the laws, rules, and 
            regulations governing such buildings, and the Architect is 
            authorized to incur such expenses as may be necessary to 
            provide for such occupancy.
                (c) There is hereby authorized to be appropriated to the 
            `Architect of the Capitol, Senate Office Buildings' such 
            sums as may be necessary to carry out the provisions of 
            subsections (a) and (b).
                (d) There is authorized to be appropriated to the 
            Sergeant at Arms of the United States Senate such sums as 
            may be necessary to provide for the planning and relocation 
            of offices and equipment to the property described in 
            subsection (a), subject to direction by the Committee on 
            Rules and Administration.
                (e) The authority under this section shall continue 
            until otherwise provided by law. (Pub.L. 101-520, Title I. 
            Sec. 107, Nov. 5, 1990, 104 Stat. 2267.)
            Acquisition of Property For Use as Residential Facility For 
                             United States Senate Pages
                (a) Acquisition of property.--The Architect of the 
            Capitol, under the direction of the Senate Committee on 
            Rules and Administration, may acquire, on behalf of the 
            United States Government, by purchase, condemnation, 
            transfer or otherwise, as an addition to the United States 
            Capitol Grounds, all publicly and privately owned real 
            property in lots 34 and 35 in square 758 in the District of 
            Columbia as those lots appear on the records in the Office 
            of the Surveyor of the District of Columbia as the date of 
            the enactment of this Act [Aug. 3, 1992], extending to the 
            outer face of the curbs of the square in which such lots are 
            located and including all alleys or parts of alleys and 
            streets within the lot lines and curb lines surrounding such 
            real property, together with all improvements thereon.
                (b) United States Capitol Grounds and Buildings.--
            Immediately upon the acquisition by the Architect of the 
            Capitol, on behalf of the United States, of the real 
            property, and the improvements thereon, as provided under 
            subsection (a), the real property acquired shall be a part 
            of the United States Capitol Grounds, and the improvements 
            on such real property shall be a part of the Senate Office 
            Buildings. Such real property and improvements shall be 
            subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.) 
            [sections 5101 to 5109 of title 40 and 1961, 1966, and 1969 
            of this title and provisions set out as notes under sections 
            5102 and 5109 of title 40], and the Act of June 8, 1942 (2 
            U.S.C. 2024-2025).
                (c) Building codes.--The real property and improvements 
            acquired in accordance with subsection (a) shall be repaired 
            and altered, to the maximum extent feasible as determined by 
            the Architect of the Capitol, in accordance with a 
            nationally recognized model building code, and other 
            applicable nationally recognized codes (including electrical 
            codes, fire and life safety codes, and plumbing codes, as 
            determined by the Architect of the Capitol), using the most 
            current edition of the nationally recognized codes referred 
            to in this subsection.
                (d) Repairs; expenditures.--The Architect of the Capitol 
            is authorized, without regard to the provisions of section 
            3709 of the Revised Statutes of the United

[[Page 775]]

            States [section 5 of Title 41, Public Contracts], to enter 
            into contracts and to make expenditures for necessary 
            repairs to, and refurbishment of, the real property and the 
            improvements on such real property acquired in accordance 
            with subsection (a), including expenditures for personal and 
            other services as may be necessary to carry out the purposes 
            of this Act [this note]. In no event shall the aggregate 
            value of contracts and expenditures under this subsection 
            exceed an amount equal to that authorized to be appropriated 
            pursuant to subsection (e).
                (e) Authorization.--There is authorized to be 
            appropriated to the account under the heading ``Architect of 
            the Capitol'' and the subheadings ``Capitol Buildings and 
            Grounds'' and ``Senate Office Buildings'', $2,000,000 for 
            carrying out the purposes of this Act [this note]. Moneys 
            appropriated pursuant to this authorization may remain 
            available until expended.
                (f) Use of property.--The real property, and 
            improvements thereon, acquired in accordance with subsection 
            (a) shall be available to the Sergeant at Arms and 
            Doorkeeper of the Senate for use as a residential facility 
            for United States Senate Pages, and for such other purposes 
            as the Senate Committee on Rules and Administration may 
            provide. (Pub.L. 102-330, Aug. 3, 1992, 106 Stat 849.)
       917  Sec. 2022. Acquisition of buildings and facilities for use 
                in emergency situation.
            (a) Acquisition of buildings and facilities
                Notwithstanding any other provision of law, in order to 
            respond to an emergency situation, the Sergeant at Arms of 
            the Senate may acquire buildings and facilities, subject to 
            the availability of appropriations, for the use of the 
            Senate, as appropriate, by lease, purchase, or such other 
            arrangement as the Sergeant at Arms of the Senate considers 
            appropriate (including a memorandum of understanding with 
            the head of an executive agency, as defined in section 105 
            of Title 5, in the case of a building or facility under the 
            control of such Agency). Actions taken by the Sergeant at 
            Arms of the Senate must be approved by the Committees on 
            Appropriations and Rules and Administration.
            (b) Agreements
                Notwithstanding any other provision of law, for purposes 
            of carrying out subsection (a) of this section, the Sergeant 
            at Arms of the Senate may carry out such activities and 
            enter into such agreements related to the use of any 
            building or facility acquired pursuant to such subsection as 
            the Sergeant at Arms of the Senate considers appropriate, 
            including--
                            (1) agreements with the United States 
                        Capitol Police or any other entity relating to 
                        the policing of such building or facility; and
                            (2) agreements with the Architect of the 
                        Capitol or any other entity relating to the care 
                        and maintenance of such building or facility.
            (c) Authority of Capitol Police and Architect
                (1) Architect of the Capitol
                            Notwithstanding any other provision of law, 
                        the Architect of the Capitol may take any action 
                        necessary to carry out an agreement entered into 
                        with the Sergeant at Arms of the Senate pursuant 
                        to subsection (b) of this section.
                (2) Omitted (Amended former 40 U.S.C.A. Sec. 212a; now 2 
            U.S.C.A. Sec. 1961.)
            (d) Transfer of certain funds
                Subject to the approval of the Committee on 
            Appropriations of the Senate, the Architect of the Capitol 
            may transfer to the Sergeant at

[[Page 776]]

            Arms of the Senate amounts made available to the Architect 
            for necessary expenses for the maintenance, care and 
            operation of the Senate office buildings during a fiscal 
            year in order to cover any portion of the costs incurred by 
            the Sergeant at Arms of the Senate during the year in 
            acquiring a building or facility pursuant to subsection (a) 
            of this section.
            (e) Effective date
                This section and the amendments made by this section 
            shall apply with respect to fiscal year 2002 and each 
            succeeding fiscal year. (Pub.L. 107-117, Div. B., Ch. 9, 
            Sec. 90, Jan. 10, 2002, 115 Stat. 2315; Pub.L. 107-206, 
            Title I, Sec. 902(a)(1), Aug. 2, 2002, 116 Stat. 876.)
       918  Sec. 2023. Control, care, and supervision of Senate Office 
                Building.
                The Senate Office Building,\1\ and the employment of all 
            services (other than for officers and privates of the 
            Capitol Police) necessary for its protection, care, and 
            occupancy, together with all other items that may be 
            appropriated for by the Congress for such purposes, shall be 
            under the control and supervision of the Architect of the 
            Capitol, subject to the approval of the Senate Committee on 
            Rules and Administration as to matters of general policy; 
            and the Architect of the Capitol shall submit annually to 
            the Congress estimates in detail for all services (other 
            than for officers and privates of the Capitol Police) and 
            for all other expenses in connection with said office 
            building and necessary for its protection, care, and 
            occupancy. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343; 
            Aug. 2, 1946, ch. 753, Sec. Sec. 102, 224, 60 Stat. 814, 
            838.)
                \1\ See Senate Manual sections 125, 126.
       919  Sec. 2024. Assignment of space in Senate Office Building.
                The assignment of rooms and other space in the Senate 
            Office Building \1\ shall be under the direction and control 
            of the Senate Committee on Rules and Administration and 
            shall not be a part of the duties of the Architect of the 
            Capitol. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343; Aug. 
            2, 1946, ch. 753, Sec. Sec. 102, 224, 60 Stat. 814, 838.)
       920  Sec. 2025. Senate garage.
                (a) The employees of the Senate garage engaged by the 
            Architect of the Capitol for the primary purpose of 
            servicing official motor vehicles, together with the 
            functions performed by such employees, shall, on October 1, 
            1980, be transferred to the jurisdiction of the Sergeant at 
            Arms and Doorkeeper of the Senate: Provided further, That, 
            effective July 1, 1965, the underground space in the north 
            extension of the Capitol Grounds, known as the Legislative 
            Garage shall hereafter be known as the Senate Garage and 
            shall be under the jurisdiction and control of the Architect 
            of the Capitol, subject to such regulations respecting the 
            use thereof as may be promulgated by the Senate Committee on 
            Rules and Administration: Provided further, That, such 
            regulations shall provide for the continued assignment of 
            space and the continued furnishing of service in such garage 
            for official motor vehicles of the House and the Senate and 
            the Architect of the Capitol and Capitol Grounds maintenance 
            equipment.
                (b) As used in subsection (a) of this section, the term 
            ``servicing'' includes, with respect to an official motor 
            vehicle, the washing and fueling of such vehicle, the 
            checking of its tires and battery, and checking

[[Page 777]]

            and adding oil. (June 30, 1932, ch. 314, Sec. 1, 47 Stat. 
            391; Aug. 20, 1964, Pub.L. 88-454, 78 Stat. 545; Oct. 13, 
            1980, Pub.L. 96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.)
            
                            Subchapter III.--Restaurants

       921  Sec. 2042. Senate Restaurants; management by Architect of 
                the Capitol.
                Effective August 1, 1961, the management of the Senate 
            Restaurants and all matters connected therewith, heretofore 
            under the direction of the Senate Committee on Rules and 
            Administration, shall be under the direction of the 
            Architect of the Capitol under such rules and regulations as 
            the Architect may prescribe for the operation and the 
            employment of necessary assistance for the conduct of said 
            restaurants by such business methods as may produce the best 
            results consistent with economical and modern management, 
            subject to the approval of the Senate Committee on Rules and 
            Administration as to matters of general policy: Provided, 
            That the management of the Senate Restaurant by the 
            Architect of the Capitol shall cease and the restaurants 
            revert from the jurisdiction of the Architect of the Capitol 
            to the jurisdiction of the Senate Committee on Rules and 
            Administration upon adoption by that committee of a 
            resolution ordering such transfer of jurisdiction at any 
            time hereafter. The provisions of section 5104(c) of Title 
            40, except for the provisions relating to solicitation, 
            shall not apply to any activity carried out pursuant to this 
            section, subject to the approval of such activities by the 
            Committee on Rules and Administration. (Pub.L. 87-82, 
            Sec. 1, July 6, 1961, 75 Stat. 199; Pub.L. 106-57, Title I, 
            Sec. 5, Sept. 29, 1999, 113 Stat. 412.)
       922  Sec. 2043. Authorization and direction to effectuate 
                purposes of 
                sections 2042 to 2047 of this title.
                The Architect of the Capitol is authorized and directed 
            to carry into effect for the United States Senate the 
            provisions of sections 2042 to 2047 of this title and to 
            exercise the authorities contained herein, and any 
            resolution of the Senate amendatory hereof or supplementary 
            hereto hereafter adopted. Such authority and direction shall 
            continue until the United States Senate shall by resolution 
            otherwise order, or until the Senate Committee on Rules and 
            Administration shall by resolution order the restaurants to 
            be returned to the committee's jurisdiction. (Pub.L. 87-82, 
            Sec. 3, July 6, 1961, 75 Stat. 199.)
       923  Sec. 2044. Special deposit account.
                There is established with the Treasurer of the United 
            States a special deposit account in the name of the 
            Architect of the Capitol for the United States Senate 
            Restaurants, into which shall be deposited all sums received 
            pursuant to sections 2042 to 2047 of this title or any 
            amendatory or supplementary resolutions hereafter adopted 
            and from the operations thereunder and from which shall be 
            disbursed the sums necessary in connection with the exercise 
            of the duties required under section 2042 to 2047 of this 
            title or any amendatory or supplementary resolutions and the 
            operations thereunder. Any amounts appropriated for fiscal 
            year 1973 and thereafter from the Treasury of the United 
            States, which shall be part of a ``Contingent Expenses of 
            the Senate'' item for the particular fiscal year involved, 
            shall be paid to the Architect

[[Page 778]]

            of the Capitol by the Secretary of the Senate at such times 
            and in such sums as the Senate Committee on Rules and 
            Administration may approve. Any such payment shall be 
            deposited by the Architect in full under such special 
            deposit account. (July 6, 1961, Pub.L. 87-82, Sec. 4, 75 
            Stat. 199; July 9, 1971, Pub.L. 92-51, Sec. 101, 85 Stat. 
            129; July 10, 1972, Pub.L. 92-342, Sec. 101, 86 Stat. 435.)
       924  Sec. 2045. Deposits and disbursements under special deposit 
                account.
                Deposits and disbursements under such special deposit 
            account (1) shall be made by the Architect, or, when 
            directed by him, by such employees of the Architect as he 
            may designate, and (2) shall be subject to audit by the 
            Government Accountability Office at such times and in such 
            manner as the Comptroller General may direct: Provided, That 
            payments made by or under direction of the Architect of the 
            Capitol from such special deposit account shall be 
            conclusive upon all officers of the Government. (Pub.L. 87-
            82, Sec. 5, July 6, 1961, 75 Stat. 200; Pub.L. 108-271, 
            Sec. 8(b), July 7, 2004, 118 Stat. 814.)
       925  Sec. 2046. Bond of Architect, Assistant Architect, and other 
                employees.
                The Architect, Assistant Architect, and any employees of 
            the Architect designated by the Architect under section 2045 
            of this title shall each give bond in the sum of $5,000 with 
            such surety as the Secretary of the Treasury may approve for 
            the handling of the financial transactions under such 
            special deposit account. (Pub.L. 87-82, Sec. 6, July 6, 
            1961, 75 Stat. 200.)
       926  Sec. 2047. Supersedure of prior provisions for maintenance 
                and operation of Senate Restaurants.
                Sections 2042 to 2047 of this title shall supersede any 
            other Acts or resolutions heretofore approved for the 
            maintenance and operation of the Senate Restaurants: 
            Provided, however, That any Acts or resolutions now in 
            effect shall again become effective, should the restaurants 
            at any future time revert to the jurisdiction of the Senate 
            Committee on Rules and Administration. (Pub.L. 87-82, 
            Sec. 7, July 6, 1961, 75 Stat. 200.)
       927  Sec. 2048. Management personnel and miscellaneous expenses; 
                availability of appropriations; annual and sick leave.
                On and after July 9, 1971, appropriations for the 
            ``Senate Office Buildings'' shall be available for 
            employment of management personnel of the Senate restaurant 
            facilities and miscellaneous restaurant expenses (except 
            cost of food and cigar stand sales) and, in fixing the 
            compensation of such personnel, the compensation of four 
            positions hereafter to be designated as Director of Food 
            Service, Assistant Director of Food Service, Manager 
            (special functions), and Administrative Officer shall be 
            fixed by the Architect of the Capitol without regard to 
            chapter 51 and subchapters III and IV of chapter 53 of title 
            5, and shall thereafter be adjusted in accordance with 
            section 5307 of title 5. Annual and sick leave balances of 
            such personnel, as of July 9, 1971, shall be credited to the 
            leave accounts of such personnel, subject to the provisions 
            of section 6304 of title 5, upon their transfer to the 
            appropriation for Senate Office Buildings and such personnel 
            shall continue, while employed by the Architect of the 
            Capitol, to earn leave at rates not less

[[Page 779]]

            than their present accrual rates. (Pub.L. 92-51, Sec. 101, 
            July 9, 1971, 85 Stat. 138, amended Pub.L. 94-59, Title V, 
            Sec. 500, July 25, 1975, 89 Stat. 289; Pub.L. 101-509, Title 
            V, Sec. 529, Nov. 5, 1990, 104 Stat. 1440.)
       928  Sec. 2049. Loans for Senate Restaurants.
            (a) Borrowing authority
                Subject to the approval of the Senate Committee on Rules 
            and Administration, the Architect of the Capitol shall have 
            authority to borrow (and be accountable for), from time to 
            time, from the appropriation account, within the contingent 
            fund of the Senate, for ``Miscellaneous Items'', such amount 
            as he may determine necessary to carry out the provisions of 
            the joint resolution entitled ``Joint Resolution 
            transferring the management of the Senate Restaurants to the 
            Architect of the Capitol, and for other purposes'', approved 
            July 6, 1961, as amended (2 U.S.C. 2042 through 2048), and 
            resolutions of the Senate amendatory thereof or 
            supplementary thereto.
            (b) Amount and period of loan; voucher
                Any such loan authorized pursuant to subsection (a) of 
            this section shall be for such amount and for such period as 
            the Senate Committee on Rules and Administration shall 
            prescribe and shall be made by the Secretary of the Senate 
            to the Architect of the Capitol upon a voucher approved by 
            the Chairman of the Senate Committee on Rules and 
            Administration.
            (c) Deposit, credit, and future availability of proceeds 
                from repayment
                All proceeds from the repayment of any such loan shall 
            be deposited in the appropriation account, within the 
            contingent fund of the Senate, for ``Miscellaneous Items'', 
            shall be credited to the fiscal year during which such loan 
            was made, and shall thereafter be available for the same 
            purposes for which the amount loaned was initially 
            appropriated. (Pub.L. 98-396, Title I, Sec. 101, Aug. 22, 
            1984, 98 Stat. 1395.)
            
                             Subchapter IV.--Child Care

       929  Sec. 2061. Designation of play area on Capitol grounds for 
                children attending day care center.
            (a) Authority of Capitol Police Board
                Notwithstanding any other provision of law and subject 
            to the provisions of paragraph (1) of subsection (b) of this 
            section, the Capitol Police Board is authorized to designate 
            certain portions of the Capitol grounds (other than a 
            portion within the area bounded on the North by Constitution 
            Avenue, on the South by Independence Avenue, on the East by 
            First Street, and on the West by First Street) for use 
            exclusively as play areas for the benefit of children 
            attending a day care center which is established for the 
            primary purpose of providing child care for the children of 
            Members and employees of the Senate or the House of 
            Representatives.
            (b) Required approval; fences; termination of authority
                (1) In the case of any such designation referred to in 
            subsection (a) of this section involving a day care center 
            established for the benefit

[[Page 780]]

            of children of Members and employees of the Senate, the 
            designation shall be with the approval of the Senate 
            Committee on Rules and Administration, and in the case of 
            such a center established for the benefit of children of 
            Members and employees of the House of Representatives, the 
            designation shall be with the approval of the House 
            Committee on House Oversight, with the concurrence of the 
            House Office Building Commission.
                (2) The Architect of the Capitol shall enclose with a 
            fence any area designated pursuant to subsection (a) of this 
            section as a play area.
                (3) The authority to use an area designated pursuant to 
            subsection (a) of this section as a play area may be 
            terminated at any time by the Committee which approved such 
            designation.
            (c) Playground equipment; required approval
                Nothing in this or any other Act shall be construed as 
            prohibiting any day care center referred to in subsection 
            (a) of this section from placing playground equipment within 
            an area designated pursuant to subsection (a) of this 
            section for use solely in connection with the operation of 
            such center, subject to, in the case of a day care center 
            established for the benefit of children of Members and 
            employees of the Senate, the approval of the Senate 
            Committee on Rules and Administration, and in the case of 
            such a center established for the benefit of children of 
            Members and employees of the House of Representatives, the 
            approval of the House Committee on House Oversight, with the 
            concurrence of the House Office Building Commission.
            (d) Day care center
                The day care center referred to in S. Res. 269, Ninety-
            eighth Congress, first session, is a day care center for 
            which space may be designated under subsection (a) of this 
            section for use as a play area. (Pub.L. 98-392, Sec. 3, Aug. 
            21, 1984, 98 Stat. 1362; Pub.L. 104-186, Title II, 
            Sec. 221(14), Aug. 20, 1996, 110 Stat. 1750.)
       930  Sec. 2063. Senate Employee Child Care Center.
            (a) Applicability of provisions
                The provisions of this section shall apply to any 
            individual who is employed by the Senate day care center 
            (known as the ``Senate Employee Child Care Center'' and 
            hereafter in this section referred to as the ``Center'') 
            established pursuant to Senate Resolution 269, Ninety-eighth 
            Congress, and section 214b of this title.
            (b) Employee election of health care insurance coverage
                Any individual described under subsection (a) of this 
            section who is employed by the Center on or after August 14, 
            1991, shall be deemed an employee under section 8901(1) of 
            title 5, for purposes of health insurance coverage under 
            chapter 89 of such title 5. An individual described under 
            subsection (a) of this section who is an employee of the 
            Center on August 14, 1991, may elect coverage under this 
            subsection during the 31-day period beginning on August 14, 
            1991, and during such periods as determined by the Office of 
            Personnel Management for employees of the Center employed 
            after such date.

[[Page 781]]

            (c) Deductions and withholding from employee pay
                The Center shall make such deductions and withholdings 
            from the pay of an individual described under subsection (a) 
            of this section who is an employee of the Center in 
            accordance with subsection (d) of this section.
            (d) Employee records; amount of deductions
                The Center shall--
                            (1) maintain records on all employees 
                        covered under this section in such manner as the 
                        Secretary of the Senate may require for 
                        administrative purposes; and
                            (2) after consultation with the Secretary of 
                        the Senate--

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

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

            (e) Government contributions
                Government contributions for individuals receiving 
            benefits under this section, as computed under section 8906 
            of title 5, shall be made by the Secretary of the Senate 
            from the appropriations account, within the contingent fund 
            of the Senate, ``miscellaneous items''.
            (f) Regulations
                The Office of Personnel Management may prescribe 
            regulations to carry out provisions of this section. (Pub.L. 
            102-90, Title III, Sec. 311, Aug. 14, 1991, 105 Stat. 467.)
       931  Sec. 2064. Senate Employee Child Care Center employee 
                benefits.
            (a) Election for coverage
                The provisions of this section shall apply to any 
            individual who--
                            (1)(A) On October 6, 1992, is employed by 
                        the Senate day care center (known as the 
                        ``Senate Employee Child Care Center'') 
                        established pursuant to Senate Resolution 269, 
                        Ninety-eighth Congress, and section 2061 of this 
                        title; and
                            (B) makes an election to be covered by this 
                        section with the Secretary of the Senate, no 
                        later than 60 days after October 6, 1992; or
                            (2) is hired by the Center after October 6, 
                        1992, and makes an election to be covered by 
                        this section with the Secretary of the Senate, 
                        no later than 60 days after the date such 
                        individual begins employment.
            (b) Payment of deposit; payroll deduction
                (1) Any individual described under subsection (a) of 
            this section may be credited, under section 8411 of title 5 
            for service as an employee of the Senate day care center 
            before January 1, 1993, if such employee makes a payment of 
            the deposit under section 8411(f)(2) of such title without 
            application of the provisions of section 8411(b)(3) of such 
            title.
                (2) An individual described under subsection (a) of this 
            section shall be credited under section 8411 of title 5 for 
            any service as an employee of the Senate day care center on 
            or after October 6, 1992, if such employee has such amounts 
            deducted and withheld from his pay as

[[Page 782]]

            determined by the Office of Personnel Management (in 
            accordance with regulations prescribed by such Office 
            subject to subsection (h) of this section) which would be 
            deducted and withheld from the basic pay of an employee 
            under section 8422 of title 5.
            (c) Survivor annuities and disability benefits
                Notwithstanding any other provision of this section, any 
            service performed by an individual described under 
            subsection (a) of this section as an employee of the Senate 
            day care center is deemed to be civilian service creditable 
            under section 8411 of title 5 for purposes of qualifying for 
            survivor annuities and disability benefits under subchapters 
            IV and V of chapter 84 of such title, if such individual 
            makes payment of an amount, determined by the Office of 
            Personnel Management, which would have been deducted and 
            withheld from the basic pay of such individual if such 
            individual had been an employee subject to section 8422 of 
            title 5 for such period so credited, together with interest 
            thereon.
            (d) Participation in Thrift Savings Plan
                An individual described under subsection (a) of this 
            section shall be deemed a congressional employee for 
            purposes of chapter 84 of title 5 including subchapter III 
            thereof and may make contributions under section 8432 of 
            such title effective for the first applicable pay period 
            beginning on or after October 6, 1992.
            (e) Life insurance coverage
                An individual described under subsection (a) of this 
            section shall be deemed an employee under section 8701(a)(3) 
            of title 5 for purposes of life insurance coverage under 
            chapter 87 of such title.
            (f) Source of contributions for benefits
                Government contributions for individuals receiving 
            benefits under this section, as computed under sections 
            8423, 8432, and 8708, shall be made by the Secretary of the 
            Senate from the appropriations account, within the 
            contingent fund of the Senate, ``Miscellaneous Items''.
            (g) Certification of creditable service
                The Office of Personnel Management shall accept the 
            certification of the Secretary of the Senate concerning 
            creditable service for the purpose of this section.
            (h) Payment to Center of amounts equal to Federal tax on 
                employers
                (1) Subject to the provisions of paragraph (2), the 
            Secretary of the Senate shall pay such amounts to the Senate 
            day care center equal to the tax on employers under section 
            3111 of the Internal Revenue Code of 1986 with respect to 
            each employee of the Senate day care center. Such payments 
            shall be made from the appropriations account, within the 
            contingent fund of the Senate, ``Miscellaneous Items''.
                (2) The Senate day care center shall provide appropriate 
            documentation to the Secretary of the Senate of payment by 
            such center of the tax described under paragraph (1), before 
            the Secretary of the Senate may pay any amount to such 
            center as provided under paragraph (1).
            (i) Administrative provisions
                The Center shall--

[[Page 783]]

                            (1) consult with the Secretary of the Senate 
                        on the administration of this section;
                            (2) maintain records on all employees 
                        covered under this section in such manner as the 
                        Secretary of the Senate may require for 
                        administrative purposes;
                            (3) make deductions and withholdings from 
                        the pay of employees in the amounts determined 
                        under sections 8422, 8432, and 8707 of title 5; 
                        and
                            (4) transmit such deductions and 
                        withholdings to the Secretary of the Senate for 
                        deposit and remittance to the Office of 
                        Personnel Management.
            (j) Regulations
                The Office of Personnel Management may prescribe 
            regulations to carry out the provisions of this section. 
            (Pub.L. 102-392, Title III, Sec. 320, Oct. 6, 1992, 106 
            Stat. 1725; Pub.L. 103-50, Sec. 1203, July 2, 1993, 107 
            Stat. 268.)
       932  Sec. 2065. Reimbursement of Senate day care center 
                employees.
            (a) Cost of training classes, conferences, and related 
                expenses
                Notwithstanding section 1345 of title 31, the Secretary 
            of the Senate may reimburse any individual employed by the 
            Senate day care center for the cost of training classes and 
            conferences in connection with the provision of child care 
            services and for travel, transportation, and subsistence 
            expenses incurred in connection with the training classes 
            and conferences.
            (b) Documentation
                The Senate day care center shall certify and provide 
            appropriate documentation to the Secretary of the Senate 
            with respect to any reimbursement under this section. 
            Reimbursements under this section shall be made from the 
            appropriations account ``MISCELLANEOUS ITEMS'' within the 
            contingent fund of the Senate on vouchers approved by the 
            Secretary of the Senate.
            (c) Regulations and limitations
                Reimbursements under this section shall be subject to 
            the regulations and limitations prescribed by the Committee 
            on Rules and Administration of the Senate for travel and 
            related expenses for which payment is authorized to be made 
            from the contingent fund of the Senate.
            (d) Effective date
                This section shall be effective on and after October 1, 
            1996. (Pub.L. 104-197, title I, Sec. 6, Sept. 16, 1996, 110 
            Stat. 2397.)
            
                Subchapter V.--Historical Preservation and Fine Arts

            
               Part A.--United States Capitol Preservation Commission

       933  Sec. 2081. United States Capitol Preservation Commission.
            (a) Establishment and purposes
                There is established in the Congress the United States 
            Capitol Preservation Commission (hereinafter in sections 
            2081 to 2086 of this title referred to as the 
            ``Commission'') for the purposes of--

[[Page 784]]

                            (1) providing for improvements in, 
                        preservation of, and acquisitions for, the 
                        United States Capitol;
                            (2) providing for works of fine art and 
                        other property for display in the United States 
                        Capitol and at other locations under the control 
                        of the Congress; and
                            (3) conducting other activities that 
                        directly facilitate, encourage, or otherwise 
                        support any purposes specified in paragraph (1) 
                        or (2).
            (b) Membership
                The Commission shall be composed of the following 
            Members of Congress:
                            (1) The President pro tempore of the Senate 
                        and the Speaker of the House of Representatives, 
                        who shall be co-chairmen.
                            (2) The Chairman and Vice-Chairman of the 
                        Joint Committee on the Library.
                            (3) The Chairman and the ranking minority 
                        party member of the Committee on Rules and 
                        Administration of the Senate, and the Chairman 
                        and the ranking minority party member of the 
                        Committee on House Oversight of the House of 
                        Representatives.
                            (4) The majority leader and the minority 
                        leader of the Senate.
                            (5) The majority leader and the minority 
                        leader of the House of Representatives.
                            (6) The Chairman of the Commission on the 
                        Bicentennial of the United States Senate and the 
                        Chairman of the Commission of the House of 
                        Representatives Bicentenary, to be succeeded 
                        upon expiration of such commissions, by a 
                        Senator or Member of the House of 
                        Representatives, as appropriate, appointed by 
                        the Senate or House of Representatives co-
                        chairman of the Commission, respectively.
                            (7) One Senator appointed by the President 
                        pro tempore of the Senate and one Senator 
                        appointed by the minority leader of the Senate.
                            (8) One Member of the House of 
                        Representatives appointed by the Speaker of the 
                        House of Representatives and one Member of the 
                        House of Representatives appointed by the 
                        minority leader of the House of Representatives.
            (c) Designees
                Each member of the Commission specified under subsection 
            (b) of this section (other than a member under paragraph (7) 
            or (8) of such subsection) may designate a Senator or Member 
            of the House of Representatives, as the case may be, to 
            serve as a member of the Commission in place of the member 
            so specified.
            (d) Architect of the Capitol
                In addition to the members under subsection (b) of this 
            section, the Architect of the Capitol shall participate in 
            the activities of the Commission, ex officio, and without 
            the right to vote.
            (e) Staff support and assistance
                The Senate Commission on Art, the House of 
            Representatives Fine Arts Board, and the Architect of the 
            Capitol shall provide to the Commission such staff support 
            and assistance as the Commission may request.

[[Page 785]]

            (Pub.L. 100-696, Title VIII, Sec. 801, Nov. 18, 1988, 102 
            Stat. 4608; Pub.L. 104-186, Title II, Sec. 221(7), Aug. 20, 
            1996, 110 Stat. 1749.)
       934  Sec. 2082. Authority of Commission to accept gifts and 
                conduct other transactions relating to works of fine art 
                and other property.
            (a) In general
                In carrying out the purposes referred to in section 
            2081(a) of this title the Commission is authorized--
                            (1) to accept gifts of works of fine art, 
                        gifts of other property, and gifts of money; and
                            (2) to acquire property, administer 
                        property, dispose of property, and conduct other 
                        transactions related to such purposes.
            (b) Transfer and disposition of works of fine art and other 
                property
                The Commission shall, with respect to works of fine art 
            and other property received by the Commission--
                            (1) in consultation with the Joint Committee 
                        on the Library, the Senate Commission on Art, or 
                        the House of Representatives Fine Arts Board, as 
                        the case may be, transfer such property to the 
                        entity consulted;
                            (2) if a transfer described in paragraph (1) 
                        is not appropriate, dispose of the work of fine 
                        art by sale or other transaction; and
                            (3) in the case of property that is not 
                        directly related to the purposes referred to in 
                        section 2081(a) of this title, dispose of such 
                        property by sale or other transaction.
            (c) Requirements for conduct of transactions
                In conducting transactions under this section, the 
            Commission shall--
                            (1) accept money only in the form of a check 
                        or similar instrument made payable to the 
                        Treasury of the United States and shall deposit 
                        any such check or instrument in accordance with 
                        section 2083 of this title;
                            (2) in making sales and engaging in other 
                        property transactions, take into consideration 
                        market conditions and other relevant factors; 
                        and
                            (3) assure that each transaction is directly 
                        related to the purposes referred to in section 
                        2081(a) of this title. (Pub.L. 100-696, Title 
                        VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609; 
                        Pub.L. 101-302, Title III, Sec. 312(a), May 25, 
                        1990, 104 Stat. 245.)
       935  Sec. 2083. Capitol Preservation Fund.
            (a) In general
                There is established in the Treasury a fund, to be known 
            as the ``Capitol Preservation Fund'' (hereafter in sections 
            2081 to 2086 of this title referred to as the ``fund''), 
            which shall consist of (1) amounts deposited, and interest 
            and proceeds credited, under subsection (d) of this section, 
            (2) obligations obtained under subsection (e) of this 
            section, and (3) all surcharges received by the Secretary of 
            the Treasury from the sale of coins minted under the 
            Bicentennial of the United States Congress Commemorative 
            Coin Act.
            (b) Availability of fund
                The fund shall be available to the Commission--

[[Page 786]]

                            (1) for payment of transaction costs and 
                        similar expenses incurred under section 2082 of 
                        this title;
                            (2) subject to the approval of the Committee 
                        on Appropriations of the House of 
                        Representatives and the Committee on 
                        Appropriations of the Senate, for improvement 
                        and preservation projects for the United States 
                        Capitol;
                            (3) for disbursement with respect to works 
                        of fine art and other property as provided in 
                        section 2082 of this title; and
                            (4) for such other payments as may be 
                        required to carry out section 2081 of this title 
                        or section 2082 of this title.
            (c) Transaction costs and proportionality
                In carrying out this section, the Commission shall, to 
            the extent practicable, take such action as may be 
            necessary--
                            (1) to minimize disbursements under 
                        subsection (b)(1) of this section; and
                            (2) to equalize disbursements under 
                        subsection (b) of this section between the 
                        Senate and the House of Representatives.
            (d) Deposits, credits, and disbursements
                The Commission shall deposit in the fund gifts of money 
            and proceeds of transactions under section 2082 of this 
            title. The Secretary of the Treasury shall credit to the 
            fund the interest on, and the proceeds from sale or 
            redemption of, obligations held in the fund. Disbursements 
            from the fund shall be made on vouchers approved by the 
            Commission and signed by the co-chairmen.
            (e) Investments
                The Secretary of the Treasury shall invest any portion 
            of the fund that, as determined by the Commission, is not 
            required to meet current withdrawals. Each investment shall 
            be made in an interest bearing obligation of the United 
            States or an obligation guaranteed as to principal and 
            interest by the United States that, as determined by the 
            Commission has a maturity suitable for the fund. In carrying 
            out this subsection, the Secretary may make such purchases, 
            sales, and redemptions of obligations as may be approved by 
            the Commission. (Pub.L. 100-696, Title VIII, Sec. 803, Nov. 
            18, 1988, 102 Stat. 4609; Pub.L. 101-302, Title III, 
            Sec. 312(b), May 25, 1990, 104 Stat. 245.)
       936  Sec. 2084. Audits by the Comptroller General.
                The Comptroller General shall conduct annual audits of 
            the transactions of the Commission and shall report the 
            results of each audit to the Congress. (Pub.L. 100-696, 
            Title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.)
       937  Sec. 2085. Advisory boards.
                The Commission may establish appropriate boards to 
            provide advice and assistance to the Commission and to 
            further the purposes of the Commission. The boards shall be 
            composed of members (including chairmen) who shall be 
            appointed by the Commission from public and private life and 
            shall serve at the pleasure of the Commission and each co-
            chairman of the Commission may appoint one member to any 
            such board. The members of boards under this section may be 
            reimbursed for actual and necessary expenses incurred in the 
            performance of the

[[Page 787]]

            duties of the boards, at the discretion of the Commission. 
            (Pub.L. 100-696, Title VIII, Sec. 805, Nov. 18, 1988, 102 
            Stat. 4610.)
       938  Sec. 2086. Definition.
                As used in sections 2081 to 2086 of this title, the term 
            ``Member of the House of Representatives'' means a 
            Representative in, or a Delegate or Resident Commissioner 
            to, the Congress. (Pub.L. 100-696, Title VIII, Sec. 806, 
            Nov. 18, 1988, 102 Stat. 4610.)
            
                          Part B.--Senate Commission on Art

       939  Sec. 2101. Senate Commission on Art.
            (a) Establishment
                There is hereby established a Senate Commission on Art 
            (hereinafter referred to as ``the Commission'') consisting 
            of the President pro tempore of the Senate, the chairman and 
            ranking minority member of the Committee on Rules and 
            Administration of the Senate, and the majority and minority 
            leaders of the Senate.
            (b) Chairman and Vice Chairman; quorum; Executive Secretary
                The Majority Leader and Minority Leader of the Senate 
            shall be the Chairman and Vice Chairman, respectively, of 
            the Commission. Three members of the Commission shall 
            constitute a quorum for the transaction of business, except 
            that the Commission may fix a lesser number which shall 
            constitute a quorum for the taking of testimony. The 
            Secretary of the Senate shall be the Executive Secretary of 
            the Commission \1\
                \1\ So in original. Probably should end with a period.
            (c) Appointment of Senate Curator; assignment of assistants
                The Secretary of the Senate shall appoint a Senate 
            Curator approved by the Senate Commission on Art. The Senate 
            Curator shall be an employee of the Secretary of the Senate 
            assigned to assist the Commission. The Secretary of the 
            Senate shall assign additional employees to assist the 
            Commission, and provide such other assistance, as the 
            Commission determines necessary.
            (d) Hearings and meetings
                The Commission shall be empowered to hold hearings, 
            summon witnesses, administer oaths, employ reporters, 
            request the production of papers and records, take such 
            testimony, and adopt such rules for the conduct of its 
            hearings and meetings, as it deems necessary. (Pub.L. 100-
            696, Title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102 
            Stat. 4610, 4611; Pub.L. 108-83, Title I, Sec. 3, Sept. 30, 
            2003, 117 Stat. 1010.)
       940  Sec. 2102. Duties of Commission.
            (a) In general
                The Commission is hereby authorized and directed to 
            supervise, hold, place, protect, and make known all works of 
            art, historical objects, and exhibits within the Senate wing 
            of the United States Capitol, any Senate Office Buildings, 
            and in all rooms, spaces, and corridors thereof, which are 
            the property of the United States, and in its judgment to 
            accept any works of art, historical objects, or exhibits 
            which may hereafter be offered, given, or devised to the 
            Senate, its committees, and its officers

[[Page 788]]

            for placement and exhibition in the Senate wing of the 
            Capitol, the Senate Office Buildings, or in rooms, spaces, 
            or corridors thereof.
            (b) Issuance and publication of regulations
                The Commission shall prescribe such regulations as it 
            deems necessary for the care, protection, and placement of 
            such works of art, exhibits, and historical objects in the 
            Senate wing of the Capitol and the Senate Office Buildings, 
            and for their acceptance on behalf of the Senate, its 
            committees, and officers. Such regulations shall be 
            published in the Congressional Record at such time or times 
            as the Commission may deem necessary for the information of 
            the Members of the Senate and the public.
            (c) Consistency of regulations
                Regulations authorized by the provisions of section 193 
            of this title to be issued by the Sergeant at Arms of the 
            Senate for the protection of the Capitol, and any 
            regulations issued, or activities undertaken, by the 
            Committee on Rules and Administration of the Senate, or the 
            Architect of the Capitol, in carrying out duties relating to 
            the care, preservation, and protection of the Senate wing of 
            the Capitol and the Senate Office Buildings, shall be 
            consistent with such rules and regulations as the Commission 
            may issue pursuant to subsection (b) of this section.
            (d) Responsibilities of Committee on Rules and 
                Administration of the Senate
                The Committee on Rules and Administration of the Senate 
            in consultation with the Architect of the Capitol and 
            consistent with regulations prescribed by the Commission 
            under subsection (b) of this section, shall have 
            responsibility for the supervision, protection, and 
            placement of all works of art, historical objects, and 
            exhibits which shall have been accepted on behalf of the 
            Senate by the Commission or acknowledged as United States 
            property by inventory of the Commission, and which may be 
            lodged in the Senate wing of the Capitol or the Senate 
            Office Building by the Commission. (Pub.L. 100-696, Title 
            IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 
            4611.)
       941  Sec. 2103. Supervision and maintenance of Old Senate 
                Chamber.
                The Commission shall have responsibility for the 
            supervision and maintenance of the Old Senate Chamber on the 
            principal floor of the Senate wing of the Capitol and of the 
            Old Supreme Court Chamber insofar as each is to be preserved 
            as a patriotic shrine in the Capitol for the benefit of the 
            people of the United States. (Pub.L. 100-696, Title IX, 
            Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610; Pub.L. 107-68, 
            Title I, Sec. 108(a), Nov. 12, 2001, 115 Stat. 569.)
       942  Sec. 2104. Publication of list of works of art, historical 
                objects, and exhibits.
                The Commission shall, from time to time, but at least 
            once every ten years, publish as a Senate document a list of 
            all works of art, historical objects, and exhibits currently 
            within the Senate wing of the Capitol and the Senate Office 
            Buildings, together with their description, location, and 
            with such notes as may be pertinent to their history. 
            (Pub.L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102 
            Stat. 4610.)

[[Page 789]]


       943  Sec. 2105. Authorization of appropriations.
                There is hereby authorized to be appropriated out of the 
            contingent fund of the Senate for the expenses of the 
            Commission such amount as may be necessary each fiscal year, 
            to be disbursed by the Secretary of the Senate on vouchers 
            signed by the Chairman or Vice Chairman of the Commission: 
            Provided, That no payment shall be made from such 
            appropriation as salary. (Pub.L. 100-696, Title IX, 
            Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610; Pub.L. 107-68, 
            Title I, Sec. 108(b), Nov. 12, 2001, 115 Stat. 569.)
       944  Sec. 2106. Repealed (Pub.L. 108-83, Title I, Sec. 3(a)3, 
                Sept. 30, 2003, 117 Stat. 1010).
       945

  

            Sec. 2107. Conservation, restoration, replication, or 
                replacement of items in United States Senate Collection.
            (a) Use of moneys in Senate contingent fund
                Effective with the fiscal year ending September 30, 2006 
            and each fiscal year thereafter, subject to the approval of 
            the Committee on Appropriations of the Senate, any 
            unexpended and unobligated funds in the appropriation 
            account for the ``Secretary of the Senate'' within the 
            contingent fund of the Senate which have not been withdrawn 
            in accordance with section 102a of Title 2 shall be 
            available for the expenses incurred, without regard to the 
            fiscal year in which incurred, for the purchase of art and 
            historical objects for the United States Senate Collection, 
            for exhibits and public education relating to the United 
            States Senate Collection, for administrative and 
            transitional expenses of the Senate Commission on Art, and 
            for the conservation, restoration, and replication or 
            replacement, in whole or in part, of works of art, 
            historical objects, documents, or material relating to 
            historical matters for placement of exhibition within the 
            Senate wing of the United States Capitol, any Senate Office 
            Building, or any room, corridor, or other space therein. In 
            the case of replication or replacement of such works, 
            objects, documents or material, the funds available under 
            this subsection shall be available for any such works, 
            objects, documents or material previously contained within 
            the Senate wing of the Capitol, or works, objects, document, 
            or material historically accurate.
            (b) United States Senate Collection
                All such works, objects, documents or material referred 
            to in subsection (a) of this section shall be known as the 
            ``United States Senate Collection''.
            (c) Approval of disbursements by Chairman or Executive 
                Secretary of Senate Commission on Art
                Disbursements for expenses incurred for the purposes in 
            subsection (a) of this section shall be made upon vouchers 
            approved by the Chairman of the Senate Commission on Art or 
            the Executive Secretary of the Senate Commission on Art. 
            (Pub.L. 101-302, Title III, Sec. 316, May 25, 1990, 104 
            Stat. 246; Pub.L. 101-520, Title III, Sec. 323, Nov. 5, 
            1990, 104 Stat. 2285; Pub.L. 102-90, Title III, Sec. 310, 
            Aug. 14, 1991, 105 Stat. 467; Pub.L. 102-392, Title III, 
            Sec. 312, Oct. 6, 1992, 106 Stat. 1723; Pub.L. 104-53, 
            Sec. 311, Nov. 19, 1995, 109 Stat. 538; Pub.L. 104-197, 
            Title III, Sec. 313, Sept. 16, 1996, 110 Stat. 2415; Pub.L. 
            105-55, Title III, Sec. 309, Oct. 7, 1997, 111 Stat. 1198; 
            Pub.L. 105-275, Title III, Sec. 311, Oct. 21,

[[Page 790]]

            1998, 112 Stat. 2457, Sept. 29, 1999; Pub.L. 106-57, 
            Sec. 309, 113 Stat. 427; Pub.L. 106-554, Sec. 1(a)(2) [Title 
            I, Sec. 8, Title III, Sec. 309], Dec. 21, 2000, 114 Stat. 
            2763, 2763A-98, 2763A-119; Pub.L. 107-68, Title III, 
            Sec. 308, Nov. 12, 2001, 115 Stat. 592; Pub.L. 108-7, Div. 
            H, Title II, Sec. 207, Feb. 20, 2003, 117 Stat. 383; Pub.L 
            108-83, Title I, Sec. Sec. 3(d)(2), 7, Sept. 30, 2003, 117 
            Stat. 1013; Pub.L. 108-447, Div. G, Title I, Sec. 3, Dec. 8, 
            2004, 118 Stat. 3169; Pub.L. 109-55, Title I, Sec. 3, Aug. 
            2, 2005, 119 Stat. 568.)
       946  Sec. 2108. Provisions relating to Senate Commission on Art.
            (a) Authority to acquire and dispose
                (1) In general
                            The Senate Commission on Art (referred to in 
                        this section as the ``Commission'') may--

                                (A) accept gifts of money; and

                                (B) acquire (by gift, purchase, or 
                            otherwise) any work of art, historical 
                            object, document, or material relating to 
                            historical matters, or exhibit, for 
                            placement or exhibition in the Senate Wing 
                            of the Capitol, the Senate Office Buildings, 
                            or in rooms, spaces, or corridors thereof.

                (2) Accession or disposal
                            All works of art, historical objects, 
                        documents, or material related to historical 
                        matters, or exhibits, acquired by the Commission 
                        may, as determined by the Commission and after 
                        consultation with the Curatorial Advisory Board, 
                        be--

                                (A) retained for accession to the United 
                            States Senate Collection or other use; or

                                (B) disposed of by sale or other 
                            transaction.

                (3) Omitted
            (b) Advisory boards
                (1) Curatorial Advisory Board
                            There is established a Board which shall be 
                        chaired by the Senate Curator. The Curatorial 
                        Advisory Board shall provide advice and 
                        assistance to the Commission on the acquisition, 
                        care, and disposition of items for or within the 
                        United States Senate Collection, and on such 
                        other matters as the Commission determines 
                        appropriate.
                (2) Additional advisory boards
                            (A) In general

                                The Commission, or the chairman and vice 
                            chairman acting jointly on behalf of the 
                            Commission and after giving notice to the 
                            Commission, may establish 1 or more 
                            additional advisory boards.

                            (B) Term

                                The term of existence for an additional 
                            advisory board--

                                        (i) shall be specified by the 
                                    Commission but no longer than 4 
                                    years; and

                                        (ii) shall be renewable.

                            (C) Purpose

                                The purpose of an additional advisory 
                            board shall be to provide advice and 
                            assistance to the Commission and to further 
                            the purposes of the Commission.

[[Page 791]]

                (3) Appointments
                            (A) In general

                                Subject to subparagraph (B), the 
                            Curatorial Advisory Board and other advisory 
                            boards established by the Commission under 
                            paragraph (2) shall be composed of members 
                            appointed by the Commission, or the chairman 
                            and vice chairman acting jointly on behalf 
                            of the Commission and after giving notice to 
                            the Commission.

                            (B) Applicable rules

                                Members appointed under subparagraph 
                            (A)--

                                        (i) shall be appointed from 
                                    public and private life and shall 
                                    serve at the pleasure of the 
                                    Commission; and

                                        (ii) in the case of individuals 
                                    appointed to the Curatorial Advisory 
                                    Board, shall be experts or have 
                                    significant experience in the field 
                                    of arts, historic preservation, or 
                                    other appropriate fields.

                                Each member of the Commission may have 
                            appointed to an advisory board created by 
                            the Commission at least 1 individual 
                            requested by that member.

                (4) Members
                            A member of a board under this subsection--

                                (A) may, at the discretion of the 
                            Commission, be reimbursed for actual and 
                            necessary expenses incurred in the 
                            performance of the official duties of the 
                            board from any funds available to the 
                            Commission in accordance with applicable 
                            Senate regulations for such expenses; and

                                (B) shall not, by virtue of such 
                            member's service on the board, be deemed to 
                            be an officer, employee, or agent of the 
                            Senate and may not bind the Senate in any 
                            contract or obligation.

                (5) Terms for additional advisory board members
                            Members appointed to the other advisory 
                        boards created under paragraph (2) shall serve 
                        for terms as stated in their appointment, but no 
                        longer than a term of 4 years, except that any 
                        member may be reappointed upon the expiration of 
                        their term.
                (6) Regulations
                            The Commission, or the chairman and vice 
                        chairman acting jointly on behalf of the 
                        Commission and after giving notice to the 
                        Commission, in consultation with the Committee 
                        on Rules and Administration, may promulgate such 
                        regulations governing advisory boards 
                        established under this subsection as are 
                        necessary to carry out the purposes of this 
                        subsection.
                (7) Assistance
                            The Executive Secretary of the Commission 
                        shall provide assistance to an advisory board as 
                        authorized by the Commission.
            (c) Establishment of Senate Preservation Fund
                (1) Establishment
                            There is established in the Treasury a fund, 
                        to be known as the ``Senate Preservation Fund'' 
                        (in this section referred to as the ``fund''), 
                        which shall consist of amounts deposited and 
                        credited under paragraph (3).
                (2) Payment of costs

[[Page 792]]

                            The fund shall be available to the 
                        Commission for the payment of acquisition and 
                        transaction costs incurred for acquisitions 
                        under subsection (a) of this section, for 
                        official activities of any advisory board 
                        established under subsection (b) of this 
                        section, for any purposes for which funds from 
                        the contingent fund of the Senate may be used 
                        under section 2107(a) of this title, and for 
                        expenditures, not to exceed $10,000 in any 
                        fiscal year, for meals and refreshments in 
                        Capitol facilities in connection with official 
                        activities of the Commission or other authorized 
                        programs or activities.
                (3) Deposits, credits, and disbursements
                            (A) Deposits

                                The Commission shall deposit in the fund 
                            amounts appropriated for use of the fund, 
                            gifts of money, and proceeds of transactions 
                            under subsection (a) of this section.

                            (B) Credits

                                The Secretary of the Treasury shall 
                            credit to the fund the interest on, and the 
                            proceeds from sale or redemption of, 
                            obligations held in the fund.

                            (C) Disbursements

                                Disbursements from the fund shall be 
                            made on vouchers approved by the Commission 
                            and signed by the Executive Secretary of the 
                            Commission.

                (4) Investments
                            (A) In general

                                The Secretary of the Treasury shall 
                            invest any portion of the fund that, as 
                            determined by the Commission, is not 
                            required to meet current withdrawals.

                            (B) Type of obligation

                                Each investment required by this 
                            paragraph shall be made in an interest 
                            bearing obligation of the United States or 
                            an obligation guaranteed as to the principal 
                            and interest by the United States that, as 
                            determined by the Commission, has a maturity 
                            suitable for the fund.

                            (C) Commission approval

                                In carrying out this subsection, the 
                            Secretary of the Treasury may make such 
                            purchases, sales, and redemption of 
                            obligations as may be approved by the 
                            Commission.

                (5) Services and support
                            The Library of Congress shall provide 
                        financial management and disbursing services and 
                        support to the Commission as may be required and 
                        mutually agreed to by the Librarian of Congress 
                        and the Executive Secretary of the Commission.
                (6) Audits
                            The Comptroller General of the United States 
                        shall conduct annual audits of the Senate 
                        Preservation Fund and shall report the results 
                        of each audit to the Commission.

[[Page 793]]

            (d) Omitted (Pub.L. 108-83, Title I, Sec. 3, Sept. 30, 2003, 
                117 Stat. 1010; Pub.L. 109-55, Title I, Sec. 4, Aug. 2, 
                2005, 119 Stat. 568.)
            
                               Part D.--Miscellaneous

       947  Sec. 2131. National Statuary Hall.
                Suitable structures and railings shall be erected in the 
            old hall of Representatives for the reception and protection 
            of statuary, and the same shall be under the supervision and 
            direction of the Architect of the Capitol. And the President 
            is authorized to invite all the States to provide and 
            furnish statues, in marble or bronze, not exceeding two in 
            number for each State, of deceased persons who have been 
            citizens thereof, and illustrious for their historic renown 
            or for distinguished civic or military services, such as 
            each State may deem to be worthy of this national 
            commemoration; and when so furnished, the same shall be 
            placed in the old hall of the House of Representatives, in 
            the Capitol of the United States, which is set apart, or so 
            much thereof as may be necessary, as a national statuary 
            hall for the purpose indicated in this section. (R.S. 
            Sec. 1814; Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147; 
            Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
       948  Sec. 2131a. Eligibility for placement of statues in National 
                Statuary Hall.
            (a) Eligibility
                No statue of any individual may be placed in National 
            Statuary Hall until after the expiration of the 10-year 
            period which begins on the date of the individual's death.
            (b) Exceptions
                Subsection (a) of this section does not apply with 
            respect to--
                            (1) the statue obtained and placed in 
                        National Statuary Hall under this Act; or
                            (2) any statue provided and furnished by a 
                        State under section 2131 of this title or any 
                        replacement statue provided by a State under 
                        section 2132 of this title. (Pub.L. 109-116, 
                        Sec. 2, Dec. 1, 2005, 119 Stat. 2524.)
       949  Sec. 2132. Replacement of statue in Statuary Hall.
            (a) Request by State
                (1) Any State may request the Joint Committee on the 
            Library of Congress to approve the replacement of a statue 
            the State has provided for display in Statuary Hall in the 
            Capitol of the United States under section 2131 of this 
            title.
                (2) A request shall be considered under paragraph (1) 
            only if--
                            (A) the request has been approved by a 
                        resolution adopted by the legislature of the 
                        State and the request has been approved by the 
                        Governor of the State, and
                            (B) the statue to be replaced has been 
                        displayed in the Capitol of the United States 
                        for at least 10 years as of the time the request 
                        is made, except that the Joint Committee may 
                        waive this requirement for cause at the request 
                        of a State.

[[Page 794]]

            (b) Agreement upon approval
                If the joint committee on the Library of Congress 
            approves a request under subsection (a) of this section, the 
            Architect of the Capitol shall enter into an agreement with 
            the State to carry out the replacement in accordance with 
            the request and any conditions the Joint Committee may 
            require for its approval. Such agreement shall provide 
            that--
                            (1) the new statue shall be subject to the 
                        same conditions and restrictions as apply to any 
                        statue provided by a State under section 2131 of 
                        this title, and
                            (2) the State shall pay any costs related to 
                        the replacement, including costs in connection 
                        with the design, construction, transportation, 
                        and placement of the new statue, the removal and 
                        transportation of the statue being replaced, and 
                        any unveiling ceremony.
            (c) Limitation on number of State statues
                Nothing in this section shall be interpreted to permit a 
            State to have more than two statues on display in the 
            Capitol of the United States.
            (d) Ownership of replaced statue; removal
                (1) Subject to the approval of the Joint Committee on 
            the Library, ownership of any statue replaced under this 
            section shall be transferred to the State.
                (2) If any statue is removed from the Capitol of the 
            United States as part of a transfer of ownership under 
            paragraph (1), then it may not be returned to the Capitol 
            for display unless such display is specifically authorized 
            by Federal law.
            (e) Relocation of statue
                The Architect of the Capitol, upon the approval of the 
            Joint Committee on the Library and with the advice of the 
            Commission of Fine Arts as requested, is authorized and 
            directed to relocate within the United States Capitol any of 
            the statues received from the States under section 2131 of 
            this title prior to December 21, 2000, and to provide for 
            the reception, location, and relocation of the statues 
            received hereafter from the States under such section. 
            (Pub.L. 106-554, Sec. 1(a)(2) [Title III, Sec. 311], Dec. 
            21, 2000, 114 Stat. 2763, 2763A-119.)
       950  Sec. 2133. Acceptance and supervision of works of fine arts.
                The Joint Committee on the Library, whenever, in their 
            judgment, it is expedient, are authorized to accept any work 
            of the fine arts, on behalf of Congress, which may be 
            offered, and to assign the same such place in the Capitol as 
            they may deem suitable, and shall have the supervision of 
            all works of art that may be placed in the Capitol. (R.S. 
            Sec. 1831.)
                                 Location of Statues
                House Concurrent Resolution 47, passed Feb. 24, 1933, 47 
            Stat. Part 2, 1784, provided:
                ``That the Architect of the Capitol, upon the approval 
            of the Joint Committee on the Library, with the advice of 
            the Commission on Fine Arts, is hereby authorized and 
            directed to relocate within the Capitol any of the statues 
            already received and placed in Statuary Hall, and to provide 
            for the reception and location of the statues received 
            hereafter from the States.''

[[Page 795]]


       951  Sec. 2134. Art exhibits.
                No work of art or manufacture other than the property of 
            the United States shall be exhibited in the National 
            Statuary Hall, the Rotunda, or the corridors of the Capitol. 
            (Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 391.)
       952  Sec. 2135. Private studios and works of art.
                No room in the Capitol shall be used for private studios 
            or works of art, without permission from the Joint Committee 
            on the Library, given in writing; and it shall be the duty 
            of the Architect of the Capitol to carry this provision into 
            effect. (Mar. 3. 1875, ch. 130, Sec. 1, 18 Stat. 376.)
            
                 Subchapter VI.--Botanic Garden and National Garden

       953  Sec. 2141. Supervision of Botanic Garden.
                The supervision of the Capitol police shall extend over 
            the Botanical Garden. (R.S. Sec. 1826.)
       954  Sec. 2142. Superintendent, etc., of Botanic Garden and 
                greenhouses.
                There shall be a superintendent and assistants in the 
            Botanical Garden and greenhouses, who shall be under the 
            direction of the Joint Committee on the Library. (R.S. 
            Sec. 1827.)
       955  Sec. 2145. Restriction on use of appropriation for Botanic 
                Garden.
                On and after July 31, 1958, no part of any appropriation 
            for the Botanic Garden shall be used for the distribution, 
            by congressional allotment, of trees, plants, shrubs, or 
            other nursery stock. (July 31, 1958, Pub.L. 85-570, 
            Sec. 101, 72 Stat. 450.)
       956  Sec. 2146. National Garden.
            (a) Establishment; gifts
                The Architect of the Capitol, subject to the direction 
            of the Joint Committee on the Library, is authorized to--
                            (1) construct a National Garden 
                        demonstrating the diversity of plants, including 
                        the rose, our national flower, to be located 
                        between Maryland and Independence Avenues, S.W., 
                        and extending from the Botanic Garden 
                        Conservatory to Third Streets, S.W., in the 
                        District of Columbia; and
                            (2) solicit, receive, accept, and hold 
                        gifts, including money, plant material, and 
                        other property, on behalf of the Botanic Garden, 
                        and to dispose of, utilize, obligate, expend, 
                        disburse, and administer such gifts for the 
                        benefit of the Botanic Garden, including among 
                        other things, the carrying out of any programs, 
                        duties, or functions of the Botanic Garden, and 
                        for constructing, equipping, and maintaining the 
                        National Garden referred to in paragraph (1).
            (b) Gifts and bequests of money; appropriations
                (1) Gifts or bequests of money under subsection (a)(2) 
            of this section shall, when received by the Architect, be 
            deposited with the Treasurer of the United States, who shall 
            credit these deposits as offsetting collections to an 
            account entitled ``Botanic Garden, Gifts and Donations.'' 
            The gifts or bequests described under subsection (a)(2) of 
            this section shall be accepted only in the total amount 
            provided in appropriations acts.

[[Page 796]]

                (2) The Secretary of the Treasury shall invest any 
            portion of the account designated in paragraph (1) that, as 
            determined by the Architect, is not required to meet current 
            expenses. Each investment shall be made in an interest-
            bearing obligation of the United States or an obligation 
            guaranteed both as to principal and interest by the United 
            States that, as determined by the Architect, has a maturity 
            date suitable for the purposes of the account. The Secretary 
            of the Treasury shall credit interest earned on the 
            obligations to the account.
                (3) Receipts, obligations, and expenditures of funds 
            under this section shall be included in annual estimates 
            submitted by the Architect for the operation and maintenance 
            of the Botanic Garden and such funds shall be expended by 
            the Architect, without regard to section 5 of Title 41, for 
            the purposes of this section after approval in appropriation 
            Acts. All such sums shall remain available until expended, 
            without fiscal year limitation.
            (c) Donations of personal services
                (1) In carrying out this section and his duties, the 
            Architect of the Capitol may accept personal services, 
            including educationally related work assignments for 
            students in nonpay status, if the service is to be rendered 
            without compensation.
                (2) No person shall be permitted to donate his or her 
            personal services under this section unless such person has 
            first agreed, in writing, to waive any and all claims 
            against the United States arising out of or in connection 
            with such services, other than a claim under the provisions 
            of chapter 81 of Title 5.
                (3) No person donating personal services under this 
            section shall be considered an employee of the United States 
            for any purpose other than for purposes of chapter 81 of 
            Title 5.
                (4) In no case shall the acceptance of personal services 
            under this section result in the reduction of pay or 
            displacement of any employee of the Botanic Garden.
            (d) Tax deductions
                Any gift accepted by the Architect of the Capitol under 
            this section shall be considered a gift to the United States 
            for purposes of income, estate, and gift tax laws of the 
            United States. (Pub.L. 100-458, Title III, Sec. 307E, Oct. 
            1, 1988, 102 Stat. 2183; Pub.L. 102-229, Title II, 
            Sec. 209(a), Dec. 12, 1991, 105 Stat. 1716; Pub.L. 104-53, 
            Title II, Sec. 201(b), Nov. 19, 1995, 109 Stat. 529; Pub.L. 
            105-275, Title II, Sec. 201, Oct. 21, 1998, 112 Stat. 2445.)
            
                    Subchapter VII.--Other Entities and Services

       957  Sec. 2161. John W. McCormack Residential Page School.
            (a) Construction authorization for dormitory and classroom 
                facilities complex
                There is hereby authorized to be constructed, on a site 
            jointly approved by the Senate Office Building Commission 
            and the House Office Building Commission, in accordance with 
            plans which shall be prepared by or under the direction of 
            the Architect of the Capitol and which shall be submitted to 
            and jointly approved by the Senate Office Building 
            Commission and the House Office Building Commission, a 
            fireproof building containing dormitory and classroom 
            facilities, including nec

[[Page 797]]

            essary furnishings and equipment, for pages of the Senate, 
            the House of Representatives, and the Supreme Court of the 
            United States.
            (b) Acquisition of property in District of Columbia
                The Architect of the Capitol, under the joint direction 
            and supervision of the Senate Office Building Commission and 
            the House Office Building Commission, is authorized to 
            acquire on behalf of the United States, by purchase, 
            condemnation, transfer, or otherwise, such publicly or 
            privately owned real property in the District of Columbia 
            (including all alleys, and parts of alleys, and streets 
            within the curblines surrounding such real property) located 
            in the vicinity of the United States Capitol Grounds, as may 
            be approved jointly by the Senate Office Building Commission 
            and the House Office Building Commission, for the purpose of 
            constructing on such real property, in accordance with this 
            section, a suitable dormitory and classroom facilities 
            complex for pages of the Senate, the House of 
            Representatives, and the Supreme Court of the United States.
            (c) Condemnation proceedings
                Any proceeding for condemnation instituted under 
            subsection (b) of this section shall be conducted in 
            accordance with subchapter IV of chapter 13 of title 16 of 
            the District of Columbia Code.
            (d) Transfer of United States owned property
                Notwithstanding any other provision of law, any real 
            property owned by the United States, and any alleys, or 
            parts of alleys and streets, contained within the curblines 
            surrounding the real property acquired on behalf of the 
            United States under this section shall be transferred, upon 
            the request of the Architect of the Capitol made with the 
            joint approval of the Senate Office Building Commission and 
            the House Office Building Commission, to the jurisdiction 
            and control of the Architect of the Capitol.
            (e) Alley and street closures by Mayor of District of 
                Columbia
                Notwithstanding any other provision of law, any alleys, 
            or parts of alleys and streets, contained within the 
            curblines surrounding the real property acquired on behalf 
            of the United States under this section shall be closed and 
            vacated by the Mayor of the District of Columbia in 
            accordance with any request therefor made by the Architect 
            of the Capitol with the joint approval of the Senate Office 
            Building Commission and the House Office Building 
            Commission.
            (f) United States Capitol Grounds provisions applicable
                Upon the acquisition on behalf of the United States of 
            all real property under this section, such property shall be 
            a part of the United States Capitol Grounds and shall be 
            subject to the provisions of sections 5101 to 5107 and 5109 
            of title 40 and sections 1922, 1961, 1966, 1967, and 1969 of 
            this title.
            (g) Designation; employment of services under supervision 
                and control of Architect of Capitol; joint approval and 
                direction of Speaker and President pro tempore; annual 
                estimates to Congress; regulations governing Architect 
                of Capitol
                The building constructed on the real property acquired 
            under this section shall be designated the ``John W. 
            McCormack Residential Page

[[Page 798]]

            School''. The employment of all services (other than that of 
            the United States Capitol Police) necessary for its 
            protection, care, maintenance, and use, for which 
            appropriations are made by Congress, shall be under the 
            control and supervision of the Architect of the Capitol. 
            Such supervision and control shall be subject to the joint 
            approval and direction of the Speaker and the President pro 
            tempore. The Architect shall submit annually to the Congress 
            estimates in detail for all services, other than those of 
            the United States Capitol Police or those provided in 
            connection with the conduct of school operations and the 
            personal supervision of pages, and for all other expenses in 
            connection with the protection, care, maintenance, and use 
            of the John W. McCormack Residential Page School. The 
            Speaker and the President pro tempore shall prescribe, from 
            time to time, regulations governing the Architect in the 
            provision of services and the protection, care, and 
            maintenance, of the John W. McCormack Residential Page 
            School.
            (h) Joint appointee for supervision and control over page 
                activities; regulations; Residence Superintendent of 
                Pages; appointment, compensation, and duties; additional 
                personnel: appointment and compensation
                The Speaker of the House of Representatives and the 
            President pro tempore of the Senate jointly shall designate 
            an officer of the House and an officer of the Senate, other 
            than a Member of the House or Senate, who shall jointly 
            exercise supervision and control over the activities of the 
            pages resident in the John W. McCormack Residential Page 
            School. With the approval of the Speaker and the President 
            pro tempore, such officers so designated shall prescribe 
            regulations governing--
                            (1) the actual use and occupancy of the John 
                        W. McCormack Residential Page School including, 
                        if necessary, the imposition of a curfew for 
                        pages;
                            (2) the conduct of pages generally; and
                            (3) other matters pertaining to the 
                        supervision, direction, safety, and well-being 
                        of pages in off-duty hours.

            Such officers, subject to the approval of the Speaker and 
            the President pro tempore, jointly shall appoint and fix the 
            per annum gross rate of pay of a Residence Superintendent of 
            Pages, who shall perform such duties with respect to the 
            supervision of pages resident therein as those officials 
            shall prescribe. In addition, such officers, subject to the 
            approval of the Speaker and the President pro tempore, 
            jointly shall appoint and fix the per annum gross rates of 
            pay of such additional personnel as may be necessary to 
            assist those officers and the Residence Superintendent of 
            Pages in carrying out their functions under this section.

            (i) Sections 88(a) and 88(b) of title 2 unaffected
                Nothing in section 88b-1 of title 2 and this section 
            shall affect the operation of section 88b of title 2, 
            relating to educational facilities of pages and other minors 
            who are congressional employees. (Oct. 26, 1970, Pub.L. 91-
            510, Sec. 492, 84 Stat. 1199; Dec. 24, 1973, Pub.L. 93-198, 
            Sec. 421, 87 Stat. 789; Aug. 20, 1996, Pub.L. 104-186, Title 
            II, Sec. 204(34)(c), 110 Stat. 1734.)
               Acquisition of Property as an Addition to the Capitol 
                                       Grounds
                To enable the Architect of the Capitol to acquire on 
            behalf of the United States, as an addition to the United 
            States Capitol Grounds, by purchase, condemnation,

[[Page 799]]

            transfer, or otherwise, all publicly or privately owned 
            property contained in square 764 in the District of 
            Columbia, and all alleys or parts of alleys contained within 
            the curblines surrounding such square, as such square 
            appears on the records in the office of the surveyor of the 
            District of Columbia as of the date of the approval of this 
            Act: Provided,  That any proceeding for condemnation brought 
            under this paragraph shall be conducted in accordance with 
            the Act of December 23, 1963 (16 D.C. Code, secs. 1351-
            1368): Provided further, That for the purposes of this 
            paragraph, square 764 shall be deemed to extend to the outer 
            face of the curbs surrounding such square: Provided further, 
            That notwithstanding any other provision of law, any real 
            property owned by the United States and any public alleys or 
            parts of alleys and streets contained within the curblines 
            surrounding such square shall, upon request of the Architect 
            of the Capitol, be transferred to the jurisdiction and 
            control of the Architect of the Capitol without 
            reimbursement or transfer of funds, and any alleys or parts 
            of alleys or streets contained within the curblines of said 
            square shall be closed and vacated by the Commissioner of 
            the District of Columbia, appointed pursuant to part III of 
            Reorganization Plan numbered 3 of 1967, in accordance with 
            any request therefor made by the Architect of the Capitol: 
            Provided further, That, upon acquisition of such real 
            property pursuant to this paragraph, the Architect of the 
            Capitol is authorized to use such property as a green park 
            area, pending its development for permanent use as the site 
            of the John W. McCormack Residential Page School, subject to 
            the approval of the Senate Office Building Commission and 
            the House Office Building Commission: Provided further, That 
            the jurisdiction of the Capitol Police shall extend over any 
            real property acquired under this paragraph and such 
            property shall become a part of the United States Capitol 
            Grounds and be subject to the provisions of sections 193a-
            193m, 212a, and 212b of title 40, United States Code: 
            Provided further, That the Architect of the Capitol, under 
            the direction of the Senate Office Building Commission and 
            the House Office Building Commission, is authorized and 
            directed to enter into such contracts, incur such 
            obligations, and make such expenditures, including 
            expenditures for personal and other services, as may be 
            necessary to carry out the provisions of this paragraph; 
            $1,450,000, to remain available until expended. (Oct. 31, 
            1972, Pub.L. 92-607, 86 Stat. 1512.)
       958  Sec. 2162a. Promoting maximum efficiency in operation of 
                Capitol Power Plant.
            (a) Steam boilers
                (1) In general
                            The Architect of the Capitol shall take such 
                        steps as may be necessary to operate the steam 
                        boilers at the Capitol Power Plant in the most 
                        energy efficient manner possible to minimize 
                        carbon emissions and operating costs, including 
                        adjusting steam pressures and adjusting the 
                        operation of the boilers to take into account 
                        variations in demand, including seasonality, for 
                        the use of the system.
                (2) Effective date
                            The Architect shall implement the steps 
                        required under paragraph (1) not later than 30 
                        days after December 19, 2007.
            (b) Chiller plant
                (1) In general
                            The Architect of the Capitol shall take such 
                        steps as may be necessary to operate the chiller 
                        plant at the Capitol Power Plant in the most 
                        energy efficient manner possible to minimize 
                        carbon emissions and operating costs, including 
                        adjusting water temperatures and adjusting the 
                        operation of the chillers to take into account 
                        variations in demand, including seasonality, for 
                        the use of the system.
                (2) Effective date
                            The Architect shall implement the steps 
                        required under paragraph (1) not later than 30 
                        days after December 19, 2007.

[[Page 800]]

            (c) Meters
                Not later than 90 days after December 19, 2007, the 
            Architect of the Capitol shall evaluate the accuracy of the 
            meters in use at the Capitol Power Plant and correct them as 
            necessary.
            (d) Report on implementation
                Not later than 180 days after December 19, 2007, the 
            Architect of the Capitol shall complete the implementation 
            of the requirements of this section and submit a report 
            describing the actions taken and the energy efficiencies 
            achieved to the Committee on Transportation and 
            Infrastructure of the House of Representatives, the 
            Committee on Commerce, Science, and Transportation of the 
            Senate, the Committee on House Administration of the House 
            of Representatives, and the Committee on Rules and 
            Administration of the Senate. (Pub.L. 110-140, Title V, 
            Sec. 504, Dec. 19, 2007, 110 Stat. 1656.)
       959  Sec. 2163. Capitol Grounds shuttle service.
                Funds appropriated for the Capitol Grounds after October 
            1, 1976, shall be available for the purchase or rental, 
            maintenance and operation of passenger motor vehicles to 
            provide shuttle service for Members and employees of 
            Congress to and from the buildings in the Legislative group. 
            (Pub.L. 94-440, Title VI, Sec. 601, Oct. 1, 1976, 90 Stat. 
            1453.)

       960  Sec. 2165. Capitol educational and informational center and 
                information and distribution stations; operation 
                agreements.
                Notwithstanding any other provision of law, the 
            Architect of the Capitol, in consultation with the House 
            Office Building Commission and the Senate Office Building 
            Commission, is hereby authorized and directed to provide 
            adequate space and facilities in the Capitol Building for an 
            educational and informational center and information and 
            distribution stations to afford visitors to the Capitol 
            Building an opportunity to acquire (1) information relative 
            to Congressional offices, (2) assistance relative to their 
            visit to the Capitol, (3) pamphlets, books, drawings, slides 
            and photographs, and related materials, and (4) information 
            about the Capitol and the history of the Capitol Building 
            and past and present Congresses. All materials distributed 
            by such educational and informational center and such 
            stations shall first be approved by the Architect of the 
            Capitol, after consultation with the House Committee on 
            House Oversight of the House of Representatives, the Senate 
            Committee on Rules and Administration, the United States 
            Capitol Historical Society, and such other educational and 
            historical groups as the Architect of the Capitol deems 
            appropriate. The Architect of the Capitol is hereby 
            authorized to enter into such agreements as may be 
            reasonably necessary to operate such educational and 
            informational center and stations. (Mar. 12, 1968, Pub.L. 
            90-264, Sec. 301, 82 Stat. 46; Aug. 20, 1996, Pub.L. 104-
            186, Title II, Sec. 221(16), 110 Stat. 1750.)
       961

  

            Sec. 2166. Capitol Guide Service.
            (a) Establishment; designation; Supervision of Capitol Guide 
                Board; membership of Board
                There is hereby established an organization under the 
            Congress of the United States, to be designated the 
            ``Capitol Guide Service'', which shall be subject to the 
            direction, supervision, and control of a Capitol

[[Page 801]]

            Guide Board consisting of the Architect of the Capitol, the 
            Sergeant at Arms of the Senate, and the Sergeant at Arms of 
            the House of Representatives.
            (b) Guided tours; regulations
                The Capitol Guide Service is authorized and directed to 
            provide guided tours of the interior of the United States 
            Capitol Building for the education and enlightenment of the 
            general public, without charge for such tours. All such 
            tours shall be conducted in compliance with regulations 
            prescribed by the Capitol Guide Board.
            (c) Duties of Capitol Guide Board; positions of guide in 
                Capitol Guide Service; establishment and revision; 
                Chief, Deputy Chief, and Assistant Chief Guide and 
                Guides: appointment, duties, pay and termination of 
                employment
                The Capitol Guide Board is authorized--
                            (1) with the prior approval of the Committee 
                        on Rules and Administration of the Senate and 
                        the Committee on House Oversight of the House of 
                        Representatives, to establish and revise such 
                        number of positions of Guide in the Capitol 
                        Guide Service as the Board considers necessary 
                        to carry out effectively the activities of the 
                        Capitol Guide Service;
                            (2) to appoint, on a permanent basis, 
                        without regard to political affiliation, and 
                        solely on the basis of fitness to perform their 
                        duties, a Chief Guide, a Deputy Chief Guide, and 
                        an Assistant Chief Guide, and, in addition, such 
                        number of Guides as may be authorized under 
                        subparagraph (1) of this subsection;
                            (3) to prescribe their duties and 
                        responsibilities;
                            (4) with the prior approval of the Committee 
                        on Rules and Administration of the Senate and 
                        the Committee on House Oversight of the House of 
                        Representatives, to fix, and adjust from time to 
                        time, their respective rates of pay at single 
                        per annum (gross) rates; and
                            (5) to terminate their employment as the 
                        Board considers appropriate.
            (d) Uniforms
                The Capitol Guide Board shall--
                            (1) prescribe a uniform dress, including 
                        appropriate insignia, which shall be worn by 
                        personnel of the Capitol Guide Service when on 
                        duty; and
                            (2) from time to time, as may be necessary, 
                        procure and furnish such uniforms to such 
                        personnel without charge to such personnel.
            (e) Acceptance of fees; prohibition
                An employee of the Capitol Guide Service shall not 
            charge or accept any fee, or accept any gratuity, for or on 
            account of his official services.
            (f) Personnel detail
                The Capitol Guide Board may detail personnel of the 
            Capitol Guide Service to assist the United States Capitol 
            Police by providing ushering and informational services, and 
            other services not directly involving law enforcement, in 
            connection with the inauguration of the President and Vice 
            President of the United States, the official reception of 
            representatives of foreign nations and other persons by the 
            Senate or House of

[[Page 802]]

            Representatives, and other special or ceremonial occasions 
            in the United States Capitol Building or on the United 
            States Capitol Grounds which require the presence of 
            additional Government personnel and which cause the 
            temporary suspension of the performance of the regular 
            duties of the Capitol Guide Service.
            (g) Historical and educational information
                The Capitol Guide Board may receive and consider advice 
            and information from any private historical or educational 
            organization, association, or society with respect to those 
            operations of the Capitol Guide Service which involve the 
            furnishing of historical and educational information to the 
            general public.
            (h) Regulations for operation of service
                With the prior approval of the Committee on Rules and 
            Administration of the Senate and the Committee on House 
            Administration of the House of Representatives, the Capitol 
            Guide Board shall prescribe such regulations as the Board 
            considers necessary and appropriate for the operation of the 
            Capitol Guide Service.
            (i) Disciplinary action
                The Capitol Guide Board may take appropriate 
            disciplinary action, including, when circumstances warrant, 
            suspension from duty without pay, reduction in pay, 
            demotion, or removal from employment with the Capitol Guide 
            Service, against any employee who violates any provision of 
            this section or any regulation prescribed by the Board 
            pursuant to this section.
            (j) Volunteers
                (1) Notwithstanding section 1342 of title 31, the 
            Capitol Guide Service is authorized to accept voluntary 
            personal services.
                (2) No person shall be permitted to donate personal 
            services under this subsection unless the person has first 
            agreed, in writing, to waive any claim against the United 
            States arising out of or in connection with such services, 
            other than a claim under chapter 81 of title 5.
                (3) No person donating personal services under this 
            section shall be considered an employee of the United States 
            for any purposes other than for purposes of chapter 81 of 
            title 5.
                (4) In no case shall the acceptance of personal services 
            under this section result in the reduction of pay or 
            displacement of any employee of the Capitol Guide Service. 
            (Pub.L. 91-510, Title IV, Sec. 441, Oct. 26, 1970, 84 Stat. 
            1190; Pub.L. 95-94, Title I, Aug. 5, 1977, 91 Stat. 671; 
            Pub.L. 104-186, Title II, Sec. 221(17), Aug. 20, 1996, 110 
            Stat. 1750; Pub.L. 104-279, Oct. 9, 1996, 110 Stat. 3358.)
       962  Sec. 2168. Memorandum of understanding for provision of 
                services of the United States Capitol telephone exchange 
                for the House.
            (a) In general
                The Chief Administrative Officer of the House of 
            Representatives and the Sergeant at Arms and Doorkeeper of 
            the Senate may enter into a memorandum of understanding 
            under which the Sergeant at Arms and Doorkeeper shall 
            provide all services of the United States Capitol telephone 
            exchange for the House of Representatives, in accordance 
            with

[[Page 803]]

            such terms and conditions as may be provided in the 
            memorandum of understanding.
            (b) Transfer of positions and personnel
                For any period during which a memorandum of 
            understanding is in effect pursuant to this section--
                            (1) all positions in the United States 
                        Capitol telephone exchange for which the 
                        employing authority is the Chief Administrative 
                        Officer shall be transferred to the Sergeant at 
                        Arms and Doorkeeper;
                            (2) all employees in the United States 
                        Capitol telephone exchange for whom the 
                        employing authority is the Chief Administrative 
                        Officer shall be transferred to, and appointed 
                        by, the Sergeant at Arms and Doorkeeper; and
                            (3) the Sergeant at Arms and Doorkeeper 
                        shall serve as the employing authority for all 
                        personnel of the United States Capitol telephone 
                        exchange.
            (c) Pay and leave accrual
                In carrying out a memorandum of understanding pursuant 
            to this section, the Sergeant at Arms and Doorkeeper shall 
            ensure that, with respect to any employee of the United 
            States Capitol telephone exchange whose employing authority 
            prior to the effective date of the memorandum was the Chief 
            Administrative Officer--
                            (1) the rate of pay and leave accrual for 
                        the employee shall not be less than the 
                        employee's rate of pay and leave accrual for the 
                        most recent pay period prior to such date, 
                        unless--

                                (A) the employee does not remain in the 
                            same position with the exchange; or

                                (B) the rate of pay or leave accrual is 
                            reduced for cause; and

                            (2) any leave accrued by the employee that 
                        remains unused as of such date shall be 
                        transferred to the employee and made available 
                        for the employee to use under the same terms and 
                        conditions that applied to the use of the leave 
                        prior to such date.
            (d) Omitted
            (e) Reimbursement of expenses by House
                            (1) A memorandum of understanding under this 
                        section may include a provision requiring the 
                        reimbursement by the House of Representatives 
                        during a fiscal year (paid out of the applicable 
                        accounts of the House) of the expenses incurred 
                        by the Sergeant at Arms and Doorkeeper during 
                        the fiscal year in carrying out the memorandum 
                        with respect to the employees of the United 
                        States Capitol telephone exchange whose 
                        employing authority prior to the effective date 
                        of the memorandum was the Chief Administrative 
                        Officer.
                            (2) Any reimbursement made pursuant to this 
                        subsection--

                                (A) in the case of a reimbursement for 
                            salaries or agency contributions and related 
                            expenses, shall be deposited in the account 
                            under the heading ``OFFICE OF THE SERGEANT 
                            AT ARMS AND DOORKEEPER'' or ``AGENCY 
                            CONTRIBUTIONS AND RELATED EXPENSES'', under 
                            the heading ``SALARIES, OFFICERS AND 
                            EMPLOYEES''; and

                                (B) in the case of a reimbursement for 
                            expenses, shall be deposited in the account 
                            under the heading ``SERGEANT AT

[[Page 804]]

                            ARMS AND DOORKEEPER OF THE SENATE'' under 
                            the heading ``CONTINGENT EXPENSES OF THE 
                            SENATE''.

                            (3) Any funds deposited under paragraph (2) 
                        shall be available in like manner and for the 
                        same purposes as are other funds in the account 
                        to which the funds were deposited.
            (f) Effective date
                This section and the amendment made by this section 
            shall apply with respect to fiscal year 2005 and each 
            succeeding fiscal year. (Pub.L. 108-447, Div. G, Title II, 
            Sec.  215, Dec. 8, 2004, 118 Stat. 3197.)
            
                           Subchapter VIII.--Miscellaneous

       963  Sec. 2181. Assignment of space for meetings of joint 
                committees, conference committees, etc.
                The President pro tempore of the Senate and the Speaker 
            of the House of Representatives shall cause a survey to be 
            made of available space within the Capitol which could be 
            utilized for joint committee meetings, meetings of 
            conference committees, and other meetings, requiring the 
            attendance of both Senators and Members of the House of 
            Representatives; and shall recommend the reassignment of 
            such space to accommodate such meetings. (Aug. 2, 1946, ch. 
            753, Sec. 242, 60 Stat. 839.)
       964  Sec. 2183. Protection of buildings and property.
                The Sergeants at Arms of the Senate and of the House of 
            Representatives are authorized to make such regulations as 
            they may deem necessary for preserving the peace and 
            securing the Capitol from defacement, and for the protection 
            of the public property therein, and they shall have power to 
            arrest and detain any person violating such regulations, 
            until such person can be brought before the proper 
            authorities for trial. (R.S. Sec. 1820.)
            Cross References
                Policing of Capitol building and grounds, see section 
            1961 of this title.
       965  Sec. 2184. Purchase of furniture or carpets for House or 
                Senate.
                No furniture or carpets for either House shall be 
            purchased without the written order of the chairman of the 
            Committee on Rules and Administration, for the Senate, or 
            without the written order of the chairman of the Committee 
            on House Oversight of the House of Representatives, for the 
            House of Representatives. (R.S. Sec. 1816; Aug. 2, 1946, ch. 
            753, Sec. Sec. 102, 121, 224, 60 Stat. 814, 822, 838; Aug. 
            20, 1996, Pub.L. 104-186, Title II, Sec. 221(2), 110 Stat. 
            1748.)
            
                         Chapter 31.--CAPITOL VISITOR CENTER

            
                              Subchapter I.--In General

       966  Sec.  2201. Designation of facility as Capitol Visitor 
                Center; purposes of facility; treatment of the Capitol 
                Visitor Center.
            (a) Designation
                The facility authorized for construction under the 
            heading ``CAPITOL VISITOR CENTER'' under chapter 5 of title 
            II of division B of the Omnibus Consolidated and Emergency 
            Supplemental Appropriations Act,

[[Page 805]]

            1999 (Public Law 105-277; 112 Stat. 2681-569) is designated 
            as the Capitol Visitor Center and is a part of the Capitol.
            (b) Purposes of the facility
                The Capitol Visitor Center shall be used--
                            (1) to provide enhanced security for persons 
                        working in or visiting the United States 
                        Capitol;
                            (2) to improve the visitor experience by 
                        providing a structure that will afford improved 
                        visitor orientation and enhance the educational 
                        experience of those who have come to learn about 
                        the Congress and the Capitol; and
                            (3) for other purposes as determined by 
                        Congress or the Committee on Rules and 
                        Administration of the Senate and the Committee 
                        on House Administration of the House of 
                        Representatives.
            (c) Treatment of the Capitol Visitor Center
                            (1) Oversight
                            The Committee on Rules and Administration of 
                        the Senate and the Committee on House 
                        Administration of the House of Representatives 
                        shall have oversight of the Capitol Visitor 
                        Center.
                            (2) Treatment of expansion space of the 
                        Senate and House of Representatives in the 
                        Capitol Visitor Center

                                (A) Senate

                                The expansion space of the Senate 
                            described as unassigned space under the 
                            heading ``Capitol Visitor Center'' under the 
                            heading ``ARCHITECT OF THE CAPITOL'' under 
                            title II of the Act entitled ``An Act making 
                            appropriations for the Legislative Branch 
                            for the fiscal year ending September 30, 
                            2002, and for other purposes'', approved 
                            November 12, 2001 (Public Law 107-68; 115 
                            Stat. 588) shall be part of the Senate wing 
                            of the Capitol.

                                (B) House of Representatives

                                The expansion space of the House of 
                            Representatives described as unassigned 
                            space under the heading ``Capitol Visitor 
                            Center'' under the heading ``ARCHITECT OF 
                            THE CAPITOL'' under title II of the Act 
                            entitled ``An Act making appropriations for 
                            the Legislative Branch for the fiscal year 
                            ending September 30, 2002, and for other 
                            purposes'' approved November 12, 2001 
                            (Public Law 107-68; 115 Stat. 588) shall be 
                            part of the House of Representatives wing of 
                            the Capitol.

            (d) Treatment of Congressional Auditorium and related 
                adjacent areas
                            (1) In general
                            The Committee on Rules and Administration of 
                        the Senate and the Committee on House 
                        Administration of the House of Representatives 
                        shall jointly prescribe regulations for the 
                        assignment of the space in the Capitol Visitor 
                        Center known as the Congressional Auditorium and 
                        the related adjacent areas.
                            (2) Related adjacent areas
                            The regulations under paragraph (1) shall 
                        include a designation of the areas that are 
                        related adjacent areas to the Congressional 
                        Auditorium.

[[Page 806]]

            (e) Omitted
            (f) Exhibits for displays
                            (1) In general

                                (A) Loan agreements

                                Subject to subparagraph (B), the 
                            Architect of the Capitol may enter into loan 
                            agreements to place historical objects for 
                            display in the Exhibition Hall of the 
                            Capitol Visitor Center.

                                (B) Consultation and approval

                                The Architect of the Capitol may 
                            exercise the authority under subparagraph 
                            (A) with respect to each loan agreement--

                                        (i) after consultation with--

                                                (I) the Senate 
                                            Commission on Art; and
                                                (II) the House of 
                                            Representatives Fine Arts 
                                            Board; and

                                        (ii) subject to the approval 
                                    of--

                                                (I) the Committee on 
                                            Rules and Administration of 
                                            the Senate; and
                                                (II) the Committee on 
                                            House Administration of the 
                                            House of Representatives.

                                (C) Effective date

                This paragraph shall take effect on December 3, 2008.
                            (2) Omitted
                            (3) Exceptions to exhibition prohibition
                            Section 2134 of this title shall not apply 
                        to any historical object placed within an 
                        exhibit in the Exhibition Hall of the Capitol 
                        Visitor Center that--

                                (A)(i) is directly related to the 
                            purpose of the Capitol Visitor Center under 
                            subsection (b)(2);

                                (ii) is the subject of a loan agreement 
                            entered into by the Architect of the Capitol 
                            before December 2, 2008; and

                                (iii) has been approved by the Capitol 
                            Preservation Commission; or

                                (B) is the subject of a loan agreement 
                            described under paragraph (1)(A).

                            (4) Substitution of historical object
                            A loan agreement described under paragraph 
                        (3)(A)(ii) may provide for the removal of an 
                        historical object from exhibition for 
                        preservation purposes and the substitution of 
                        that object with another historical object 
                        having a comparable educational purpose. (Pub.L. 
                        110-437, Title I, Sec.  101, Oct. 20, 2008, 122 
                        Stat. 4984.)
       967  Sec. 2202. Designation and naming within the Capitol Visitor 
                Center.
            (a) In general
                Except as provided under subsection (b), no part of the 
            Capitol Visitor Center may be designated or named without 
            the approval of--
                            (1) not less than 3/4 of all members on the 
                        Capitol Preservation Commission who are members 
                        of the Democratic party; and
                            (2) not less than 3/4 of all members on the 
                        Capitol Preservation Commission who are members 
                        of the Republican party.

[[Page 807]]

            (b) Exception
                Subsection (a) shall not apply to any room or space 
            under the jurisdiction of the Senate or the House of 
            Representatives. (Pub.L. 110-437, Title I, Sec.  102, Oct. 
            20, 2008, 122 Stat. 4986.)
       968  Sec. 2203. Use of the Emancipation Hall of the Capitol 
                Visitor Center.
                The Emancipation Hall of the Capitol Visitor Center may 
            not be used for any event, except upon the passage of a 
            resolution agreed to by both houses of Congress authorizing 
            the use of the Emancipation Hall for that event. (Pub.L. 
            110-437, Title I, Sec.  103, Oct. 20, 2008, 122 Stat. 4986.)
            
                Subchapter II.--Office of the Capitol Visitor Center

       969  Sec. 2211. Establishment.
                There is established within the Office of the Architect 
            of the Capitol the Office of the Capitol Visitor Center (in 
            this chapter referred to as the ``Office''), to be headed by 
            the Chief Executive Officer for Visitor Services (in this 
            chapter referred to as the ``Chief Executive Officer''). 
            (Pub.L. 110-437, Title II, Sec.  201, Oct. 20, 2008, 122 
            Stat. 4986.)
       970  Sec. 2212. Appointment and supervision of Chief Executive 
                Officer for Visitor Services.
            (a) Appointment
                The Chief Executive Officer shall be appointed by the 
            Architect of the Capitol.
            (b) Supervision and oversight
                The Chief Executive Officer shall report directly to the 
            Architect of the Capitol and shall be subject to oversight 
            by the Committee on Rules and Administration of the Senate 
            and the Committee on House Administration of the House of 
            Representatives.
            (c) Removal
                Upon removal of the Chief Executive Officer, the 
            Architect of the Capitol shall immediately provide notice of 
            the removal to the Committee on Rules and Administration of 
            the Senate, the Committee on House Administration of the 
            House of Representatives, and the Committees on 
            Appropriations of the House of Representatives and Senate. 
            The notice shall include the reasons for the removal.
            (d) Compensation
                The Chief Executive Officer shall be paid at an annual 
            rate of pay equal to the annual rate of pay of the Deputy 
            Architect of the Capitol.
            (e) Transition for current Chief Executive Officer for 
                Visitor Services
                            (1) Appointment
                The individual who serves as the Chief Executive Officer 
            for Visitor Services under section 1806 of this title as of 
            October 20, 2008 shall be the first Chief Executive Officer 
            for Visitor Services appointed by the Architect under this 
            section.
                            (2) Omitted
                (Pub.L. 110-437, Title II, Sec.  202, Oct. 20, 2008, 122 
            Stat. 4986.)

[[Page 808]]


       971  Sec. 2213. General duties of Chief Executive Officer.
            (a) Administration of facilities, services, and activities
                            (1) In general
                Except to the extent otherwise provided in this chapter, 
            the Chief Executive Officer shall be responsible for--

                                (A) the operation, management, and 
                            budget preparation and execution of the 
                            Capitol Visitor Center, including all long 
                            term planning and daily operational services 
                            and activities provided within the Capitol 
                            Visitor Center; and

                                (B) in accordance with sections 2241 and 
                            2242 of this title, the management of guided 
                            tours of the interior of the United States 
                            Capitol.

                            (2) Independent budget consideration

                                (A) In general

                                The Architect of the Capitol, upon 
                            recommendation of the Chief Executive 
                            Officer, shall submit the proposed budget 
                            for the Office for a fiscal year in the 
                            proposed budget for that year for the Office 
                            of the Architect of the Capitol (as 
                            submitted by the Architect of the Capitol to 
                            the President). The proposed budget for the 
                            Office shall be considered independently 
                            from the other components of the proposed 
                            budget for the Architect of the Capitol.

                                (B) Exclusion of costs of general 
                            maintenance and repair of Visitor Center

                                In preparing the proposed budget for the 
                            Office under subparagraph (A), the Chief 
                            Executive Officer shall exclude costs 
                            attributable to the activities and services 
                            described under section 501(b) (relating to 
                            continuing jurisdiction of the Architect of 
                            the Capitol for the care and superintendence 
                            of the Capitol Visitor Center).

            (b) Personnel, disbursements, and contracts
                In carrying out this chapter, the Architect of the 
            Capitol shall have the authority to, upon recommendation of 
            the Chief Executive Officer--
                            (1) appoint, hire, and fix the compensation 
                        of such personnel as may be necessary for 
                        operations of the Office, except that no 
                        employee may be paid at an annual rate in excess 
                        of the maximum rate payable for level 15 of the 
                        General Schedule;
                            (2) disburse funds as may be necessary and 
                        available for the needs of the Office 
                        (consistent with the requirements of section 
                        2233 of this title in the case of amounts in the 
                        Capitol Visitor Center Revolving Fund); and
                            (3) designate an employee of the Office to 
                        serve as contracting officer for the Office, 
                        subject to subsection (c).
            (c) Requiring approval of certain contracts
                The Architect of the Capitol may not enter into a 
            contract for the operations of the Capitol Visitor Center 
            for which the amount involved exceeds $250,000 without the 
            prior approval of the Committee on Rules and Administration 
            of the Senate and the Committee on House Administration of 
            the House of Representatives.

[[Page 809]]

            (d) Semiannual reports
                The Chief Executive Officer shall submit a report to the 
            Committee on Rules and Administration of the Senate and the 
            Committee on House Administration of the House of 
            Representatives not later than 45 days following the close 
            of each semiannual period ending on March 31 or September 30 
            of each year on the financial and operational status during 
            the period of each function under the jurisdiction of the 
            Chief Executive Officer. Each such report shall include 
            financial statements and a description or explanation of 
            current operations, the implementation of new policies and 
            procedures, and future plans for each function. (Pub.L. 110-
            437, Title II, Sec.  203, Oct. 20, 2008, 122 Stat. 4987.)
       972  Sec. 2214. Assistant to the Chief Executive Officer.
            (a) In general
                The Architect of the Capitol shall--
                            (1) upon recommendation of the Chief 
                        Executive Officer, appoint an assistant who 
                        shall perform the responsibilities of the Chief 
                        Executive Officer during the absence or 
                        disability of the Chief Executive Officer, or 
                        during a vacancy in the position of the Chief 
                        Executive Officer; and
                            (2) notwithstanding section 2213(b)(1) of 
                        this title, fix the rate of basic pay for the 
                        position of the assistant appointed under 
                        subparagraph (A) at a rate not to exceed the 
                        highest total rate of pay for the Senior 
                        Executive Service under subchapter VIII of 
                        chapter 53 of Title 5, for the locality 
                        involved.
            (b) Transition for current Assistant Chief Executive Officer
                            (1) Appointment
                            The individual who serves as the assistant 
                        under section 1807 of this title as of October 
                        20, 2008 shall be the first Assistant Chief 
                        Executive Officer for Visitor Services appointed 
                        by the Architect under this section.
                            (2)
                Omitted (Pub.L. 110-437, Title II, Sec.  204, Oct. 20, 
            2008, 122 Stat. 4988.)
       973  Sec. 2215. Gift shop.
            (a) Establishment
                The Architect of the Capitol, acting through the Chief 
            Executive Officer, shall establish a Capitol Visitor Center 
            Gift Shop within the Capitol Visitor Center for the purpose 
            of providing for the sale of gift items. All moneys received 
            from sales and other services by the Capitol Visitor Center 
            Gift Shop shall be deposited in the Capitol Visitor Center 
            Revolving Fund established under section 2231 of this title 
            and shall be available for purposes of this section.
            (b) Exception to prohibition of sale or solicitation on 
                Capitol Grounds
                Section 5104(c) of Title 40, shall not apply to any 
            activity carried out under this section. (Pub.L. 110-437, 
            Title II, Sec.  205, Oct. 20, 2008, 122 Stat. 4988.)

[[Page 810]]


       974  Sec. 2216. Food service operations.
            (a) Restaurant, catering, and vending
                The Architect of the Capitol, acting through the Chief 
            Executive Officer, shall establish within the Capitol 
            Visitor Center a restaurant and other food service 
            facilities, including catering services and vending 
            machines.
            (b) Contract for food service operations
                            (1) In general
                            The Architect of the Capitol, acting through 
                        the Chief Executive Officer, may enter into a 
                        contract for food service operations within the 
                        Capitol Visitor Center.
                            (2) Existing contract unaffected
                            Nothing in paragraph (1) shall be construed 
                        to affect any contract for food service 
                        operations within the Capitol Visitor Center in 
                        effect on October 20, 2008.
            (c) Deposits
                All net profits from the food service operations within 
            the Capitol Visitor Center and all commissions received from 
            the contractor for such food service operations shall be 
            deposited in the Capitol Visitor Center Revolving Fund 
            established under section 2231 of this title.
            (d) Exception to prohibition of sale or solicitation on 
                Capitol Grounds
                Section 5104(c) of Title 40, shall not apply to any 
            activity carried out under this section. (Pub.L. 110-437, 
            Title II, Sec.  206, Oct. 20, 2008, 122 Stat. 4988.)
            
               Subchapter III.--Capitol Visitor Center Revolving Fund

       975  Sec. 2231. Establishment and accounts.
                There is established in the Treasury of the United 
            States a revolving fund to be known as the Capitol Visitor 
            Center Revolving Fund (in this section referred to as the 
            ``Fund''), consisting of the following individual accounts:
                            (1) The Gift Shop Account.
                            (2) The Miscellaneous Receipts Account.
                (Pub.L. 110-437, Title III, Sec.  301, Oct. 20, 2008, 
            122 Stat. 4989.)
       976  Sec. 2232. Deposits in the Fund.
            (a) Gift Shop Account
                There shall be deposited in the Gift Shop Account all 
            monies received from sales and other services by the gift 
            shop established under section 2215 of this title, together 
            with any interest accrued on balances in the Account.
            (b) Miscellaneous Receipts Account
                There shall be deposited in the Miscellaneous Receipts 
            Account each of the following (together with any interest 
            accrued on balances in the Account):
                            (1) Any amounts deposited under section 
                        2216(c) of this title.
                            (2) Any other receipts received from the 
                        operation of the Capitol Visitor Center.

[[Page 811]]

                            (3) Any amounts described under section 
                        2273(d) of this title. (Pub.L. 110-437, Title 
                        III, Sec.  302, Oct. 20, 2008, 122 Stat. 4989.)
       977  Sec. 2233. Use of monies.
            (a) Gift Shop Account
                            (1) In general
                            All monies in the Gift Shop Account shall be 
                        available without fiscal year limitation for 
                        disbursement by the Architect of the Capitol, 
                        upon recommendation of the Chief Executive 
                        Officer, in connection with the operation of the 
                        gift shop under section 2215 of this title, 
                        including supplies, inventories, equipment, and 
                        other expenses. In addition, such monies may be 
                        used by the Architect of the Capitol, upon 
                        recommendation of the Chief Executive Officer, 
                        to reimburse any applicable appropriations 
                        account for amounts used from such 
                        appropriations account to pay the salaries of 
                        employees of the gift shops.
                            (2) Use of remaining funds
                            To the extent monies in the Gift Shop 
                        Account are available after disbursements and 
                        reimbursements are made under paragraph (1), the 
                        Architect of the Capitol, upon recommendation of 
                        the Chief Executive Officer, may disburse such 
                        monies for the operation of the Capitol Visitor 
                        Center, after consultation with--

                                (A) the Committee on Rules and 
                            Administration of the Senate and the 
                            Committee on House Administration of the 
                            House of Representatives; and

                                (B) the Committees on Appropriations of 
                            the House of Representatives and Senate.

            (b) Miscellaneous Receipts Account
                All monies in the Miscellaneous Receipts Account shall 
            be available without fiscal year limitation for disbursement 
            by the Architect of the Capitol, upon recommendation of the 
            Chief Executive Officer, for the operations of the Capitol 
            Visitor Center, after consultation with--
                            (1) the Committee on Rules and 
                        Administration of the Senate and the Committee 
                        on House Administration of the House of 
                        Representatives; and
                            (2) the Committees on Appropriations of the 
                        House of Representatives and Senate. (Pub.L. 
                        110-437, Title III, Sec.  303, Oct. 20, 2008, 
                        122 Stat. 4989.)
       978  Sec. 2234. Administration of Fund.
            (a) Disbursements
                Disbursements from the Fund may be made by the Architect 
            of the Capitol, upon recommendation of the Chief Executive 
            Officer.
            (b) Investment authority
                The Secretary of the Treasury shall invest any portion 
            of the Fund that, as determined by the Architect of the 
            Capitol, upon recommendation of the Chief Executive Officer, 
            is not required to meet current expenses. Each investment 
            shall be made in an interest-bearing obligation of the 
            United States or an obligation guaranteed both as to 
            principal and interest by the United States that, as 
            determined by the Architect of the Capitol, upon 
            recommendation of the Chief Executive Officer, has a 
            maturity date suitable for the purposes of the Fund. The 
            Secretary

[[Page 812]]

            of the Treasury shall credit interest earned on the 
            obligations to the Fund.
            (c) Audit
                The Fund shall be subject to audit by the Comptroller 
            General at the discretion of the Comptroller General. 
            (Pub.L. 110-437, Title III, Sec.  304, Oct. 20, 2008, 122 
            Stat. 4990.)
            
                Subchapter IV.--Capitol Guide Service and Office of 
                        Congressional Accessibility Services

       979  Sec. 2241. Transfer of Capitol Guide Service.
            (a) Transfer of authorities and personnel to Office of the 
                Capitol Visitor Center
                In accordance with the provisions of this subchapter, 
            effective on the transfer date--
                            (1) the Capitol Guide Service shall be an 
                        office within the Office;
                            (2) the contracts, liabilities, records, 
                        property, appropriations, and other assets and 
                        interests of the Capitol Guide Service, 
                        established under section 2166 of this title, 
                        and the employees of the Capitol Guide Service, 
                        are transferred to the Office, except that the 
                        transfer of any amounts appropriated to the 
                        Capitol Guide Service that remain available as 
                        of the transfer date shall occur only upon the 
                        approval of the Committees on Appropriations of 
                        the House of Representatives and Senate; and
                            (3) the Capitol Guide Service shall be 
                        subject to the direction of the Architect of the 
                        Capitol, upon recommendation of the Chief 
                        Executive Officer, in accordance with this part.
            (b) Treatment of employees of Capitol Guide Service at time 
                of transfer
                            (1) In general
                            Any individual who is an employee of the 
                        Capitol Guide Service on a non-temporary basis 
                        on the transfer date who is transferred to the 
                        Office under subsection (a) shall be subject to 
                        the authority of the Architect of the Capitol 
                        under section 2242(b) of this title, except that 
                        the individual's grade, compensation, rate of 
                        leave, or other benefits that apply with respect 
                        to the individual at the time of transfer shall 
                        not be reduced while such individual remains 
                        continuously so employed in the same position 
                        within the Office, other than for cause.
                            (2) Eligibility for immediate retirement on 
                        basis of involuntary separation
                            For purposes of section 8336(d) and section 
                        8414(b) of Title 5, an individual described in 
                        paragraph (1) who is separated from service with 
                        the Office shall be considered to have separated 
                        from the service involuntarily if, at the time 
                        the individual is separated from service--

                                (A) the individual has completed 25 
                            years of service under such title; or

                                (B) the individual has completed 20 
                            years of service under such title and is 50 
                            years of age or older.

[[Page 813]]

            (c) Exception for Congressional Special Services Office
                This section does not apply with respect to any 
            employees, contracts, liabilities, records, property, 
            appropriations, and other assets and interests of the 
            Congressional Special Services Office of the Capitol Guide 
            Service that are transferred to the Office of Congressional 
            Accessibility Services under part B of subchapter IV of this 
            chapter. (Pub.L. 110-437, Title IV, Sec.  401, Oct. 20, 
            2008, 122 Stat. 4990.)
       980  Sec. 2242. Duties of employees of Capitol Guide Service.
            (a) Provision of guided tours
                            (1) Tours
                            In accordance with this section, the Capitol 
                        Guide Service shall provide without charge 
                        guided tours of the interior of the United 
                        States Capitol, including the Capitol Visitor 
                        Center, for the education and enlightenment of 
                        the general public.
                            (2) Acceptance of fees prohibited
                            An employee of the Capitol Guide Service 
                        shall not charge or accept any fee, or accept 
                        any gratuity, for or on account of the official 
                        services of that employee.
                            (3) Regulations of the Architect of the 
                        Capitol
                            All such tours shall be conducted in 
                        compliance with regulations approved by the 
                        Architect of the Capitol, upon recommendation of 
                        the Chief Executive Officer.
            (b) Authority of the Architect of the Capitol
                In providing for the direction, supervision, and control 
            of the Capitol Guide Service, the Architect of the Capitol, 
            upon recommendation of the Chief Executive Officer, is 
            authorized to--
                            (1) subject to the availability of 
                        appropriations, establish and revise such number 
                        of positions of Guide in the Capitol Guide 
                        Service as the Architect of the Capitol 
                        considers necessary to carry out effectively the 
                        activities of the Capitol Guide Service;
                            (2) appoint, on a permanent basis without 
                        regard to political affiliation and solely on 
                        the basis of fitness to perform their duties, a 
                        Chief Guide and such deputies as the Architect 
                        of the Capitol considers appropriate for the 
                        effective administration of the Capitol Guide 
                        Service and, in addition, such number of Guides 
                        as may be authorized;
                            (3) with the approval of the Committee on 
                        Rules and Administration of the Senate and the 
                        Committee on House Administration of the House 
                        of Representatives, with respect to the 
                        individuals appointed under paragraph (2)--

                                (A) prescribe the individual's duties 
                            and responsibilities; and

                                (B) fix, and adjust from time to time, 
                            respective rates of pay at single per annum 
                            (gross) rates;

                            (4) with respect to the individuals 
                        appointed under paragraph (2), take appropriate 
                        disciplinary action, including, when 
                        circumstances warrant, suspension from duty 
                        without pay, reduction in pay, demotion, or 
                        termination of employment with the Capitol Guide 
                        Service, against any employee who violates any 
                        provision of this section or any regulation 
                        prescribed by the Architect of the Capitol under 
                        paragraph (8);

[[Page 814]]

                            (5) prescribe a uniform dress, including 
                        appropriate insignia, which shall be worn by 
                        personnel of the Capitol Guide Service;
                            (6) from time to time and as may be 
                        necessary, procure and furnish such uniforms to 
                        such personnel without charge to such personnel;
                            (7) receive and consider advice and 
                        information from any private historical or 
                        educational organization, association, or 
                        society with respect to those operations of the 
                        Capitol Guide Service which involve the 
                        furnishing of historical and educational 
                        information to the general public; and
                            (8) with the approval of the Committee on 
                        Rules and Administration of the Senate and the 
                        Committee on House Administration of the House 
                        of Representatives, prescribe such regulations 
                        as the Architect of the Capitol considers 
                        necessary and appropriate for the operation of 
                        the Capitol Guide Service, including regulations 
                        with respect to tour routes and hours of 
                        operation, number of visitors per guide, staff-
                        led tours, and non-law enforcement security and 
                        special event related support.
            (c) Provision of accessible tours in coordination with 
                Office of Congressional Accessibility Services
                The Chief Executive Officer shall coordinate the 
            provision of accessible tours for individuals with 
            disabilities with the Office of Congressional Accessibility 
            Services established under part B of subchapter IV of this 
            chapter.
            (d) Detail of personnel
                The Architect of the Capitol shall detail personnel of 
            the Capitol Guide Service based on a request from the 
            Capitol Police Board to assist the United States Capitol 
            Police by providing ushering and informational services, and 
            other services not directly involving law enforcement, in 
            connection with--
                            (1) the inauguration of the President and 
                        Vice President of the United States;
                            (2) the official reception of 
                        representatives of foreign nations and other 
                        persons by the Senate or House of 
                        Representatives; or
                            (3) other special or ceremonial occasions in 
                        the United States Capitol or on the United 
                        States Capitol Grounds that--

                                (A) require the presence of additional 
                            Government personnel; and

                                (B) cause the temporary suspension of 
                            the performance of regular duties.

            (e) Effective date
                This section shall take effect on the transfer date. 
            (Pub.L. 110-437, Title IV, Sec.  402, Oct. 20, 2008, 122 
            Stat. 4991.)
       981  Sec. 2251. Office of Congressional Accessibility Services.
            (a) Omitted
            (b) Specific functions
                The Director of Accessibility Services shall submit to 
            the Committee on Rules and Administration of the Senate and 
            the Committee on House Administration of the House of 
            Representatives a list of the specific functions that the 
            Office of Congressional Accessibility Services will per

[[Page 815]]

            form in carrying out this part with the approval of the 
            Committee on Rules and Administration of the Senate and the 
            Committee on House Administration of the House of 
            Representatives. The Director of Accessibility Services 
            shall submit the list not later than 30 days after the 
            transfer date.
            (c) Transition for current director
                The individual who serves as the head of the 
            Congressional Special Services Office as of October 20, 2008 
            shall be the first Director of Accessibility Services 
            appointed by the Congressional Accessibility Services Board 
            under section 130e of this title. (Pub.L. 110-437, Title IV, 
            Sec.  411, Oct. 20, 2008, 122 Stat. 4993.)
       982  Sec. 2252. Transfer from Capitol Guide Service.
            (a) Transfer of authorities and personnel of Congressional 
                Special Services Office of Capitol Guide Service
                In accordance with the provisions of this subchapter, 
            effective on the transfer date--
                            (1) the contracts, liabilities, records, 
                        property, appropriations, and other assets and 
                        interests of the Congressional Special Services 
                        Office of the Capitol Guide Service, and the 
                        employees of such Office, are transferred to the 
                        Office of Congressional Accessibility Services 
                        established under section 130e(a) of this title, 
                        except that the transfer of any amounts 
                        appropriated to the Congressional Special 
                        Services Office that remain available as of the 
                        transfer date shall occur only upon the approval 
                        of the Committees on Appropriations of the House 
                        of Representatives and Senate; and
                            (2) the employees of such Office shall be 
                        subject to the direction, supervision, and 
                        control of the Director of Accessibility 
                        Services.
            (b) Treatment of employees at time of transfer
                            (1) In general
                            Any individual who is an employee of the 
                        Congressional Special Services Office of the 
                        Capitol Guide Service on a non-temporary basis 
                        on the transfer date who is transferred under 
                        subsection (a) shall be subject to the authority 
                        of the Director of Accessibility Services under 
                        section 130e(b) of this title, except that the 
                        individual's grade, compensation, rate of leave, 
                        or other benefits that apply with respect to the 
                        individual at the time of transfer shall not be 
                        reduced while such individual remains 
                        continuously so employed in the same position 
                        within the Office of Congressional Accessibility 
                        Services established under section 130e(a) of 
                        this title, other than for cause.
                            (2) Eligibility for immediate retirement on 
                        basis of involuntary separation
                            For purposes of section 8336(d) and section 
                        8414(b) of Title 5, an individual described in 
                        paragraph (1) who is separated from service with 
                        the Office of Congressional Accessibility 
                        Services shall be considered to have separated 
                        from the service involuntarily if, at the time 
                        the individual is separated from service--

                                (A) the individual has completed 25 
                            years of service under such title; or

                                (B) the individual has completed 20 
                            years of service under such title and is 50 
                            years of age or older.

[[Page 816]]

                            (3) Prohibiting imposition of probationary 
                        period
                            The Director of Accessibility Services may 
                        not impose a period of probation with respect to 
                        the transfer of any individual who is 
                        transferred to the Office of Congressional 
                        Accessibility Services under subsection (a). 
                        (Pub.L. 110-437, Title IV, Sec.  412, Oct. 20, 
                        2008, 122 Stat. 4995.)
       983  Sec. 2261. Transfer date.
                In this subchapter, the term ``transfer date'' means the 
            date occurring on the first day of the first pay period 
            (applicable to employees transferred under section 2241 of 
            this title) occurring on or after 30 days after October 20, 
            2008. (Pub.L. 110-437, Title IV, Sec.  421, Oct. 20, 2008, 
            122 Stat. 4996.)
            
                       Subchapter V.--Miscellaneous Provisions

       984  Sec. 2271. Jurisdictions unaffected.
            (a) Security jurisdiction unaffected
                Nothing in this chapter granting any authority to the 
            Architect of the Capitol or Chief Executive Officer shall be 
            construed to affect the exclusive jurisdiction of the 
            Capitol Police, the Capitol Police Board, the Sergeant at 
            Arms and Doorkeeper of the Senate, and the Sergeant at Arms 
            of the House of Representatives to provide security for the 
            Capitol, including the Capitol Visitor Center.
            (b) Architect of the Capitol jurisdiction unaffected
                            (1) In general
                            Nothing in this chapter granting any 
                        authority to the Chief Executive Officer shall 
                        be construed to affect the exclusive 
                        jurisdiction of the Architect of the Capitol for 
                        the care and superintendence of the Capitol 
                        Visitor Center. All maintenance services, 
                        groundskeeping services, improvements, 
                        alterations, additions, and repairs for the 
                        Capitol Visitor Center shall be made under the 
                        direction and supervision of the Architect, 
                        subject to the approval of the Committee on 
                        Rules and Administration of the Senate and the 
                        House Office Building Commission as to matters 
                        of general policy.
                            (2) Omitted
                (Pub.L. 110-437, Title V, Sec.  501, Oct. 20, 2008, 122 
            Stat. 4997.)
       985  Sec. 2272. Acceptance of volunteer services.
                Notwithstanding section 1342 of Title 31, the Architect 
            of the Capitol, upon the recommendation of the Chief 
            Executive Officer, may accept and use voluntary and 
            uncompensated services for the Capitol Visitor Center as the 
            Architect of the Capitol determines necessary. No person 
            shall be permitted to donate personal services under this 
            section unless such person has first agreed, in writing, to 
            waive any and all claims against the United States arising 
            out of or connection with such services, other than a claim 
            under the provisions of chapter 81 of Title 5. No person 
            donating personal services under this section shall be 
            considered an employee of the United States for any purpose 
            other than for purposes of chapter 81 of such title. In no 
            case shall the acceptance of personal services under this 
            subsection result in the reduction of pay or displacement of 
            any employee of the Office of the Architect of the Capitol. 
            (Pub.L. 110-437, Title V, Sec.  503, Oct. 20, 2008, 122 
            Stat. 4997.)

[[Page 817]]


       986  Sec. 2273. Coins treated as gifts.
            (a) Definition
                In this section, the term ``covered grounds'' means--
                            (1) the grounds described under section 5102 
                        of Title 40;
                            (2) the Capitol Buildings defined under 
                        section 5101 of Title 40, including the Capitol 
                        Visitor Center; and
                            (3) the Library of Congress buildings and 
                        grounds described under section 167j of this 
                        title.
            (b) Treatment of coins
                In the case of any coins in any fountains on covered 
            grounds--
                            (1) such coins shall be treated as gifts to 
                        the United States; and
                            (2) the Architect of the Capitol shall--

                                (A) collect such coins at such times and 
                            in such manner as the Architect determines 
                            appropriate; and

                                (B) except as provided under subsection 
                            (c), deposit the collected coins in 
                            accordance with subsection (d).

            (c) Cost reimbursement
                Any amount collected under this section shall first be 
            used to reimburse the Architect of the Capitol for any costs 
            incurred in the collection and processing of the coins. The 
            amount of any such reimbursement is appropriated to the 
            account from which such costs were paid and may be used for 
            any authorized purpose of that account.
            (d) Deposit of coins
                The Architect of the Capitol shall deposit coins 
            collected under this section in the Miscellaneous Receipts 
            Account of the Capitol Visitor Center Revolving Fund 
            established under section 2231 of this title.
            (e) Authorized use and availability
                Amounts deposited in the Miscellaneous Receipts Account 
            of the Capitol Visitor Center Revolving Fund under this 
            section shall be available as provided under section 2233(b) 
            of this title. (Pub.L. 110-437, Title V, Sec.  504, Oct. 20, 
            2008, 122 Stat. 4998.)
            
                   Subchapter VI.--Authorization of Appropriation

       987  Sec. 2281. Authorization of appropriations.
                There are authorized to be appropriated such sums as are 
            necessary to carry out this chapter. (Pub.L. 110-437, Title 
            VI, Sec.  601, Oct. 20, 2008, 122 Stat. 4999.)
                               3 u.s.c.--the president

                  general and permanent laws relating to the senate